תּלמוד אויף בראשית 9:3

MISHNAH: The following vows are permitted¹Even though they sound like vows, they are not vows.: Profane I would eat with you²Since he vows to eat what is permitted, there is nothing to it.; like pork³As the Halakhah explains, a vow must refer to something which can be a sacrifice. Since swine cannot be sacrificial animals, if he says “what I would eat from you is like pork”, there is no vow and no legal consequence. If he would say, a qônām that what I would eat from you is like pork, he would be forbidden since he referred to the sacrifice., like idolatry, like carcasses⁴Forbidden food, Deut. 14:21., like meat from a torn animal⁵Forbidden food, Ex. 22:30., like abominations⁶Forbidden food, Lev. 11:29 ff., like crawling things⁷Forbidden food, anything not on the list of permitted animals. These are explicitly permitted to Gentiles, Gen. 9:3., like Aaron’s ḥallah and his heave⁸Heave and ḥallah, the heave from dough, are holy. Sacrifices can only be brought from sources that are profane before dedication. Therefore, heave and ḥallah cannot become sacrifices. As long as the person making the vow does not mention qorbān or any of its substitutes, there is no vow., are permitted. One who says to his wife, you are for me like my mother⁹He says that sexual relations with his wife should be forbidden as they are with his mother. Since his mother cannot be a sacrifice, there is no vow but the rabbi is not permitted to tell him this but must find another reason (e. g., do you realize how much money a divorce would cost you?) to find a cause to annul the vow because people should be made uncomfortable vowing. If the vow is not dissolved within one week, the wife can ask the court to force a divorce; the husband being the guilty party (Mishnah Ketubot 5:6). (Cf. Qor‘an 58:2.), one finds for him an opening from another place that he should not be flippant about this. A qônām that I shall not sleep, that I shall not speak, that I shall not walk, or one who says to his wife, a qônām that I shall not sleep with you, he is under the obligation¹⁰Num. 30:3. As long as qorbān or one of its substitutes is not mentioned, sleeping, speaking, and walking are all immaterial and there really is no vow. But since there was intent to make a vow, the verse may be applied (at least by rabbinic standards). “he shall not profanate his word.” An oath that I shall not sleep, that I shall not speak, that I shall not walk, he is forbidden¹¹Since an oath does not depend on any material substrate (Chapter 1, Note 4)..

MISHNAH: Also he⁴⁵The person who made a vow that the other shall have no profit from him. Heave and tithes diminish the farmer’s wealth; they do not increase it. can separate his heave and tithes with the other’s knowledge, and can bring for him nests for males or females suffering from genital discharges²³“Nest” is the technical term for a couple of birds from the pigeon family, prescribed sacrifice for the person healed from genital discharge before he could enter the Temple. For a male, Lev. 15:14. For a female, Lev. 15:29., nests for childbirth²⁴Due before the mother could enter the Temple, Lev. 12:8, for the wife of a man who could not afford a sheep, Lev. 12:6., purification and reparation offerings²⁵Lev. 4:27–5:26. These sacrifices are in part burned on the altar, in part eaten by the priests; nothing is given to the offerer and his family, in contrast to well-being offerings. and teach him interpretations⁴⁶Rabbinic interpretations of biblical verses, of the kind preserved in the Mekhiltot, Sifra, and Sifry., religious rules, and sermons⁴⁷As the Halakhah explains, in imitation of Moses who taught the Children of Israel without taking money, one may not take money for teaching the Oral Law. (In rabbinic practice, one may take money for teaching during regular business hours to make up for the loss incurred by not being in business at that time.); but he may not teach him Bible; he may teach Bible to his sons and daughters⁴⁸Since Moses wrote the Torah only at the end of his life, he never taught it. Therefore, one may take money to teach to read, sing, and understand the biblical text. This anonymous Mishnah proves that practice should not follow R. Eliezer in Mishnah Soṭah 3:4, Note 85.. Also, he can feed his wife and children⁴⁹If they are needy, since charity is a universal obligation. even though the other is obligated for their upkeep. But he cannot feed his animals⁵⁰Since this would increase the animal’s worth; i. e., the other man’s property., whether pure or impure; Rebbi Eliezer says, he may feed his impure⁵¹Those which cannot be eaten. animals but not the pure ones. They asked him, what is the difference between pure and impure animals? He said to them, the pure animal’s soul is Heaven’s but its body is his⁵²As food., but the impure’s soul and body is Heaven’s. They said to him, also the impure animal’s soul is Heaven’s but its body is his, since he could sell it to Gentiles⁵³Who may eat any kind of animal; Gen. 9:3. or feed it to the dogs.

⁴⁷⁶Babli Zevaḥim115b, Tosefta Zevaḥim 13:1.“Everything is brought on an altar⁴⁷⁷A private altar when it is legitimate. The detailed rules of sacrifices spelled out in Lev. are valid only for places of public worship., domestic and wild animals⁴⁷⁸On a public altar only cattle, sheep and goats are permitted., large and small birds⁴⁷⁹On a public altar only pigeons and turtle doves are permitted., male and female⁴⁸⁰By the rules of Lev. 1:3,10, an elevation sacrifice can only be a male animal., whole [but not] (and)⁴⁸¹Clearly the text of the [corrector] is the only acceptable one. defective, pure⁴⁸²Kosher animals and birds, Lev. 11. but not impure. All are brought as elevation sacrifice and do not need stripping and partitioning⁴⁸³In the Babylonian sources (Note 476): they need stripping (remove the hide) and partitioning.. Gentiles today are permitted to do this.” From where male and female? Rebbi Abbahu in the name of Rebbi Yose bar Ḥanina: and the cows they offered as elevation offering to the Eternal.⁴⁸⁴1S. 6:14, referring to the cows which drew the cart on which the Philistines returned the Ark to Bet Shemesh. Since the place at Shilo was inactive without the Ark in the Tabernacle, it was a time when private altars were permitted. From where whole [but not] (and)⁴⁸¹Clearly the text of the [corrector] is the only acceptable one. defective? Rebbi Yasa said, Rebbi Eleazar made it clear to the colleagues, from all living, from integer flesh⁴⁸⁵Gen. 6:19. The animal must be complete from the outside. It does not need inspection of its internal organs as required for kosher consumption of the meat or as sacrifice on a public altar. Babli Zevaḥim 116a., that they should be complete in their limbs. Plucked? Rebbi Eleazar made it clear, any bird, any wing⁴⁸⁶Gen. 7:14. If the feathers are removed, the bird has no more wings., to exclude plucked ones. From where pure but not impure? Rebbi Abba the son of Rebbi Pappai, Rebbi Joshua from Sikhnin in the name of Rebbi Levi: Noah pondered a lesson from the Torah. He said, it already was said to me, like vegetables from the field I gave you everything⁴⁸⁷Gen.9:3. While Adam was created as a vegetarian (Gen. 1:29), Noah was told to be an omnivore.. Why did Scripture increase the pure ones? For sacrifices. And Gentiles today are permitted to do this. Rebbi Abba in the name of Rav Jehudah, it is forbidden to a Jew to help him and it is forbidden to become his agent⁴⁸⁸Since private altars were forbidden after the building of the Temple, Jews cannot be involved in any way in building or serving such an altar. Babli Zevaḥim 116b..