Jerusalem Talmud Nedarim 8:1:1-2:2

Sugya Map

• Issue: The temporal scope of vows concerning specific periods ("today," "this week," "this month," "this year," "this Sabbatical period"). Specifically, how the beginning and end of these periods are defined, and whether they include adjacent days/periods.
• Nafka Mina: Determining the precise duration of a prohibition enacted by a vow, impacting whether an individual is permitted or forbidden from an action on seemingly ambiguous boundary days (e.g., nightfall of "today," the Sabbath for "this week," Rosh Chodesh for "this month," Rosh Hashanah for "this year"). This also touches upon the fundamental definition of a "day" in the context of vows and its relation to popular versus biblical usage.
• Primary Sources:
  • Yerushalmi Nedarim 8:1:1-2:2 (Mishnah and Halakha)
  • Tosefta Nedarim 4:7 (mentioned in footnote 13)
  • Tanakh (implied by footnote 10 regarding the definition of a day)
  • Yerushalmi Rosh Hashanah 1:1:1-16 (mentioned in footnote 14)
  • Yerushalmi Ta'anit 3:13 (mentioned in footnote 19)
  • Yerushalmi Kidushin 3:9-10 (mentioned in footnote 40)

Text Snapshot

Yerushalmi Nedarim 8:1:1 (Mishnah)

• ‘A qônām that I shall not taste wine today,’ he is forbidden only until nightfall¹.
• ‘This week’, he is forbidden the entire week; the Sabbath belongs to the past².
• ‘This month’, he is forbidden the entire month; the day of the New Moon belongs to the future³.
• ‘This year’, he is forbidden the entire year; New Year’s Day belongs to the future.
• ‘This Sabbatical period’, he is forbidden the entire Sabbatical period⁴; the Sabbatical year belongs to the past.⁵

Leshon Nuance: The phrases "belongs to the past" (לשבת שעברה) and "belongs to the future" (להבא הוא נמנה) are crucial. They indicate whether a boundary period is considered part of the vowed period or the period immediately following it. The distinction between "today" (היום) and "one day" (יום אחד) is also highlighted, suggesting a difference in interpretation based on specificity.

Readings

Penei Moshe on Nedarim 8:1:1:1-7

The Penei Moshe provides detailed explanations for each clause of the Mishnah, often clarifying the temporal logic.

• On "today...until nightfall" (8:1:1:1): The Penei Moshe states, "כיון שאמר היום לא משמע אלא עד שיגמר אותו היום דהיינו עד שתחשך" (Since he said 'today,' it implies only until that day is finished, meaning until nightfall). This establishes the default understanding of "today" as ending with the cessation of daylight.
• On "this week...Sabbath belongs to the past" (8:1:1:2): "היה עומד באמצע השבוע ואמר שבת זו אסור בכל ימי השבוע ושבת עצמו בכלל איסור של שבוע שעברה דכי אמר שבת זו דעתייהו על ימי החול הבאים ועל יום השבת" (If he was standing in the middle of the week and said 'this Sabbath,' he is forbidden during all the days of the week, and the Sabbath itself is included in the prohibition of the past week, because when he says 'this Sabbath,' his intention is towards the coming weekdays and the Sabbath day). This is slightly confusing as written; the intent is that "this week" includes the current week's days and the upcoming Sabbath, and the prohibition ends after that Sabbath, meaning the Sabbath is considered "past" relative to the next week.
• On "this month...New Moon belongs to the future" (8:1:1:4): "ואין ראש חדש מכלל ימי האיסור אלא להבא הוא נמנה ומותר ואפילו בשני ימים ראש חדש מותר ביום הראשון שהוא יום שלשים לשעבר משום דאינשי קרו ליה ריש ירחא" (And Rosh Chodesh is not included in the days of prohibition; rather, it is counted for the future, and he is permitted. Even on the two days of Rosh Chodesh, he is permitted on the first day, which is the thirtieth day of the past [month], because people call it 'Rosh Chodesh'). The Penei Moshe clarifies that Rosh Chodesh marks the beginning of the next month, hence it's "future" relative to the vow of "this month."
• On "this year...New Year's Day belongs to the future" (8:1:1:5): "אם עמד באמצע השנה ואמר שנה זו אסור עד תשלום השנה ומותר בראש השנה שהוא נמנה עם השנה העתידה לבא" (If he stood in the middle of the year and said 'this year,' he is forbidden until the completion of the year, and he is permitted on Rosh Hashanah, which is counted with the coming year). Similar to Rosh Chodesh, Rosh Hashanah initiates the new year, thus falling outside the vow of "this year."
• On "this Sabbatical period...Sabbatical year belongs to the past" (8:1:1:6): "היה עומד באמצע השמיטה ואמר שבוע זה אסור עד תשלום השמיטה והשביעית בכלל שמיטה שעברה" (If he was standing in the middle of the Shmita cycle and said 'this Shmita period,' he is forbidden until the completion of the Shmita cycle, and the seventh [year, i.e., the coming Shmita year] is included in the past Shmita cycle). This means the vow extends through the current Shmita period and the following Shmita year is considered "past" relative to the next Shmita cycle, thus ending the prohibition before it.
• On "one day...from day to day" (8:1:1:7): "אם עומד באמצע היום ואמר יום אחד עלי אסור עד למחר כעת הזאת וכן אם עומד באמצע החדש ואמר חדש עלי אסור עד יום זה מחדש הבא וכן בשנה וכן בשמיטה" (If he stood in the middle of the day and said 'one day,' it is forbidden for him until tomorrow at this time. Likewise, if he stood in the middle of the month and said 'one month,' it is forbidden for him until this day of the coming month, and similarly for a year and a Sabbatical period). This emphasizes that "one day/week/month/year" implies a precise 24-hour period (or equivalent), starting from the moment of the vow.

