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9 ‎[1] 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. ‎[2] [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. 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. ‎[3] [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. 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. ‎[4] 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. ‎[5] 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. ‎[6] 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. 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]. ‎[7] 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. When a person takes a vow [not to partake of food] boiled lightly in a pot, he is only forbidden [to partake] of those foods that are boiled in a pot, e.g., groats, dumplings, and the like. If he forbade himself from partaking of anything placed in a pot, he is forbidden to partake of all food cooked in a pot. ‎[8] A person who vows [not to partake] of fish is permitted to partake of brine and a dip made with fish oil. 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. ‎[9] 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," 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. ‎[10] 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.
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. 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. ‎[11] 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, but is permitted [to partake of] fungi and mushrooms. 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. ‎[12] 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. 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.
When a person takes a vow forbidding himself from partaking of the fruits of the *kayitz*, he is forbidden only to partake of figs. ‎[13] 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." ‎[14] When a person takes a vow [not to partake of grapes], he is permitted to partake of wine, even fresh wine. [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, 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, 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. [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. ‎[15] When a person takes a vow not to wear clothing, he is permitted [to cover himself] with sackcloth, 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*, 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. ‎[16] 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. He is, however, forbidden to enter its outlying areas. ‎[17] 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. 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. ‎[18] 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. ‎[19] 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. ‎[20] 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.
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. ‎[21] 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, 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." ‎[22] 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. ‎[23] 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. [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. [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. In all these and analogous matters, the laws regarding those who take a vow and an oath are the same.
Version: Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007
Source: https://www.nli.org.il/he/books/NNL_ALEPH001020101/NLI
License: CC-BY-NC