הלכות נדרים

With regard to vows, we follow the intent of the words people use at that place, in that language, and at that time when the vow or oath was taken.
What is implied? A person took a vow or an oath not [to partake of] cooked food. If it was customary in that place in that language and at that time to call roasted meat and boiled meat also cooked food, he is forbidden to partake of all types of cooked food. If they were accustomed to use the term cooked food only to refer to meat cooked with water and spices, he is permitted [to partake of] roasted meat or boiled meat. Similarly, with regard to smoked food or food cooked in the hot springs of Tiberias. We follow the terminology used by the people of that city.

[The following rules apply if a person] took a vow or an oath not to partake of salted foods. If it is customary to call all salted foods "salted food," he is forbidden to partake of all of them. 6:2), the Rambam relies on the principle that the determinant factor in values is the meaning attached to the terms used by people at that time and in that place. The Shulchan Aruch (Yoreh De'ah 217:3) follows the Rambam's approach. If it is customary to use the term "salted food" to refer only to salted fish, he is only forbidden to partake of salted fish.

[The following rules apply if a person] took a vow or an oath not to partake of pickled foods. If it is customary to call all pickled foods "pickled food," he is forbidden to partake of all of them. 6:2), the Rambam relies on the principle that the determinant factor in values is the meaning attached to the terms used by people at that time and in that place. The Shulchan Aruch (Yoreh De'ah 217:3) follows the Rambam's approach. If it is customary to use the term "pickled food" to refer only to pickled vegetables, he is only forbidden to partake of pickled vegetables. Similar laws apply in all analogous situations.

If some of the people would refer to food with one term and others would not use that term, we do not follow [the practice of] the majority. Instead, it is considered an unresolved question with regard to his vow. And whenever there is an unresolved question with regard to a vow, we rule stringently. If one violates the vow, however, he is not liable for lashes.

What is implied? A person takes a vow [not to partake] of oil in a place where both olive oil and sesame seed oil are used. When most people from that place use the term "oil" without any modifier, they mean olive oil. When they refer to sesame seed oil, they call it "sesame seed oil." A minority of the populace, however, also refer to sesame seed oil with the term "oil" without a modifier. [Hence,] he is forbidden to partake of both of them, but is not liable for lashes for [partaking of] sesame seed oil. Similar laws apply in all analogous situations.

Whenever an agent in a given locale would have to question [the principal if that was his intent], it is considered in the category of the substance that was mentioned to the agent when [the term is mentioned] without a modifier.
What is implied? In a place where if a person would send an agent to buy meat without using a modifier to describe the term, the agent would tell him: "I found only fish [being sold]," [a person who took a vow not to partake of meat] is forbidden to partake of fish as well. Similar laws apply in all analogous situations.
In all places, a person who takes a vow [not to partake] of meat is forbidden to partake of fowl and of the entrails, but is permitted to partake of grasshoppers. 217:8) goes further and states that even fowl is not usually implied by the term "meat." If it appears that at the time he took the vow, his intent was only to forbid meat from an animal - or meat from an animal and fowl - he is permitted [to partake] of fish even in a place where an agent would question [if fish would be considered as meat]. 54a). In his Commentary to the Mishnah (Chullin 8:1), the Rambam explains this difficulty, stating that the meanings of terms used today are different than the meanings used for the same terms in the Talmudic period.

When a person takes a vow against partaking of cooked food, he is permitted to partake of an egg that has not been cooked until it hardens, but has merely been soft-boiled. 6:1). When a person takes a vow [not to partake of food] boiled lightly in a pot, (Yoreh De'ah 217)]. he is only forbidden [to partake] of those foods that are boiled in a pot, e.g., groats, dumplings, and the like.). See also Hilchot Berachot 3:4 which discusses these terms. If he forbade himself from partaking of anything placed in a pot, he is forbidden to partake of all food cooked in a pot.

A person who vows [not to partake] of fish is permitted to partake of brine and a dip made with fish oil. 6:3). A person who vows [not to partake] of milk is permitted to partake of the whey, i.e., the liquid that is separated from the milk. If he vows [not to partake] of whey, he is permitted to partake of milk. If he vows [not to partake] of cheese, he is forbidden to partake of both salted cheese and unsalted cheese.

A person who vows not to partake of grains of wheat is forbidden to partake of wheat kernels whether they are fresh or cooked. If he says: "Neither wheat, nor grains of wheat will I taste," is plural, implying many kernels of grain. Chitah is singular, referring not to a single kernel, but rather to a single entity made from wheat flour (Rabbenu Nissim, as cited by the Kessef Mishneh). he is forbidden to partake of either flour or bread. "I will not taste wheat," he is forbidden to partake of baked goods, but permitted to chew kernels of wheat. If he states: "I will not partake of grains of wheat," he is permitted to partake of baked goods, but forbidden to chew kernels of wheat. If he says: "Neither wheat, nor grains of wheat will I taste," he is forbidden to partake of baked goods, nor may he chew kernels of wheat. When a person takes a vow forbidding himself from partaking of grain, he is forbidden only [to partake of] the five species.

