Tuesday, December 13, 2022

Which version is correct, the Jerusalem Talmud or the Babylonian Talmud? Nedarim 49

With today’s daf TB Nedarim 49 we begin the sixth chapter of our massekhet. Concerning vows, we understand what a person says must be what he means. The first Mishna and the Gemara define the meaning of terms used during those days. It begins by defining the term cooked foods (mevushal-מְבוּשָּׁל) “In the case of one who vows that cooked foods (i.e. braised-gg) are forbidden to him, he is permitted to eat roasted and boiled foods, as they are not defined as cooked.” (Sefaria.org translation) Seemingly Rabbi Yoshiya disagrees. “It is taught in a baraita: In the case of one who vowed that cooked foods are forbidden to him, Rabbi Yoshiya maintains that he is prohibited from eating roasted foods. And although there is no biblical proof of the matter, there is an allusion to the matter, as it is stated: “And they cooked the Paschal offering with fire according to the ordinance” (II Chronicles 35:13). Since the Paschal offering must be roasted, it is evident that roasting can also be referred to as cooking.” (Sefaria.org translation)

This first suggestion, that Rabbi Yoshiya holds one must use the definition found in the Bible even though common usage today is different, is rejected. “No, everyone agrees that with regard to vows one should follow the language of people (בִּנְדָרִים הַלֵּךְ אַחַר לְשׁוֹן בְּנֵי אָדָם). Rather, this Sage stated his opinion in accordance with the language of his locale, and this Sage stated his opinion in accordance with the language of his locale. In the locale of our tanna, roasted food is called roasted and cooked food is called cooked, and in the locale of Rabbi Yoshiya even roasted food is called cooked.” (Sefaria.org translation)

Despite the assertion that everybody agrees that with regard to vows one should follow the language of the people, the Ran ד"ה ירושלמי cites the Jerusalem Talmud that begs to differ with the Babylonian Talmud. “Rebbi Joḥanan (Rabbi Yokhanan) said, in matters of vows one follows common usage. Rebbi Joshia (Rabbi Yoshiya) said, in matters of vows one follows biblical usage (I bolded the font-gg)9The Babli, 49a, states that R. Joshia disagrees with the Mishnah and forbids both roasted and preserved. What is the difference between them? ‘A qônām that I shall not taste wine on Tabernacles.’ In the opinion of Rebbi Joḥanan he is forbidden on the last day of the holiday10The eighth day of the fall festival which in popular consciousness is part of Tabernacles but in biblical terminology (Num. 29:35) is a separate holiday. In the opinion of Rebbi Joshia, is he permitted? Also Rebbi Joshia agrees that he is prohibited. Rebbi Joshia said it only for restrictions11He requires that both in biblical Hebrew and in the vernacular the terms should denote different things.” (Nedarim 6:1, Sefaria.org translation)

Rabbi Yoshiya was a fifth generation tanna. R. Yoshiah was a student of R. Yishmael and was often involved in disputes with R. Yonatan. It appears that he left Israel during the time of the Hadrianic persecutions, as we read about teaching at the academy of R. Yehudah b. Betirah in northern Babylonia. Which Talmud preserved his position better since he lived both in the land of Israel and Babylonia? I don’t know. Perhaps, and this is only me thinking out loud, he changed his mind after living in Babylonia. It’s an interesting question that should be dived into deeper.

 

 

 

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