Tuesday, November 1, 2022

An ambiguous pledge TB Nedarim 7

 Today's daf TB Nedarim 7 continues to bring more case studies whether the concept of a yad, a fragmented sentence, can be extended to other areas of halakha. The first case asks "Is there intimation (yad) for tzedakkah (charity) or is there no intimation for tzedakkah?" (Sefaria.org translation)

The Gemara cites an example of an ambiguous statement and wonders whether this ambiguous fragment obligates the person to donate the coin under discussion to tzedakah. "it is a case where he said: This, and did not say: Also. What is his intention? Is he understood to be saying: This is also charity, or perhaps what is the meaning of: And this? He is saying that this coin is merely for general use, and he did not complete his statement." (Sefaria.org translation)

What's the connection between giving tzedakah and vows? Just like yesterday the connection is through sacrifices. Remember a person can make a vow to bring a sacrifice. From this the rabbis can make a hekesh (היקש), juxtaposition, between sacrifices and giving tzedakah.  Do we say that since charity is juxtaposed to offerings, as it is written in a verse following the prohibition against delaying an offering: “That you have spoken with your mouth” (Deuteronomy 23:24) and the Sages expounded that this is a reference to charity, therefore, just as there is intimation, i.e., intimation is effective, with regard to offerings, so too, there is intimation with regard to charity..." (Sefaria.org translation)

On the other hand the Gemara suggests sacrifices and tzedakah have only one point of commonality. "Or perhaps it is only with regard to the prohibition: You shall not delay, that it is juxtaposed, but not with regard to other halakhot?” (Sefaria.org translation)

Once again the Gemara leaves this question unanswered. Rambam and Joseph Karo poskin since this is a doubtful case concerning a Torah law one must take a stringent point of view. Consequently, when a person says, "This coin is for tzedakah and this (coin)," he must donate both coins. (Mishneh Torah, Gif to the Poor, chapter 8 halakha 2; Shukhan Arukh, Yoreh De'ah 258:2)

The Ran on our daf doesn't understand this decision since there is an explicit sugiya at the end of chapter 8 of TB massekhet Hullin that a doubtful case of money even concerning the poor, one decides leniently. (daf 134a) Consequently, when a person says, "This coin is for tzedakahand this (coin), he only obligates himself to donate the first coin.

In the end I believe that the person in his heart knows what he truly meant. He should act on what he knows to be true. Nevertheless, giving tzedakah is a good unto itself and never impoverishes the giver.

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