Soncino English Talmud
Niddah
Daf 46b
[Reverting to] the above text, 'If a minor dedicated some food and others ate it, R. Kahana ruled, They are not to be flogged, while both R. Johanan and Resh Lakish ruled, They are to be flogged'. On what principle do they differ? — The Masters are of the opinion that an intelligent minor approaching manhood is under a Pentateuchal obligation while the Master is of the opinion that an intelligent minor approaching manhood is only under a Rabbinical obligation. R. Jeremiah raised an objection: If a fatherless girl made a vow, her husband may disallow it for her. Now if you grant that an intelligent minor approaching manhood is only under a Rabbinical obligation one can well justify the ruling, since the force of a Rabbinical marriage may well annul a Rabbinical vow, but if you maintain that the obligation is Pentateuchal, could [it may be objected] the force of a Rabbinical marriage annul a Pentateuchal vow? — R. Judah citing Samuel replied: Her husband may disallow her vow for her whatever your assumption might be. If the minor's obligation is Rabbinical, the whole matter is a Rabbinical affair; and if the obligation is Pentateuchal, it is a case of a minor who eats nebelah where it is not the duty of the Beth din to take it away from him. But would she not be eating, in reliance upon the first disallowance, even when she attains her majority? — Rabbah b. Liwai replied: Her husband disallows her vow for her every now and then. This, however, applies only to one who cohabited with her. But, surely, no husband may disallow vows made prior to marriage? — This is in agreement with R. Phinehas who cited Raba, for R. Phinehas citing Raba stated: Any woman who vows acts in reliance on the opinion of her husband. Said Abaye, Come and hear: If a minor has not yet grown two hairs, R. Judah ruled, his terumah is not valid; while R. Jose ruled, Before reaching the age when his vows are valid his terumah is not valid, but after reaching the age when his vows are valid his terumah is valid. Assuming that R. Jose is of the opinion that terumah at the present time is a Pentateuchal institution, his ruling would be well justified if you grant that an intelligent minor approaching manhood is under a Pentateuchal obligation, since a man under a Pentateuchal obligation may well render fit Pentateuchal tebel, but if you maintain that he is only under a Rabbinical obligation, could a man under a Rabbinical obligation render fit Pentateuchal tebel? — No, R. Jose is of the opinion that terumah at the present time is only a Rabbinical institution. But does R. Jose hold that terumah at the present time is only Rabbinical? Was it not in fact taught in Seder Olam: 'Which thy fathers possessed and thou shalt possess it, they had a first, and a second possession but they had no need for a third one'; and R. Johanan stated, 'Who is the author of Seder Olam? R. Jose?' — R. Jose may well be its compiler but he himself does not uphold this view. This may also be supported by a process of reasoning. For it was taught: A dough that had become subject to the restrictions of terumah or became sour through a leaven of terumah,
Sefaria
Numbers 30:2 · Numbers 30:2 · Yevamot 114a · Shabbat 46b · Yevamot 29b · Yevamot 82b
Mesoret HaShas