| שְׁנֵיהֶם רוֹצִין בִּשְׁלֹשָׁה דִּינָרִין. | In this case, one may assume that both want to complete the deal at three dinars, and they did not intend to vow but only exaggerated for purposes of bargaining. |
| גְּמָ׳ אַרְבָּעָה נְדָרִים הִתִּירוּ חֲכָמִים כּוּ׳. אֲמַר לֵיהּ רַבִּי אַבָּא בַּר מֶמֶל לְרַבִּי אַמֵּי: אֲמַרְתְּ לַן מִשְּׁמֵיהּ דְּרַבִּי יְהוּדָה נְשִׂיאָה: מַאן תְּנָא אַרְבָּעָה נְדָרִים — רַבִּי יְהוּדָה הִיא, דְּאָמַר מִשּׁוּם רַבִּי טַרְפוֹן: לְעוֹלָם אֵין אֶחָד מֵהֶן נָזִיר, לְפִי שֶׁלֹּא נִיתְּנָה נְזִירוּת אֶלָּא לְהַפְלָאָה. | GEMARA: The mishna states: The Sages dissolved four types of vows. Rabbi Abba bar Memel said to Rabbi Ami: You said to us in the name of Rabbi Yehuda Nesia: Who is the tanna who taught this mishna of four vows? It is the opinion of Rabbi Yehuda, who said in the name of Rabbi Tarfon: With regard to two people who entered into a wager, and each declared that he would become a nazirite if the other was right, then actually neither of them becomes a nazirite, because naziriteship is determined only by explicitness of intent. One cannot become a nazirite unless he vows clearly and with certitude. Here too, since the intent of the wagering parties was not actually to vow, the halakha is that the vow is invalid. |
| רָבָא אָמַר: אֲפִילּוּ תֵּימָא רַבָּנַן, מִי קָתָנֵי ״שְׁנֵיהֶן רָצוּ״? ״שְׁנֵיהֶן רוֹצִין״ קָתָנֵי. | Rava said: You can even say that the mishna is in accordance with the Rabbis, who disagree with Rabbi Yehuda. Does the mishna teach: Both wanted the price to be three dinars? It teaches: Both want, in the present tense, demonstrating that they would have been satisfied with that price from the outset and never intended to vow, so the vow is not binding. |
| אֲמַר לֵיהּ רָבִינָא לְרַב אָשֵׁי: אָמַר לוֹ טְפֵי מִסֶּלַע, וְהַלָּה אֹמֵר בְּצִיר מִשֶּׁקֶל, נִדְרָא הָוֵי, אוֹ זֵרוּזִין הָוֵי? | Ravina said to Rav Ashi: If the seller said to the buyer in the form of a vow that the price must remain more than a sela, and the other declared in the form of a vow that the price must remain less than a shekel, what is the halakha? Is this a vow, where each stands firmly in his position? Or perhaps this is also merely for encouragement? |
| אֲמַר לֵיהּ, תְּנֵינָא: הָיָה מְסָרֵב בַּחֲבֵירוֹ שֶׁיֹּאכַל אֶצְלוֹ, וְאָמַר לוֹ ״קֻוֽנָּם בֵּיתְךָ שֶׁאֲנִי נִכְנָס״, ״טִיפַּת צוֹנֵן שֶׁאֲנִי טוֹעֵם״ — מוּתָּר לִיכָּנֵס לְבֵיתוֹ וְלִשְׁתּוֹת הֵימֶנּוּ צוֹנֵן, שֶׁלֹּא נִתְכַּוֵּון זֶה אֶלָּא לְשׁוּם אֲכִילָה וּשְׁתִיָּה. | Rav Ashi said to him: We already learned about a similar case: If one was importuning another that he should eat with him and the other refused and said to him: Entering your house is konam for me, or: A drop of cold water is konam for me, and for that reason I will not taste it with you, it is permitted for him to enter his house and drink cold water since he intended it as a vow only for the purpose of eating and drinking a large amount but did not mean literally that he would not drink anything. |
| וְאַמַּאי? וְהָא ״טִיפַּת צוֹנֵן״ קָאָמַר! אֶלָּא מִשְׁתַּעֵי אִינִישׁ הָכִי. הָכָא נָמֵי מִשְׁתַּעֵי אִינִישׁ הָכִי. | The Gemara asks: And why is this permitted? But he said: A drop of cold water, so how can you say that the vow is only with regard to drinking a large amount? Rather, it must be that a person speaks this way in exaggerated terms but does not mean literally what he says. Here also, in the case of the buyer and seller, a person speaks this way. He exaggerates and does not intend the literal meaning of his words, even though he was quite precise in his wording. |
| אֲמַר לֵיהּ: | Ravina said to him: |