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Mishnah Nedarim

Mishnah

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Chapter 11

1 And these are the vows which he can annul: vows which involve self-denial. For instance: “If I bathe” or “If I do not bathe,” “If I adorn myself,” or, “If I do not adorn myself.” Rabbi Yose says: these are not vows of self-denial.

2 But these are vows of self-denial: If she says, “Konam be the produce of the whole world to me,” he can annul. “Konam be the produce of this region to me,” he should bring her produce from a different region. “Konam be the produce of this shopkeeper to me,” he cannot annul. But if he can obtain his food only from him, he can annul, the words of Rabbi Yose.

3 If she vows, “Konam, any benefit I receive from other people,” he cannot annul, and she can benefit from gleanings, forgotten sheaves, and the corners of the field. If one says, “Konam be the benefit which priests and Levites have from me,” they can take from him against his will. But if he vows, “Konam be the benefit these priests and Levites have from me,” other priests and Levites should take.

4 If she vows, “Konam that which I do for my father,” or “your father,” or “my brother,” or “your brother,” the husband cannot annul it. “Konam that which I do for you,” he does not need to annul it. Rabbi Akiva says: he should annul it, in case she produces more than he is entitled to. Rabbi Yohanan ben Nuri said: he should annul it, in case he divorces her and she then becomes forbidden to him.

5 If his wife vowed, and he thought that his daughter had vowed, or if his daughter vowed and he thought that his wife had vowed. If she took the vow of a nazirite, and he thought that she had vowed by a korban, or if she vowed by a korban, and he thought that she vowed a nazirite vow. If she vowed to abstain from figs, and he thought that she vowed to abstain from grapes, or if she vowed to abstain from grapes and he thought that she vowed from figs, he must annul the vow again.

6 If she vows, “Konam these figs and grapes which I taste,” and he the husband confirms the vow with regard to figs, the whole vow is confirmed. If he annuls it with regard to figs, it is not annulled, unless he annuls with regard to grapes too. If she vows, “Konam the figs that I taste and these grapes that I taste,” they are two distinct vows.

7 If the husband declares, “I knew that there were vows, but I did not know that they could be annulled,” he may annul them now. But if he says: “I knew that I could annul them, but I did not know that this was a vow,” Rabbi Meir says: he cannot annul it, But the Sages say: he can annul.

8 If a man is under a vow that his son-in-law must not benefit from him, and he wants to give money to his daughter, he must say to her, “This money is given to you as a gift, provided that your husband has no rights over it, and it is only given to you so that you may put it to your personal use.”

9 “But every vow of a widow and of a divorcee... will be binding on her.Numbers 30:9”How is this so? If she said, “I will be a nazirite after thirty days,” even if she married within the thirty days, he cannot annul it. If she vows while in her husband’s domain, he can annul the vow for her. How is this so? If she said, “I will be a nazirite after thirty days,” and her husband annulled it, even though she was widowed or divorced within the thirty days, it is annulled. If she vowed on one day, and he divorced her on the same day and took her back on the same day, he cannot annul it. This is the general rule: once she has gone into her own domain even for a single hour, he cannot annul.

10 There are nine young girls whose vows stand: a girl who reached adulthood who is like an orphan, a young girl who vowed and then reached adulthood who is like an orphan, a young girl who has not yet reached adulthood, who is like an orphan, a girl who reached adulthood and whose father died, a young girl who vowed and then reached adulthood and whose father died, a young girl who has not yet reached adulthood and whose father died, a young girl whose father died, and after her father died she became of adulthood, a girl who has reached adulthood whose father is alive, a young girl who has reached adulthood and whose father is alive. Rabbi Judah says: also one who married off his daughter while a minor, and she was widowed or divorced and returned to him her father and is still a young girl.

11 If she vows, “Konam the benefit that I derive from my father or from your father if I make anything for you,” Or, “Konam the benefit that I derive from you, if I make anything for my father or your father,” he can annul.

12 At first they would say that three women must be divorced and receive their ketubah: A woman who says: “I am defiled to you,” “Heaven is between me and you,” “I have been removed from the Jews.” But subsequently they changed the ruling to prevent her from desiring another man and making herself unacceptable to her husband:⁠ A woman who said, “I am defiled to you” must bring proof. “Heaven is between me and you” they should try to reconcile the couple by a request. “I have been removed from the Jews” he the husband must annul his portion, and she may have relations with him, and she will be removed from other Jews.

Texts in conversation

Compare Matthew 5:32 and Mishnah Nedarim 11:12

New Testament · Rabbinic

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Summary

In Matthew 5, Jesus restricts divorce and connects it with adultery. Rabbinic tradition in tractate Nedarim also limits when a marriage can end, placing his strict interpretation within a wider Jewish debate about divorce.

Passages

Matthew 5:32

New Testament
30 If your right hand causes you to sin, cut it off and throw it away! It is better to lose one of your members than to have your whole body go into hell.31 “It was said, ‘Whoever divorces his wife must give her a legal document.’ 32 But I say to you that everyone who divorces his wife, except for immorality, makes her commit adultery, and whoever marries a divorced woman commits adultery.33 “Again, you have heard that it was said to an older generation, ‘Do not break an oath, but fulfill your vows to the Lord.’ 34 But I say to you, do not take oaths at all—not by heaven, because it is the throne of God,

Mishnah Nedarim 11:12

Rabbinic · Mishnah
12 At first they would say that three women must be divorced and receive their ketubah: A woman who says: “I am defiled to you,” “Heaven is between me and you,” “I have been removed from the Jews.” But subsequently they changed the ruling to prevent her from desiring another man and making herself unacceptable to her husband: A woman who said, “I am defiled to you” must bring proof. “Heaven is between me and you” they should try to reconcile the couple by a request. “I have been removed from the Jews” he the husband must annul his portion, and she may have relations with him, and she will be removed from other Jews.

References

"... Unchastity (Greek “porneia”; see Matthew 19:3–9; compare Mark 10:2–12; Luke 16:18; 1 Corinthians 7:11–13), encompasses more than adultery, e.g., marriages viewed by Leviticus (18:6–18) as incestuous. Jesus’ sexual ethics are stricter than found in most other branches of early Judaism, but see 11QTemple 57.17–19; Damascus Document 4.12–5.14; Mishnah Nedarim 11:12; b. Sanhedrin 22a. ..."
Amy-Jill Levine and Marc Zvi Brettler, eds., The Jewish Annotated New Testament (New York: Oxford University Press, 2011), 12.

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Matthew 5:32 and Mishnah Nedarim 11:12

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