Talmud su Deuteronomio 12:28

It was stated: “All substitute names for nazir vows are like nazir vows, and one whips because of them.” Even though Rebbi Joḥanan said, one does not whip for prohibitions⁷Nedarim 1:1, Note 36., he agrees in this case that he is whipped⁸If somebody makes a vow using unapproved language and does not keep it, he cannot be accused of transgressing a biblical prohibition. But if he refers, if only obliquely, to the biblical laws of the nazir, such an infringement is punishable by law.. Even though Rebbi Simeon said, he does not bring a sacrifice⁹In Mishnah 5:7, R. Simeon holds that for a questionable vow of nazir one cannot bring a sacrifice since the Temple does not accept questionable sacrifices., he agrees in this case that he be whipped¹⁰Since the vow is not questionable.. Even though Rebbi Jehudah said, a questionable nazir vow is permitted¹¹In Halakhah 4:6; based on Num. 6:2., he agrees in this case that he be whipped¹⁰Since the vow is not questionable.. Where do we hold? If he has the intention of becoming a nazir, even if he only said, I shall be a nazir if I mention bread, he is a nazir. Similarly, if he had no intention of becoming a nazir, even if he mentioned nazir, he is no nazir; for example if he was reading the Torah and mentioned nazir,naziq. But we hold about one who says, I declared my vow of nazir by any of these expressions. If one of them is a valid expression of a vow of nazir¹²From the list mentioned in the Mishnah., it will fall on him, otherwise, will the vow of nazir not fall on him? One tells him: keep the discipline¹³Deut. 12:28; if he had the intention of becoming a nazir, even if he did not use exactly the prescribed language. The same expression is used in the Babli, Menaḥot 81b, regarding a person who makes an irregular vow of a sacrifice..

HALAKHAH: The Mishnah follows Rebbi Meïr, since Rebbi Meïr says, one has to double one’s stipulation⁵⁷Mishnah Qiddušin 3:3. A legal stipulation must follow the example of the stipulation between Moses and the tribes of Gad and Reuben (Num. 32), which covers both the positive (if they fulfill the stipulation, they will acquire the land in Transjordan), and the negative (if they fail to fulfill the stipulation, they will be given land in Cisjordan). Since in Mishnah 4 the person declaring himself a nazir failed to state that if he could not be a nazir on his terms, he would not be a nazir, his stipulation is invalid and he is a nazir.. It follows everybody’s opinion⁵⁸The waiving of any stipulation in violation of biblical law (Note 51) does not depend on R. Meïr’s opinion.; one tells him: Watch and keep discipline⁵⁹Deut. 12:28; a poetic formulation of the principle of Note 51.. The Mishnah follows Rebbi Meïr⁶⁰As explained in Note 57. or Rebbi Jehudah ben Tema⁶¹Who holds that an impossible condition is considered nonexistent. Since a stipulation against biblical law is impossible, the condition mentioned in the first sentence of Mishnah 4 is considered nonexistent., as it was stated⁶²Tosephta Giṭṭin 5:12; Babli Giṭṭin 84a.: “This is your bill of divorce, on condition that you not fly in the air, that you not cross the Sea on your feet, that is a bill of divorce. On condition that you fly in the air, that you cross the Sea on your feet, that is no bill of divorce; Rebbi Jehudah ben Tema said, it is a bill of divorce.” Rebbi Ze‘ira said, you should realize that he seeks a subterfuge for the bill of divorce⁶³He thinks that he can doubly hurt his wife, by preventing her to remarry and not paying her ketubah, since he may claim that he is waiting for her to satisfy the stipulation. By declaring the stipulation invalid, the court will permit her to remarry and force him to pay., since he attached conditions that cannot be satisfied. What is Rebbi Jehudah ben Tema’s reason? Since he attached conditions that cannot be satisfied, it is as if the condition attached to the bill of divorce were satisfied⁶⁴In Tosephta and Babli: R. Jehudah ben Tema states as a principle that any stipulation which cannot be satisfied is only intended as a delaying tactic..