יבמות 93:1 — Soncino English Talmud

[If a woman said to her husband]. 'Konam, I do aught for your mouth', he need not annul [her vow]. R. Akiba, however, said: He must annul it, since she might do more [work] than is due to him! Surely in connection with this it was stated: R. Huna son of R. Joshua said, [This law applies only] where she said, 'My hands shall be consecrated to Him who made them', since her hands are in existence. This differs [from the opinion] of R. Nahman b. Isaac. For R. Nahman b. Isaac stated: R. Huna [holds the same opinion] as Rab, Rab as R. Jannai, R. Jannai as R. Hiyya. R. Hiyya as Rabbi, Rabbi as R. Meir, R. Meir as R. Eliezer b. Jacob. and R. Eliezer b. Jacob as R. Akiba, who stated that a man may transfer possession of a thing that is not yet in existence. What statement is it [that records the opinion of] R. Huna? It was stated: He who sold the fruit of a date-tree to another may. said R. Huna, withdraw from the sale before they come into existence; but after they have come into existence he may no longer withdraw. R. Nahman, however, stated: He may withdraw even after they have come Into existence. Said R. Nahman: I admit, that if he had already plucked and ate them, [compensation] is not to he extracted from him. As to Rab? — [In that] which R. Huna stated in the name of Rab: If a man said to another, 'let this field which I am about to buy be yours as from now the moment I buy it', [the latter] acquires It. 'R. Jannai [is of the same opinion] as R. Hiyya'; for R. Jannai had a tenant who used to bring him a basket of fruit every Sabbath Eve. Once as it was growing dark, and [the tenant] did not come, [R. Jannai] took tithe from the fruit which [he had] at home for [the redemption of] those. When he subsequently came before R. Hiyya [the latter] said to him, 'You have acted well; for it was taught: That thou mayest learn to fear the Lord thy God always refers to Sabbaths and festivals'. Now, in 'respect of what law? If in respect of giving tithe so that one may be allowed to eat, was it necessary [it may be asked] for a Scriptural text to permit moving, [the prohibition of which is only] Rabbinical!^ᵃ^ᵇ^ᶜ^ᵈ^ᵉ^ᶠ^ᵍ^ʰ^ⁱ^ʲ^ᵏ^ˡ^ᵐ^ⁿ^ᵒ^ᵖ^ᵠ^ʳ^ˢ^ᵗ^ᵘ^ᵛ^ʷ^ˣ^ʸ^ᶻ^ᵃᵃ^ᵃᵇ^ᵃᶜ^ᵃᵈ

^ᵃnote:This is one of the expressions of a vow. V. Glos.
^ᵇnote:I.e., that her husband be forbidden to eat anything made by her or purchased from the proceeds of her work.
^ᶜnote:The husband who is empowered to annul his wife's vow. Cf. Num. XXX, 7ff.
^ᵈnote:A wife's work belongs to her husband and she has, therefore, no right to dispose of it by vow or otherwise. Her vow is consequently null and void and requires on invalidation.
^ᵉnote:A husband is entitled only to a certain amount of his wife's work (v. Keth. 64b). Any work in excess of that maximum is at the disposal of the wife who, in the opinion of R. Akiba, is entitled to forbid it to her husband by a vow, though that work has not yet been done.
^ᶠnote:Keth. 59a, 66a, Ned. 85a, Kid. 63a. V. supra note 3.
^ᵍnote:That a wife may by her vow cause her future work to be forbidden.
^ʰnote:And through them the work they will produce.
^ⁱnote:At the time she made her vow.
^ʲnote:The view presented by R. Huna, according to which R. Akiba maintains that a thing that is not yet in existence may not be legally transferred.
^ᵏnote:From whom he received it as a tradition from his master, R. Jannai. who in turn, received it from his master, R. Hiyya, and so on to R. Akiba.
^ˡnote:R. Judah I, the Patriarch or Prince, compiler of the Mishnah.
^ᵐnote:During the winter, before they blossomed.
^ⁿnote:Because, according to R. Huna, the kinyan that was arranged before they come into existence takes effect as soon as they come into existence.
^ᵒnote:In his opinion no kinyan is effective unless the object sold is actually in existence at the time of the sale.
^ᵖnote:The buyer.
^ᵠnote:B.M. 66b.
^ʳnote:Where was his view expressed?
^ˢnote:B.M. 16b; which proves that, in the opinion of Rab, one may transfer possession of a field which one does not yet possess. obviously because he holds that one may transfer possession of that which is not yet in existence.
^ᵗnote:[H] cf [G], a tenant of a field who in return for his labour receives a share of the field's produce.
^ᵘnote:Before the Sabbath commenced.
^ᵛnote:An act which In Rabbinic law it is forbidden to perform on the Sabbath.
^ʷnote:The fruit which he expected from the tenant, though at the time the tithe was taken they were still the property of the tenant (v. Tosaf. s.v. [H] a.l.) and not that of R. Jannai.
^ˣnote:Deut.XIV, 23, speaking of the levitical and priestly gifts.
^ʸnote:On which enjoyment should not be marred by failure to set apart the prescribed gifts.
^ᶻnote:Was the Scriptural warning necessary.
^ᵃᵃnote:On Sabbath or festivals.
^ᵃᵇnote:Of his produce from which tithe was not taken before the holy day set in.
^ᵃᶜnote:[H] moving the fruit before being tithed. The prohibition to set aside on holy days any of the priestly or levitical gifts is due to the Rabbinical ordinance which is in the same category as the moving from its place, on such days, of articles that are unfit for use. (Cf. Bezah 36b).
^ᵃᵈnote:Scripture, surely. could not be referring to a prohibition which was not ordained before the Rabbinical period.