When a person takes a vow [not to partake of] green vegetables, he is permitted to partake of squash. If he takes a vow [not to partake of] leek, he is permitted to partake of the poret. 5:7), he uses the same Arabic term to define the two species but explains that the latter is more commonly grown in Eretz Yisrael.
If a person takes a vow [not to partake of] cabbage, he is forbidden to partake of the water cooked with cabbage, for the water in which food is cooked is considered as the food itself. 39a; Hilchot Berachot 8:4). In his Commentary to the Mishnah (Nedarim 5:8), the Rambam maintains that this is the meaning of the first clause of that mishnah. Rashi and others, while accepting this principle, interpret that clause differently. If, however, he vowed not to partake of the water in which a food is cooked, he may partake of the cooked food itself.
A person who takes a vow [not to partake of] sauce is permitted [to partake of] the spices. [One who takes a vow not to partake] of the spices is permitted [to partake of] the sauce. One who takes a vow [not to partake of] groats). is forbidden [to partake of] the thick sauce produced by the groats.

A person who takes a vow [not to partake of] the produce of the earth is forbidden to partake of all the produce of the earth, (Yoreh De'ah 217:23)]. but is permitted [to partake of] fungi and mushrooms. 55b; Hilchot Ma'aser Sheni 7:4). If he says: "Everything that grows upon the earth is [forbidden] to me," he is forbidden to partake of even fungi and mushrooms. [The rationale is that] although they do not derive their nurture from the earth, they grow upon the earth.

When a person takes a vow forbidding himself from partaking of the produce of a particular year, he is forbidden to partake of all the produce of that year. He is, however, permitted to partake of kid-goats, lambs, milk, eggs, and, chicks. can also be interpreted as: "benefit accruing from." Thus these entities could be included in the term. Nevertheless, since this is not the popular usage, they are not included. If, however, he said: "All of the products of a given year are [forbidden] to me," he is forbidden to partake of all of them. 217:31 explains that this applies only when it is possible for a person to abide by this prohibition. If, however, the vow prevents him from eating enough to maintain his wellbeing, it is nullified.
When a person takes a vow forbidding himself from partaking of the fruits of the kayitz, he is forbidden only to partake of figs. has a specific meaning "fruit harvested by hand," rather than cut from the tree with a knife. Therefore, it refers to the fig harvest alone (Nedarim 61b).

In all of the above - and in analogous instances - follow this general principle: With regard to vows, we follow the intent of the words people use at that place, in that language, and at that time when the vow or oath was taken. Based on this principle, one should rule and say: "The person who took the vow is forbidden [to benefit from] these entities and permitted [to benefit from] these entities."

When a person takes a vow [not to partake of grapes], he is permitted to partake of wine, even fresh wine. 216:27). This principle is reflected in all the rulings of this halachah: As long as an entity has a different name, even if its flavor is the same as another entity and even their substance is fundamentally the same, they are considered as different entities with regard to vows. [If he takes a vow not to partake] of olives, he is permitted to partake of oil. [If he takes a vow not to partake] of dates, he is permitted to partake of date-honey. [If he takes a vow not to partake] of grapes that blossom in the fall, 6:6) explains that these grapes are not fit to be eaten and instead, are used to produce vinegar. he is permitted to partake of vinegar that is produced from them.
If he takes a vow not to partake] of wine, he is permitted to partake of apple wine. [If he takes a vow not to partake] of oil, he is permitted to partake of sesame seed oil. [If he takes a vow not to partake] of honey, 217:22). he is permitted to partake of date honey. [If he takes a vow not to partake] of vinegar, he is permitted to partake of vinegar produced from grapes that blossom in the fall. [If he takes a vow not to partake] of vegetables, he is permitted to partake of vegetables that grow on their own. 217:15 states that in the present age, people do not make such a distinction when referring to these vegetables. [The rationale for all of these rulings is] that [the names of] all these substances have a modifier and [when] the person took the vow, he referred to the substance without a modifier. Similar laws apply in all analogous situations.

When a person takes a vow not to wear clothing, he is permitted [to cover himself] with sackcloth, 7:3). a coarsely woven thick fabric, a thick sheet used as a rainshield.
[When a person takes a vow not to enter] a house, he is forbidden to enter its loft. For the loft is part of the house. [If he] takes a vow [not to enter] a loft, he is permitted [to enter] the home.
[When a person takes a vow not to] use a dargeish, 7:4). he is permitted [to use] a bed. [If he takes a vow not to use] a bed, he is forbidden to use a dargeish, because it is like a small bed.

When a person takes a vow not to enter a particular house, he is forbidden to enter from the doorframe onward. When one takes a vow not to enter a particular city, he is permitted to enter its Sabbath limits. 27:1-2.
In other contexts, this area - and indeed, even further removed places - are considered as part of a city. With regard to vows, this is not the case, for we follow the terminology people commonly used (Siftei Cohen 217:35). He is, however, forbidden to enter its outlying areas. 28:1; the Rambam's Commentary to the Mishnah, Nedarim, loc. cit.).
Nedarim 56b derives these concepts from the exegesis of Biblical verses. Joshua 5:13 states: "And while Joshua was in Jericho" and describes an event that took place while the Jews were camp on the outer reaches of the city. And when speaking about measuring the area 2000 cubits around a city, Numbers 35:5 speaks of measuring "outside the city."

