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Nedarim Chapter 7, Mishnah 4: Vows from a House versus an Attic

Chavrusa Learning
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Before us is Mishnah 4 in Chapter 7 of Tractate Nedarim, which deals with the scope of a vow: when a person forbids himself the "house," is the upper story also included in the prohibition, and what is the ruling for one who vows against the upper story?

The text of the Mishnah:

"Hanoder min habayis - mutar ba'aliyah, divrei Rabbi Meir. VaChachamim omrim: aliyah bichlal habayis." - One who vows against benefit from the house is permitted the upper story; these are the words of Rabbi Meir. And the Sages say: the upper story is included in the house.

Here we have a dispute about how to define the language used by the one who vows:

  • Rabbi Meir: One who vows against the house is permitted the upper story, since the upper story is not considered part of the house.

  • And the Sages say: "Aliyah bichlal habayis" - the upper story is included in the house; one who vows against the house intended to include the upper story in his vow along with it.

"Hanoder min ha'aliyah - mutar babayis" - one who vows against the upper story is permitted the house:

In this ruling all agree: once the one vowing specified "upper story," he forbade himself only benefit from the upper story, while benefit from the house remains permitted to him, since the house is not included in the upper story.

In summary: Regarding one who vows against the house, Rabbi Meir and the Sages disagree - according to Rabbi Meir the upper story is not included in the house and is permitted, while according to the Sages the upper story is included in the house and is forbidden along with it. But regarding one who vows against the upper story, all agree that the house is permitted to him, since he specified and forbade the upper story alone.