Jerusalem Talmud Nedarim 8:6:1-9:1:2

Here is a chevruta-level analysis of the provided Jerusalem Talmud Nedarim passage:

Sugya Map

• Issue: Defining the precise temporal boundaries of vows, particularly concerning intercalary years and the intent behind temporal markers like "Passover," "the Fast," or "Sabbath."
• Nafka Mina:
  • Halachic determination of when a vow terminates, impacting forbidden actions and obligations.
  • Distinction between vows based on fixed calendar dates versus those tied to cyclical events.
  • Application of the principle of "openings of remorse" (פתחי תשובה) and intent in vow dissolution.
  • The concept of "time of eating" or "time of drinking" as a determinant of vow duration.
  • The legal status of vows made in relation to intercalary months.
  • The interpretation of vows made in financial contexts versus personal ones.
• Primary Sources:
  • Jerusalem Talmud Nedarim 8:6:1-9:1:2 (Mishnah and Halakha)
  • Jerusalem Talmud Rosh Hashanah 1:1:1-16
  • Jerusalem Talmud Bava Metzia 1:1:1
  • Jerusalem Talmud Gittin 7:6:1
  • Jerusalem Talmud Nedarim 7:3:1
  • Tosefta Nedarim (Lieberman) 4:8-9
  • Maimonides, Hilkhot Nedarim 8:10
  • Babylonian Talmud Nedarim 22a, 24a, 63a
  • Numbers 30:2-3
  • Leviticus 23:40, 42
  • Exodus 13:9, 16
  • Isaiah 58:7
  • Psalms 81:10
  • Job 35:6-7
  • Proverbs 12:18
  • Deuteronomy 21:5
  • Leviticus 13:12

Text Snapshot

The passage opens with a mishnah (Nedarim 8:6:1) dealing with vows referencing time: "‘A qônām that I shall not taste wine this year’, if the year became intercalary he is forbidden it and its intercalary month." The accompanying halakha immediately probes the implication: "Does this imply that Nisan is the beginning of the year as far as vows are concerned? Tishre is the beginning of the year as far as vows are concerned."

The key phrase here is "אסור בה ובעיבורה" (asur ba u've'ibura), meaning "forbidden in it [the year] and in its intercalation." This phrase is critical because it explicitly links the vow's duration to the potential lengthening of the year. The ensuing discussion questions whether this implies a Nisan-based calendar for vows, contrasting it with the established Tishre New Year for legal purposes.

Later, the mishnah (8:6:5) discusses vows tied to festivals: "If one said, ‘a qônām that I shall not taste wine until Passover has come’, he is forbidden only until the night of Passover since he intended only until the time everybody drinks wine." The phrase "עד ליל הפסח" (ad leil HaPesach) meaning "until the night of Passover," highlights the interpretive principle that such vows are often understood to terminate at the conventional time of the event's commencement, which, for festivals, is often associated with evening or the meal.

Readings

Penei Moshe: The Year and its Intercalary Month

The Penei Moshe, commenting on "נתעברה השנה אסור בה ובעיבורה" (nit'abrah hashanah asur ba u've'ibura - "the year became intercalary, he is forbidden in it and in its intercalation"), explains that this rule applies even if the vow was made at the beginning of the year. The default assumption is not that the vow was made for a standard twelve-month year, but rather for "this year" (hashanah hazeh), which could be thirteen months. Thus, the prohibition extends to the intercalary month. This demonstrates a strict interpretation of "this year" in the context of vows, encompassing any extension.

Korban HaEdah: Time Markers and Intent

The Korban HaEdah, analyzing "עד ראש אדר" (ad rosh Adar - "until the start of Adar"), states that without further qualification, the vow is only forbidden until the first day of the first Adar. This is contrasted with "עד סוף אדר" (ad sof Adar - "until the end of Adar"), which is understood as the end of the first Adar. This suggests a careful parsing of temporal language, distinguishing between beginnings and endings, and implicitly acknowledging the existence of two Adars in an intercalary year.

Mareh HaPanim: The Default Adar and Documentary Evidence

Mareh HaPanim delves into the nuance of "Adar" in vows. It notes variations in textual versions (like Raavad and Ran) regarding "until the end of Adar" versus "until the end of the second Adar." Crucially, it brings in the practice that "a simple Adar is Second Adar" (סתם אדר אדר שני הוא - stam Adar Adar Sheni hu). This is a significant interpretive principle: in the absence of explicit specification, the default assumption leans towards the later, longer month. This principle is applied to the halakha discussing vows made before or after intercalation. Mareh HaPanim further cites Maimonides, suggesting a distinction based on whether the vower knew the year would be intercalary, and references the Babylonian Talmud's agreement with R. Meir on this point. The practical implication is that when mentioning "first Adar," it should be specified explicitly, not left as "Adar" alone.