When a person takes a vow not to benefit from the residents of a city and a person comes and lives there for twelve months, it is forbidden for the person who took the vow to benefit from him. 6:5 which states that a person who lives in a city for twelve months becomes obligated to pay all the city's levies. If he stays for a lesser time, it is permitted.
If he takes a vow from those who dwell in a city, he is forbidden to benefit from anyone who dwells there for 30 days. He is permitted to benefit from one who dwells there for a lesser period. 217:32) and the Siftei Cohen 217:37 who emphasizes that if the common terminology used at present is different, the laws are dependent on the current usages.

When a person takes a vow [not to benefit] from the water that flows from this-and-this spring, he is forbidden [to benefit] from all the rivers that derive nurture from it. Needless to say, this refers to those that flow directly from it. Although the name [of the body of water] has changed and it is now called "the So-and-So River" or "the So-and-So well," and we do not associate it at all with the name of the spring concerning which a vow was taken, since it is the source for these bodies of water, he is forbidden to benefit from all of them. If, however, a person takes a vow [not to benefit] from this-and-this river or spring, he is only forbidden [to benefit] from those rivers called by that name.

When a person takes a vow not [to benefit] from sea-farers, he is permitted [to benefit] from those who dwell on the land. When he takes a vow not [to benefit] from those who dwell on the land, he is forbidden [to benefit] from sea-farers even though they set out to the Mediterranean Sea. For sea-farers are considered as among those who dwell on land.
When he takes a vow not [to benefit] from those who see the sun, he is forbidden to benefit from the blind. For his intent was those who are seen by the sun. If he takes a vow not [to benefit] from those who are dark-haired, he is forbidden to benefit from men who are bald and grey-haired and permitted to benefit from women and children.). If it customary to refer to all people as dark-haired, he is forbidden to benefit from everyone.

When a person takes a vow not [to benefit] from those who rest on the Sabbath, he is forbidden [to benefit] from Jews and Samaritans. One who takes a vow not [to benefit] from those who make pilgrimages to Jerusalem is forbidden to benefit from the Jews and permitted to benefit from Samaritans. For his intent was to include only those for whom it is a mitzvah to make a pilgrimage to Jerusalem. 3:8), the Rambam explains that the Samaritans despise Jerusalem and make their pilgrimages to Mount Gerizim instead. The Merkevat HaMishnah explains that since the Samaritans are converts, they do not have a right to a portion in Eretz Yisrael. Hence they are not obligated to ascend to Jerusalem for the pilgrimage festivals (see Hilchot Ma'aser Sheni 11:15).
When one takes a vow not [to benefit] from the descendants of Noah, he is permitted to benefit from the Jews. For the term "descendants of Noah" is used only to refer to members of other nations.

When a person takes a vow not [to benefit] from the descendants of Abraham, he is permitted [to benefit] from the descendants of Yishmael and the descendants of Esau. He is forbidden to benefit only from the Jews, (Yoreh De'ah 217:40) states that this includes converts. as [indicated by Genesis 21:12]: "Through Isaac, your offspring will be called." And Isaac told Jacob [ibid. 28:4]: "And I will give you the blessing of Abraham." 3:11), the Rambam adds another point. In the covenant God made with Abraham bein habetarim, he was told that his descendants would be "strangers in a foreign land" and only Jacob's descendants - not those of Esau or Yishmael - were subjected to this decree.

When a person takes a vow not [to benefit] from uncircumcised individuals, he is forbidden [to benefit] from circumcised gentiles, but is permitted [to benefit] from uncircumcised Jews. If he takes a vow not [to benefit] from circumcised individuals, he is forbidden [to benefit] from uncircumcised Jews, but is permitted [to benefit] from circumcised gentiles.
[The rationale is that] the foreskin is identified with the gentiles, as [Jeremiah 9:25] states: "For all the gentiles are uncircumcised. His intent is only to refer to those who are commanded concerning the circumcision and not to those who were not commanded concerning it.

When a person takes a vow not [to benefit] from the Jewish people, he is forbidden [to benefit] from converts. [When a person takes a vow not to benefit] from converts, he is permitted [to benefit] from natural born Jews. When he takes a vow [not to benefit] from Israelites, he is forbidden [to benefit] from priests and Levites. 66a states: "Are not the priests part of Your nation Israel?" [When he vows not to benefit] from the priests and the Levites, he is permitted to benefit from an Israelite. [When he vows not to benefit] from the priests, he is permitted to benefit from the Levites.), we follow the wording used by people at large (Radbaz). [When he vows not to benefit] from the Levites, he is permitted to benefit from the priests. [When he vows not to benefit] from his sons, he is permitted to benefit from his grandchildren. 62b states that grandchildren are considered as children, that is not the meaning employed by people at large (Radbaz). In all these and analogous matters, the laws regarding those who take a vow and an oath are the same.