- Distinctions in נדר שהותר מקצתו
The Mishnah makes several distinctions about the principle of נדר שהותר מקצתו הותר כולו – that a neder which is partially nullified is nullified entirely:
1. If one said to a group of people: “Konam I will not benefit from any of you,” and the neder is nullified regarding one of them (e.g., if one is discovered to be a relative), they are all permitted. The Gemara on Daf 25-26 discusses if this applies only when he indicates that the entire formula of the neder was made in error.
2. If he said: שאיני נהנה לזה ולזה – “Konam that I will not benefit from this one or this one,” which the Gemara on Daf 25 explains to mean that he made each neder successively dependent on the one before it, then if the first person becomes permitted through nullification, all of them are permitted, but if the last person becomes permitted, the others remain forbidden.
3. If he said שאני נהנה לזה קרבן ולזה קרבן – “What I benefit from this person is like a korban, and from this person is like a korban,” צריכין פתח לכל אחד ואחד – we require an opening for each one of them, because by saying “like a korban” regarding each person, they are independent nedarim and require their own heter. The Gemara notes that the din that only a separate mentioning of “like a korban” makes the nedarim independent, reflects the opinion of Rebbe Shimon, but other Tannaim disagree.
- Neder based on a woman’s deficiencies which were later resolved
The Mishnah teaches: If one made a neder not to marry a particular ugly woman, and in truth she is not, the neder is invalid. The Mishnah explains this is because the neder was made in error, and not because she subsequently became beautiful. That would be a case of nolad and would not invalidate the neder. However, the Mishnah reports an incident with Rebbe Yishmael to the contrary, and the Gemara explains that he disagrees and allows such a heter: A man vowed benefit from his niece because of her appearance (the Gemara explains she was missing a tooth), and after Rebbe Yishmael beautified her (by providing her a false tooth of gold), he presented her to her uncle and said: בני מזו נדרת – “My son, is it from this one you vowed?!” The man said no, and Rebbe Yishmael permitted the neder. He then wept and said: בנות ישראל נאות הן, אלא שהעניות מנוולתן – ”Bnos Yisroel are beautiful, but poverty makes them homely.” The Mishnah concludes with the lament raised by women upon Rebbe Yishmael’s passing.
- Tannaim subjected to dishonor for the sake of a marriage
A man once forbade his wife from benefiting from him until she gave a taste of her food to Rebbe Yehudah and Rebbe Shimon. Despite the indignity, Rebbe Yehudah tasted it, saying: קל וחומר, ומה לעשות שלום בין איש לאשתו אמרה תורה – It is a kal vachomer. If to make peace between a man and his wife, the Torah said: שמי שנכתב בקדושה ימחה על המים המאררים בספק- “My Name which was written in holiness should be erased into the afflictive waters given to the sotah, even where it is uncertain if it will save the marriage,” ואני על אחת כמה וכמה – then I, all the more so should subject myself to this dishonor to save their marriage! Rebbe Shimon did not taste it, saying: ימותו כל בני אלמנה ואל יזוז שמעון ממקומו – Let all the children of the widow die, and let Shimon not move from his place! [The Ran explains that he cursed the man that he should die, making his wife a widow, and that his children should also die] ועוד, כי היכי דלא לתרגלי למינדר – Furthermore, so that he should not get used to vowing.
