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.

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Master of All

The Ran (Nedarim 2a) maintains if one states that he will not do something and includes the Name of Hashem, that itself is regarded as an oath. He proves this from a Gemora below (22b) which says that if one says, “By the Master of all, I will not eat it,” he is prohibited from eating it, although he did not say that he was invoking an oath.

It is evident from this Ran that the words “Master of all” is regarded as saying the Name of Hashem. If so, Reb Shlomo Zalman Auerbach asks: How would one be permitted to mention this expression (Adon Olam) in his daily speech; it should be regarded as pronouncing the Name of Hashem in vain?

The Chasam Sofer writes that this is indeed the halacha. Just as saying “The Compassionate One” in Hebrew is considered an oath, so too, if he says “Rachmana” in Aramaic, it is regarded as an oath. And just as these expressions are included in the prohibition of swearing with the Name of Hashem in vain, so too, if one uses this expression in vain, he has violated this prohibition, for both of these transgression (swearing falsely and saying Hashem’s Name in vain) are derived from the same verse. Reb Shlomo Zalman is deeply troubled by this ruling, for if so, it would be forbidden to say “Ribbono shel Olam,” or “Adon Olam,” and this is not found in the poskim.

The Netziv cites a different ruling of the Chasam Sofer: If one finds himself in a situation where he is uncertain if he should recite a certain blessing or not, he may say the following: Brich Rachmana Mara D’alma (Blessed is the Compassionate One, Master of all). This would seemingly be a contradiction to the other ruling of the Chasam Sofer. If “Master of all” is considered the Name of Hashem in regards to an oath and in respect to uttering the Name of Hashem in vain, what remedy is there by reciting this other version of the blessing; he is anyway saying the Name of Hashem? Reb Akiva Eiger rules that one is prohibited from using this other version because of this concern.

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