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1) EXPLAINING THE MISHNAH (Cont.)

(a) Alternate answer (Ravina): It means that all these things are permitted like Chullin; otherwise we would have though that they need She'elah (requesting release).
(b) Question: We would not have thought that She'elah is required, because we see that only the last case of the Mishnah is specified as requiring She'elah!?
(c) Answer: It must therefore be that Chullin is stated for nothing.
(d) Question: How do we know that Nedarim cannot be made with the things in the Mishnah?
(e) Answer: The Passuk says Yidor Neder, which means that he must use something that is prohibited by Neder, not which is innately prohibited.
(f) Question: We should use the phrase Le'esor Isar to include that which is innately prohibited?
(g) Answer: That is used in the Beraisa which examines the prototype Issur (see 12a).

(a) The Mishnah said that if someone prohibits his wife "as my mother," we permit it via some means etc.
(b) Question: We find that if a person prohibits his wife like the flesh of his mother or sister, like Orlah, or Kilayim, it is not effective!?
(c) Answer (Abayey): It is not effective D'Oraisa, but it still needs a release D'Rabbanan.
(d) Answer (Rava): If a Talmid Chacham said it, it does not take effect (but if an Am Ha'aretz said it, he must request release so as not to take it lightly.)

1. Similarly, we find in a Beraisa that a blanket permission refers to a Talmid Chacham:

i. If one makes a Neder by the Torah, it does not take effect.
ii. (R. Yochanan) One must request release from a Chacham.
iii. (R. Nachman) A Talmid Chacham need not request release.

(e) (Beraisa) If one makes a Neder by the Torah, it does not take effect.
(f) If he makes it by what is written in it, it does take effect.
(g) If he makes it by the Torah and by what is written in it, it does take effect.
(h) Question: Why is the last case necessary?
(i) Answer #1: The first two cases refer to where he is holding the Sefer Torah, where only if he said "what is written in it" is it effective; the last case refers to where the Torah is on the ground, where unless he adds "by it," he could be referring to the parchment.
(j) Answer #2: It all refers to where it was on the ground; the last case is written as "needless to say."
(k) Answer #3: The last case alone refers to where he was holding it, and it means that saying "by it" is in this case as good as saying "by what is written in it."

(a) If someone says Konam on sleeping, speaking, walking, or having relations with his wife, it is subject to Bal Yachel.

(a) (Beraisa) If one prohibits himself from sleep today if he sleep tomorrow -

1. (R. Yehudah citing Rav) He should not sleep today in case he sleeps tomorrow.
2. (R. Nachman) He can sleep today without concern about tomorrow.
3. R. Yehudah agrees that if he prohibited himself from sleep tomorrow if he sleeps today, then he can sleep today.

i. The reason is that while a person is not careful about transgressing the condition, he is careful about transgressing the prohibition.