Tuesday, July 14, 2015

Good and bad vow-work-arounds in the Talmud

THIS WEEK'S DAF YOMI COLUMN BY ADAM KIRSCH IN TABLET: What’s Mine Is Mine and What’s Yours Is Mine, Too. Giving, taking, owning, donating, and other elements of property law, in this week’s ‘Daf Yomi.’
Reading Tractate Nedarim over the last several weeks, it has become clear that the rabbis of the Talmud walk a fine line when it comes to vows. On the one hand, they disapprove of the institution of vowing and offer many opportunities for a Jew to annul his or her vows. We saw, for instance, that a vow made in exaggerated terms, or one made in the heat of a business negotiation, can be canceled by the court. On the other hand, the rabbis do not want people to use deliberately dishonest means to get out of their own vows—for instance, by claiming that they didn’t use the words they seemed to use, but meaningless homonyms. After all, if people could get out of their vows so easily, it might have the perverse effect of making vowing more common—not to mention encouraging contempt for the law. Threading this needle—making it easy to get out of your vows, but not too easy—is an ongoing challenge for the rabbis.

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Earlier Daf Yomi columns are noted here and links.