Limud Torah

with Rav Chaim

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SWEARING NOT TO EAT GID HANASHE

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When a person swears that he will not eat any type of food, the Shiur for this personal Issur is a Kazayis. Non-food items are different. The Gemara in Shvuos 22b relates the case of someone who swears that he will not eat dirt, he is Chayiv for eating even the smallest amount. Since dirt is inedible, the person is not doing it to eat it for enjoyment like food.  His intent is to prohibit any amount.

 

The Gemara then asks a Shaila about swearing not to eat grape pits. It's a little closer to being real food since it can be eaten mixed with other foods. If a Nazir swears not to eat grape pits, the Rambam Paskins that the Nazir's sole intent is not trepassing the Issur of Nazeros, which has the Shiur of a Kazoyis. Since the Shvuah on a Kazayis is not Chal, since he's already swore to keep the Mitzvos by Har Sinai, and since his intent was only on Kazayis and not on a less amount, the Shvuah is not Chal at all.

 

The Ran holds that this case is still a Shaila. Therefore, since the grape pits are not edible, he may be Chayiv even when eating a small amount.

Since

the Shvuah is on a Shiur smaller than the Issur, it can still become Chal.

If someone swears not to eat Gid Hanashe, the Minchas Chinuch believes that even according to the Rambam, a Shvuah would be Chal. Previously, we showed that in order to be Chayiv an Issur of Gid Hanashe, you must eat a Kazayis at one time. However with other Shavuahs, a person would only be Chayiv when eating the Issur within "K'dai Achilas Pras." If he ate a Kazais of Gid in "K'dai Achilas Pras", he would not be Chayiv for the Issur of Gid, or perhaps this Shvuah has what to be Chal on that wouldn't be Chayiv in the case of regular food. This is like swearing regarding other Issurim that you won't eat amounts less than a Kazayis. Such a Shvuah would be Chal.

 

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