דְּאִי הֲוָה יָדַע דְּמִית – מִן לְאַלְתַּר הֲוָה גָּמַר וְיָהֵיב גִּיטָּא.

for had he known that he would die within a year he would have immediately finalized his decision and given her the bill of divorce. Since he gave it to her initially so that she not require levirate marriage, it is assumed that his intent was to deliver it even in this case. By contrast, in the case where one stipulated about his rights, which he certainly did not intend to forfeit, it is assumed that he would not have wanted his statement to take effect in this situation.

מַאי שְׁנָא מֵהַהוּא דַּאֲמַר לְהוּ: אִי לָא אָתֵינָא מִכָּאן עַד תְּלָתִין יוֹמִין – לֶיהֱוֵי גִּיטָּא. אֲתָא, וּפְסָקֵיהּ מַעַבְּרָא, אֲמַר לְהוּ: חֲזוּ דַּאֲתַאי, חֲזוּ דַּאֲתַאי! וַאֲמַר שְׁמוּאֵל: לָא שְׁמֵיהּ מָתְיָיא. אַמַּאי? וְהָא מֵינַס אֲנִיס!

The Gemara continues to question Rava: In what way is it different from the following case: There was a certain man who said to the agents with whom he entrusted a bill of divorce: If I do not return from now until thirty days have passed, let this be a bill of divorce. He came on the thirtieth day but was prevented from crossing the river by the ferry that was located on the other side of the river, so he did not arrive within the designated time. He said to the people across the river: See that I have arrived, see that I have arrived. And Shmuel said: It is not considered to be an arrival, and the condition is considered to have been fulfilled. The Gemara asks: Why is it not considered an arrival; but he was impeded by circumstances beyond his control?

דִּלְמָא אוּנְסָא דְּמִיגְלַיָא שָׁאנֵי, וּמַעַבְּרָא מִיגְלֵי אוּנְסֵיהּ.

The Gemara responds: Perhaps the case of circumstances beyond one’s control that are apparent to everyone and could have been anticipated ahead of time is different, and a ferry is considered an apparent type of circumstance beyond one’s control, which he should have considered and stipulated explicitly. Since he did not do so, it is not considered a circumstance beyond one’s control.

וּלְרַב הוּנָא, מִכְּדִי אַסְמַכְתָּא הִיא, וְאַסְמַכְתָּא לָא קָנְיָא! שָׁאנֵי הָכָא, דְּמִיתְפְּסָן זְכוּתָן.

The Gemara asks: And according to Rav Huna, who said that his documents for a favorable verdict are rendered void if he does not return by the set time, it is difficult to understand why the stipulation is valid. After all, it is a transaction with inconclusive consent [ asmakhta ], since he certainly assumed that he would return and intended to actually give away his documents, and an asmakhta does not effect acquisition. Even if a person performs an act of acquisition to that effect, he does not have the intention to actually follow through. The Gemara responds: Here it is different because his documents for a favorable verdict are being held by the court, so he certainly did intend to give them up in the event that he not return on time.

וְהֵיכָא דְּמִיתְפְּסִין לָאו אַסְמַכְתָּא הִיא? וְהָתְנַן: מִי שֶׁפָּרַע מִקְצָת חוֹבוֹ וְהִשְׁלִישׁ אֶת שְׁטָרוֹ, וְאָמַר: אִם אֵין אֲנִי נוֹתֵן לוֹ מִכָּאן עַד שְׁלֹֹשִׁים יוֹם – תֵּן לוֹ שְׁטָרוֹ.

The Gemara asks: And in a case where his rights are held by another party, is it not considered an asmakhta ? But didn’t we learn in a mishna ( Bava Batra 168a): In the case of one who repaid part of his debt, and deposited his loan document with a third party for purposes of security, and said: If I do not give him the remainder of the debt from now until thirty days, give him his loan document and he can collect the entire amount.

הִגִּיעַ זְמַן וְלֹא נָתַן, רַבִּי יוֹסֵי אוֹמֵר: יִתֵּן, וְרַבִּי יְהוּדָה אוֹמֵר: לֹא יִתֵּן. וְאָמַר רַב נַחְמָן אָמַר רַבָּה בַּר אֲבוּהּ אָמַר רַב: אֵין הֲלָכָה כְּרַבִּי יוֹסֵי דְּאָמַר אַסְמַכְתָּא קָנְיָא!

If the time arrived and he did not give the remainder of the debt to the creditor, Rabbi Yosei says: The third party should give the document to the debtor. And Rabbi Yehuda says: He should not give it. And Rav Naḥman said that Rabba bar Avuh said that Rav said: The halakha is not in accordance with the opinion of Rabbi Yosei, who said that an asmakhta effects acquisition. The reason for this is that the one who deposited the document believes he will return in time and never intended to give over the document. It can be seen in the mishna that even in a case where the document was held by a third party, it is still considered an asmakhta and is not valid.

שָׁאנֵי הָכָא דַּאֲמַר לִבָּטְלָן זַכְוָתֵיהּ.

The Gemara responds: It is different here because the one who deposited his documents with the court explicitly said that documents for a favorable verdict should be void, which demonstrates that he intended to uphold his stipulation.

וְהִלְכְתָא: אַסְמַכְתָּא קָנְיָא, וְהוּא דְּלָא אֲנִיס, וְהוּא דְּקָנוּ מִינֵּיהּ בְּבֵית דִּין חָשׁוּב.

The Gemara concludes: And the halakha in these cases is as follows: An asmakhta effects acquisition even if it is dependent on a condition that may not be fulfilled, but this is true only if the one who had stated the obligation dependent upon the asmakhta was not impeded by circumstances beyond his control that prevented him from doing so, and instead deliberately chose not to fulfill the stipulation. In addition, this is the halakha only if he effected an acquisition from the other party asmakhta in an eminent court, but not for an agreement that takes place not in an eminent court.

מתני׳ נוֹדְרִין לֶהָרָגִין וְלֶחָרָמִין וְלַמּוֹכְסִין שֶׁהִיא תְּרוּמָה אַף עַל פִּי שֶׁאֵינוֹ תְּרוּמָה, שֶׁהֵן שֶׁל בֵּית הַמֶּלֶךְ אַף עַל פִּי שֶׁאֵינָן שֶׁל בֵּית הַמֶּלֶךְ. בֵּית שַׁמַּאי אוֹמְרִים: בַּכֹּל נוֹדְרִין

One may take a vow to murderers, i.e., people suspected of killing others over monetary matters; or to robbers [ ḥaramin ]; or to tax collectors who wish to collect tax, that the produce in his possession is teruma although it is not teruma . One may also take a vow to them that the produce in his possession belongs to the house of the king, although it does not belong to the house of the king. One may take a false vow to save himself or his possessions, as a statement of this sort does not have the status of a vow. Beit Shammai say: One may vow in such a case, although he has no intention that his words be true, using every means of taking a vow or making a prohibition in order to mislead those people,