Gemara Clarity

Nedarim 27b

נדרים כ״ז ע״ב

Learn Nedarim 27b step by step: Aramaic beside English, every question, answer and proof colour-coded.

Open Nedarim 27b in Gemara Clarity

Topic

אונס and אסמכתא in conditions (the ferry case, רב הונא's case, and the final הלכה), and the opening of the משנה about false vows made to dangerous people

Overview

This amud finishes a discussion about conditions that a person fails to meet because of אונס, circumstances beyond his control. First the גמרא explains that a גט given 'if I die' works, because the husband wanted it to work even in the case of death. Then it challenges רבא from שמואל's ruling about a man stopped by a ferry, whose גט still took effect. It answers that a foreseeable obstacle like a ferry is different, because he should have planned for it. Next the גמרא asks how רב הונא's ruling can work, since it looks like an אסמכתא, a promise made without full intent. Deposited documents alone are not enough, as a משנה in בבא בתרא shows. What makes רב הונא's case binding is that the man said outright that his rights should be cancelled. The הלכה is that an אסמכתא works, as long as he was not held back by אונס and the קנין was made in an important בית דין. Finally a new משנה begins: one may make a false vow to murderers, robbers, or tax collectors to protect himself, and בית שמאי start their view, which continues on the next amud.

Opening lines

דְּאִי הֲוָה יָדַע דְּמִית,

For if he had known that he would die,

מִן לְאַלְתַּר הֲוָה גָּמַר וְיָהֵיב גִּיטָּא.

he would have immediately finalized it and given the bill of divorce.

מַאי שְׁנָא מֵהָהוּא דַּאֲמַר לְהוּ:

What is different from that man who said to them:

אִי לָא אָתֵינָא מִכָּאן

If I do not come back from now

The steps (10)

  1. ResolutionHe would have given the divorce right away
  2. ChallengeThe man who was stopped by the ferry
  3. ResolutionAn obvious, expected obstacle is different
  4. ChallengeIsn't רב הונא's case an empty promise?
  5. ResolutionHis documents were deposited in court
  6. ChallengeA held document is still an אסמכתא in the משנה
  7. ResolutionHere he openly said his rights should be cancelled
  8. ConclusionFinal ruling: an אסמכתא works, with two conditions
  9. StatementYou may make a false vow to protect yourself from dangerous people
  10. Statementבית שמאי begin their view on what kind of vow may be used