Shevuot

And the Sages say: Neither he nor his neighbour trespasses [by eating it], for there is no trespass in Konamoth.1 — Reverse it: Neither he nor his neighbour trespasses, for there is no trespass in Konamoth: this is the opinion of R. Meir. And the Sages say: He trespasses, but his neighbour does not trespass.2 If so, ‘R. Meir says: Konamoth are like oaths’, implying that Konamoth do not combine, but there is trespass in them?3 Yet R. Meir says: There is no trespass in Konamoth at all! — According to the views of the Sages he is replying: As for me, I hold there is no trespass in Konamoth at all; but as for you, admit to me at least that Konamoth are like oaths [and do not combine]. And the Sages? — [They reply:] In oaths there is the reason of R. Phinehas; in Konamoth there is not the reason of R. Phinehas.4 Raba said: — [If a man says,] ‘I swear shall not eat,’ and he ate dust, he is exempt.5 Raba inquired: [If a man says.] ‘I swear I shall not eat dust,’ what amount [must he eat to make him liable]? [Shall we say:] Since he said, ‘I shall not eat,’ his intention was a kazayith,6 or, since it is not something that people eat, [his intention was] a minute quantity? — Let it stand. 7 Raba inquired: [If a man says,] ‘I swear I shall not eat grape stones,’ what amount [must he eat to make him liable]? [Shall we say:] Since it can be eaten mixed [with the grapes], his intention was a ka-zayith, or, since, by itself, it is not eaten by people, his intention was a minute quantity?8 — Let it stand. R. Ashi inquired: If a nazirite said, ‘I swear I shall not eat grape stones,’ what amount [must he eat to make him liable]?9 [Shall we say:] Since a ka-zayith is prohibited in the Torah,10 therefore when he swears, he swears for that which is permitted, and his intention is for a minute quantity; or, since he says. ‘I shall not eat,’ his intention is a ka-zayith?11 — Come and hear: ‘I swear I shall not eat,’ and he ate carrion, trefa, forbidden animals, and reptiles, he is liable; and R. Simeon exempts him. And we asked: Why is he liable, since he stands adjured from Mount Sinai? Rab and Samuel and R. Johanan said: Because he included permitted things with the prohibited things. And Resh Lakish said: You cannot find [that he should be liable] except either, if he expressly stated half the legal quantity, in accordance with the view of the Sages, or, if his statement was undefined, in accordance with the view of R. Akiba, who holds that a man [in an undefined oath] prohibits to himself a minute quantity.12 Now, carrion, for which he stands adjured from Mount Sinai, is like grape stones to a nazirite; and yet, only if he expressly states [less than the legal quantity, is he liable],13 but if he does not expressly state this, his intention is for a ka-zayith. — It is proven. Well then, you may decide that which Raba enquired: [If a man says.] ‘I swear I shall not eat dust,’ what amount [must he eat to make him liable]? You may decide that it must be a ka-zayith; for carrion is like dust;14 and yet [he is liable] only if he expressly states [less than the legal quantity], but if he does not expressly state this, his intention is for a ka-zayith. — No! Dust is not edible at all;15 but carrion is edible, except that a lion is lying on it.16 MISHNAH. [IF A MAN SAYS,] ‘I SWEAR I SHALL NOT EAT’ AND HE ATE AND DRANK, HE IS LIABLE ONLY ONCE.17 ‘I SWEAR I SHALL NOT EAT AND I SHALL NOT DRINK,’ AND HE ATE AND DRANK, HE IS LIABLE TWICE.18 ‘I SWEAR I SHALL NOT EAT,’ AND HE ATE WHEAT BREAD, BARLEY BREAD, AND SPELT BREAD, HE IS LIABLE ONLY ONCE. ‘I SWEAR I SHALL NOT EAT WHEAT BREAD, BARLEY BREAD, AND SPELT BREAD,’ AND HE ATE, HE IS LIABLE FOR EACH ONE. ‘I SWEAR I SHALL NOT DRINK,’ AND HE DRANK MANY LIQUIDS, HE IS LIABLE ONLY ONCE. ‘I SWEAR I SHALL NOT DRINK WINE, OIL, AND HONEY,’ AND HE DRANK, HE IS LIABLE FOR EACH ONE. ‘I SWEAR I SHALL NOT EAT,’ AND HE ATE FOODS WHICH ARE NOT FIT TO BE EATEN, AND DRANK LIQUIDS WHICH ARE NOT FIT TO BE DRUNK, HE IS EXEMPT.19 ‘I SWEAR I SHALL NOT EAT,’ AND HE ATE CARRION, TREFA, FORBIDDEN ANIMALS, AND REPTILES, HE IS LIABLE.20 AND R. SIMEON EXEMPTS HIM.21 HE SAID, ‘I VOW THAT MY WIFE SHALL NOT BENEFIT FROM ME, IF I HAVE EATEN TODAY,’ AND HE HAD EATEN CARRION, TREFA, FORBIDDEN ANIMALS, OR REPTILES, HIS WIFE IS PROHIBITED TO HIM.22 GEMARA. R. Hiyya b. Abin said that Samuel said: [If a man says,] ‘I swear I shall not eat,’ and he drank, he is liable. If you will, it may be deduced by reason; and if you will, it may be deduced from Scripture. If you will, it may be deduced by reason; for a man will say to his friend, ‘Let us eat something,’ and they go in, and eat and drink.23 And if you will, it may be deduced from Scripture; drinking is included in eating, for Resh Lakish said: Whence do we know that drinking is included in eating? Because it is said: And thou shalt eat before the Lord thy God, in the place which He shall choose to cause His name to dwell there, the tithe of thy coin, of thy wine . . .24 since grape stones are not as inedible as dust (because they are eaten mixed with the grapes), a ka-zayith must be eaten for liability. that a nazirite, knowing that a ka-zayith is in any case prohibited to him, intends, when taking the oath, to prohibit himself further (i.e., even a minute quantity)? already by the Torah, his intention when swearing, must have been for a smaller quantity. minute quantity. is liable for only one punishment (stripes for wilful, and offering for unwitting transgression), for it is as if he had eaten twice in one spell of unawareness.