Korban HaEdah on Nedarim 8:1:1:1

The Korban HaEdah offers a similar explanation to the Penei Moshe for the first point:

• On "today...until nightfall" (8:1:1:1): "דכיון דאמר היום לא משמע אלא עד שיגמור אותו היום דהיינו עד שתחשך" (Since he said 'today,' it implies only until that day is finished, meaning until nightfall). This reinforces the understanding of "today" as a diurnal period.

Friction

The Yerushalmi grapples with the fundamental principle of interpreting vows, specifically the tension between common usage (מנהג העולם / לשון בני אדם) and biblical usage (לשון מקרא).

The Core Tension: "Today" vs. "Day"

The Halakha begins by stating that the Mishnah implies permission at nightfall after a vow of "today." It immediately questions this, referencing the Bavli's opinion (Rav Yirmiyah bar Abba) requiring rabbinic permission to drink after nightfall. The Yerushalmi presents this as a rejection of the Bavli's stringent view.

Then, the crux of the friction emerges: "Does this not disagree with Rebbi Joḥanan, since Rebbi Joḥanan said, in matters of vows one follows common usage?" The Yerushalmi proceeds to test this principle with contrasting scenarios:

1. "It is not usual that a man should say to another in the evening, I did not eat until evening. Would he say, yesterday?" (If it's evening, one wouldn't refer to the day just ending as "yesterday"). This implies that evening hours do belong to the "day" in common parlance.
2. "It is not usual that a man should say to another in the morning, I did not eat in the evening. Would he say, the same day?" (If it's morning, one would refer to the preceding evening as "the same day"). This implies that morning hours are distinct from the preceding evening.

The Yerushalmi then introduces Rebbi Jonah's explanation: "Rebbi Jonah from Bostra said, it is the way of people to say to another, bear with me this day." This idiom refers specifically to daytime.

The Yerushalmi synthesizes this by positing: "What is the difference between “this day” and “today”? That is, following the opinion that in matters of vows one follows common usage. But here, one follows the opinion that in matters of vows one follows biblical usage."

The Strongest Kushya

The most significant point of friction is the Yerushalmi's apparent reliance on biblical usage for the definition of "today" in the context of vows, contradicting Rebbi Joḥanan's general principle that vows follow common usage. The examples cited (referring to evening as "yesterday" or morning as "the same day") seem to highlight a disconnect between the strict 24-hour definition and how people actually speak. If common usage dictates that "today" ends at nightfall, why is the Yerushalmi bringing in biblical usage (which defines a day from evening to morning)?

The Best Terutz

The most elegant terutz offered is the distinction between the specific term "היום" (today) and the more general "יום" (day), or the specific phrasing "this day" (היום הזה).

• The Yerushalmi suggests that when one says "היום" (today), it is interpreted according to biblical usage, which defines a day as commencing with the evening and concluding with the following evening (Bereishit 1:5). Therefore, the prohibition of "today" would technically extend until the following evening. However, the Mishnah here abrogates this strict biblical definition by stating the prohibition lasts only until nightfall. This implies a specific leniency or interpretation applied to "today" in this context, overriding the default biblical definition.
• When the term is "יום אחד" (one day), or implied in phrases like "this week," "this month," etc., the Yerushalmi leans towards common usage, which often implies a 24-hour cycle from the moment of the vow. This aligns with Rebbi Joḥanan's principle.

