Thursday, January 24, 2008

Proof Against the Rambam - Nedarim Daf 35

Rav Acha the son of Rav Avya said to Rav Ashi: If one said, “My loaf is forbidden to you,” and then he gave it to that fellow as a gift, who has committed me’ilah? The giver cannot be the one who committed me’ilah, for the loaf was never forbidden upon him. The recipient cannot be the one who committed me’ilah, for he can say, “I am only interested in acquiring permissible loaves; loaves that are forbidden to me, I do not want.”

The Ran writes that this is a refutation to the Rambam’s opinion, who holds that one who forbids another person benefit from himself and then feeds him will incur lashes because he has violated the transgression of “he shall not desecrate his word.”

The meaning of the Ra”n seems to be that if the Rambam is correct that if the vower provides the forbidden item to the other fellow, he has desecrated his word; then, the giver may be guilty of me’ilah as well! Why does our Gemora assume as an obvious point that the giver has not committed me’ilah?

The Machaneh Efraim (35) and the Lechem Mishna answer that although it might be prohibited for the vower to give the other fellow the forbidden item, but that does not mean that he has committed me’ilah. He has desecrated his word, but he is not guilty of me’ilah, for it was not regarded as hekdesh for him.

Reb Shlomo Zalman Auerbach explains that the Ran’s proof was from the language of the Gemora. The Gemora stated unequivocally that there can be no prohibition on the giver, for the loaf is not forbidden to him. It would seem from the Gemora that there is no prohibition on the giver at all! This is not correct according to the Rambam.


Rambam proof said...


>> who has committed me’ilah?

Why is that a Me'ilah? Was the louf Kodashim? If yes, how can he give it to a friend as a gift?

Avromi said...

The Gemora there is discussing if there is the principle of me'ilah with respect to a konam - a vow, for since a konam refers to a korban, it is regarded as if it would be hekdesh, and there would be me'ilah besides the desecration of his vow.