Sheyarei Korban: The Logic of Intercalation in Vows

Sheyarei Korban grapples with the seeming contradiction between the vow's duration and the biblical calendar. It asks why, if the Torah's language governs, the intercalary month is included, when selling a house in walled cities has a different rule (Eruvin 96a-b). The answer offered is that the Torah's language is applied strictly only in matters of stringency. It also notes the view that "a year" (shanah) in vows is not equivalent to "a year" in other contexts, implying a specific calendrical calculation for vows. The explanation for why "until the end of Adar" includes the second Adar is that the phrasing indicates the vower intended the prohibition to last until the end of the year, whatever its length, treating both Adars as part of a single extended month for the vow's duration.

Friction

The Core Tension: Calendar Year vs. Vow Year

The central friction lies in reconciling the established halakhic calendar, particularly the New Year for vows (Tishre), with the specific temporal language used in a vow, especially when the year becomes intercalary.

Kushya: The mishnah states that if someone vows "this year," and the year becomes intercalary, they are forbidden "it and its intercalary month." The accompanying halakha immediately questions if this implies Nisan is the New Year for vows, but then asserts, "Tishre is the beginning of the year as far as vows are concerned." This creates a tension: if Tishre is the New Year, why does a vow of "this year" automatically extend into the intercalary month, seemingly treating it as a continuation of the same year, rather than a new period beginning after the original twelve months? Furthermore, how does "until the start of Adar" operate if Tishre is the New Year, and Adar falls within the later part of the year?

Terutz: The Yerushalmi's approach, particularly as elaborated by commentators like Sheyarei Korban, resolves this by distinguishing between the legal New Year (Rosh Hashanah for Tishre) and the temporal scope of a vow made using the term "this year" (hashanah hazeh). When one vows for "this year," the Yerushalmi understands this to mean the entire duration of the current solar/lunar cycle as it unfolds, including any extensions. If the year is intercalary, the vow implicitly encompasses the second Adar because it's seen as part of the same "year" cycle that began with Tishre, rather than a distinct, new twelve-month period. The prohibition is thus tied to the actual length of the calendar year in which the vow was made, not a theoretical twelve-month span. For terms like "until Adar," the default is usually the first Adar, but the principle of "a simple Adar is Second Adar" (סתם אדר אדר שני הוא) from Mareh HaPanim suggests a leniency or default towards the later month when ambiguity exists, especially in documentary contexts, but perhaps less so in personal vows unless explicitly stated. The critical point is that "this year" includes its potential intercalation.

Intertext

1. Babylonian Talmud Nedarim 63a: The Knowledge of Intercalation

The Jerusalem Talmud's discussion on vows and intercalation directly engages with a similar debate in the Babylonian Talmud. The Gemara there (Nedarim 63a) states: "If he vowed before they intercalated, he is forbidden it and its intercalary month. If they intercalated and then he vowed, he is permitted it." The Yerushalmi (8:6:1:3) presents this distinction as Rebbi Abin in the name of Rebbi Hila: "That is only if he vowed before they intercalated. But if they intercalated and then he vowed, that is not so." This demonstrates a shared conceptual framework regarding the vower's awareness of the intercalation at the time of the vow. The Babylonian Talmud's reasoning is that if one vows "until the end of Adar" after the intercalation, they are assumed to mean the end of the second Adar. If they vow before intercalation, and it subsequently occurs, they are still bound to the end of the second Adar because they vowed for "this year," and "this year" turned out to be thirteen months.

2. Shulchan Arukh, Yoreh De'ah 220:7: The "This Year" Principle

The Shulchan Arukh encapsulates this principle in Yoreh De'ah 220:7: "Si la personne a dit: «Pendant toute une année» ou «pendant une année», l’interdiction durera une année entière, à partir du jour où le vœu a été formulé, et, si cette année compte treize mois, ce mois supplémentaire sera compris dans l’interdiction." This directly mirrors the Yerushalmi's understanding of "this year" (hashanah hazeh) encompassing the intercalary month. It clarifies that the vow extends to the full duration of the calendar year in which it was made, irrespective of its normal or extended length. This shows the enduring application of the Yerushalmi's interpretative approach to vow durations.

Psak/Practice

The primary practical implication revolves around the interpretation of vows concerning time.

1. "This Year" Vows: A vow made for "this year" (hashanah hazeh) is understood to include any intercalary month that occurs within that calendrical year. This means the prohibition extends for the full thirteen months if the year is intercalary. This is a stringent interpretation.
2. Temporal Markers: Vows tied to festivals like "until Passover" are generally interpreted based on the intended time of the event's commencement, often the evening before or the actual beginning of the festival meal. This suggests that the practical, customary time of an event, rather than a strict midnight-to-midnight boundary, often defines the termination of such vows.
3. Vow Dissolution (פתחי תשובה): The latter half of the text heavily emphasizes the concept of "openings of remorse." Sages may dissolve vows by highlighting the unintended negative consequences or the shame associated with making the vow, particularly concerning obligations to parents or God. This process is complex and requires careful consideration of the vower's state of mind and the specific context of the vow.

Takeaway

The Yerushalmi meticulously dissects the temporal nature of vows, demonstrating that "this year" inherently includes its potential intercalary additions, reflecting a commitment to the actual temporal reality of the vow's period. The intricate art of finding "openings of remorse" reveals the Sages' intent to uphold the spirit of vows while providing pathways for their legitimate dissolution when made without full foresight.