The crucial point is that the Mishnah's statement, "he is forbidden only until nightfall," is a specific ruling that defines the scope of "today" in this context, seemingly by taking a common, diurnal understanding and formalizing it, rather than strictly adhering to the biblical evening-to-evening definition. Rebbi Jonah's explanation about "bear with me this day" (סברני יומא) further supports the idea that "day" can colloquially refer to daylight hours, thus aligning with the Mishnah's conclusion. The Yerushalmi is essentially saying that while the default for vows might be common usage (Rebbi Joḥanan), and the biblical definition of a day is evening-to-evening, the specific phrasing "today" in this Mishnah is understood practically as ending at nightfall, a common-sense interpretation that perhaps even supersedes the default reliance on common usage in certain instances for clarity.

Alternatively, one could argue that the Yerushalmi is not necessarily switching to biblical usage, but rather highlighting how common usage itself often truncates the day at nightfall when referring to a specific day's activities. The examples of "yesterday" and "the same day" are meant to illustrate how people naturally divide their discourse into diurnal segments, not necessarily evening-to-evening. Therefore, Rebbi Joḥanan's principle is maintained, but the interpretation of "today" is informed by this observed common usage of diurnal segmentation.

Intertext

Tanakh: Genesis 1:5

The very definition of a "day" in Tanakh is foundational to this discussion. "וַיִּקְרָא אֱלֹהִים לָאוֹר יוֹם וְלַחֹשֶׁךְ קָרָא לָיְלָה וַֽיְהִי־עֶרֶב וַֽיְהִי־בֹקֶר יוֹם אֶחָד." (And God called the light Day, and the darkness He called Night. And there was evening and there was morning, day one.)

• Connection: This verse establishes the biblical model of a day beginning with evening and ending with morning. The Yerushalmi's discussion about whether "today" follows common usage or biblical usage directly engages with this fundamental definition. The debate hinges on whether a vow like "today" should be interpreted strictly by this biblical evening-to-morning structure or by the more common, diurnal (daylight) understanding. The Mishnah's ruling of "until nightfall" seems to align with a diurnal interpretation, even if the underlying principle is debated.

Yerushalmi Rosh Hashanah 1:1:1-16

The Mishnah in Rosh Hashanah discusses the four new years. Notably, it states: "ניסן ראש השנה לשנים למלכים. אלול ראש השנה למעשר בהמה. אלול ראש השנה לאילנות. תשרי ראש השנה לשנים ולשמיטין וליובלות ולנטיעת סדק. וכן למקצת כלי חרס." (Nisan is the New Year for years of kings. Elul is the New Year for tithes of animals. Elul is the New Year for trees. Tishrei is the New Year for years, for Sabbaticals and for Jubilees and for planting sycamores. Also for some earthenware.)

• Connection: Footnote 14 explicitly references this Mishnah regarding the beginning of the year for vows. The Yerushalmi in Nedarim questions whether Nisan is the beginning of the year for vows, as it is biblically. However, it concludes that Tishrei is the beginning of the year for vows. This intertextual connection highlights the broader discussion in Yerushalmi about how calendrical definitions, particularly the start of the year, are applied in halakhic contexts, including vows. The Nedarim passage specifically addresses whether "this year" includes Rosh Hashanah of the following year, linking the concept of the "year" in vows to the calendrical understanding discussed in Rosh Hashanah.

Psak/Practice

The primary halakhic implication derived from this section relates to the interpretation of temporal vows.

• "Today" (היום): A vow of "today" is generally understood to last until nightfall. This is a practical interpretation that aligns with common usage of "day" as a diurnal period, even if the underlying principle of common vs. biblical usage is debated. This is codified in Shulchan Aruch, Even HaEzer 116:5, which discusses vows of a specific day.
• "One Day" (יום אחד): A vow of "one day" (or "one week," "one month," etc.) is interpreted precisely, lasting for 24 hours from the moment of the vow. This is a standard application of how specific durations are calculated in halakha.
• "This Year" (שנה זו): The prohibition of "this year" extends through the entire current year, including its Rosh Hashanah, which is considered the start of the next year and thus falls outside the vow. This implies that vows of specific periods are generally understood to encompass the entirety of that designated period, with the immediate subsequent period marking the end. This is consistent with how the Mishnah defines the boundaries for "this month" and "this Sabbatical period" as well.

The meta-heuristic at play here is the Yerushalmi's meticulous analysis of language and intent in vows. It demonstrates a commitment to clarity and precision, resolving potential ambiguities by referencing either established common usage or, in some cases, specific rabbinic interpretations that refine or even override default understandings.

Takeaway

The precise temporal boundaries of vows are not merely linguistic technicalities but reflect deeply embedded understandings of time and its divisions, negotiated between biblical precedent and daily human experience. Understanding these distinctions is crucial for accurate vow interpretation, ensuring both stringency where intended and clarity where ambiguity might arise.