Nedarim

MISHNAH. HE WHO VOWS [TO ABSTAIN] FROM VEGETABLES IS PERMITTED GOURDS. R. AKIBA FORBIDS THEM. THE [SAGES] SAID TO HIM, BUT WHEN A MAN SAYS TO HIS AGENT 'FETCH ME VEGETABLES, HE REPLIES, I COULD OBTAIN ONLY GOURDS. HE ANSWERED, EXACTLY: BUT WOULD HE SAY, 'I COULD OBTAIN ONLY PULSE?'  BUT THAT GOURDS ARE INCLUDED IN VEGETABLES, WHILST PULSE IS [DEFINITELY] NOT. HE IS [ALSO] FORBIDDEN FRESH EGYPTIAN BEANS. BUT PERMITTED THE DRY SPECIES]. GEMARA. HE WHO VOWS [TO ABSTAIN] FROM VEGETABLES etc. But he vowed [to abstain] from vegetables!  — Said 'Ulla: This refers to one who vows. 'The vegetables of the pot [be forbidden] to me.'  But perhaps he meant vegetables which are eaten [with food cooked] in a pot?  — He said: 'Vegetables that are cooked in a pot [he forbidden] to me.' Wherein do they differ? — The Rabbis maintain: Whatever an agent must inquire about does not belong to the same species;  but R. Akiba maintains, Whatever the agent needs inquire about is of the same species.  Abaye said: R. Akiba admits in respect to punishment that he is not flagellated. We learnt elsewhere: If the agent carried out his commission, the principal  is guilty of a trespass; if he did not carry out his commission, he himself is guilty of a trespass.  With which Tanna does this agree? R. Hisda said: Our Mishnah does not agree with R. Akiba. For we learnt:  Thus, if he said to him, 'Give the guests meat, and he gave them liver; '[give them] liver,' and he gave them meat, the agent is guilty of a trespass.  But if this agrees with R. Akiba: did he not say. Whatever an agent must inquire about, belongs to that species? In that case, the principal, and not the agent, should be liable to a trespass-[offering]?  Abaye said, This may agree even with R. Akiba: