Lot 164
  • 164

Babylonian Talmud, Tractate Nedarim, Venice: Daniel Bomberg, 1522

Estimate
10,000 - 15,000 USD
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Description

102 [of 121] leaves (14 7/8 x 10¼ in.; 378 x 260 mm). collation: 1-48, 52-7, 6-88, 17 ; lacking f. 33 and final 18 leaves. Woodcut initial word panel; ff. 32, 34 loose; marginal waterstains and spotting throughout, marginal mends in last four leaves. Old black patterned cloth; upper edge and corner torn.

Provenance

JNUL-their stamp on title page, f. 26v and final leaf

Literature

Vinograd, Venice 60: Habermann 51

Condition

103 [of 182] leaves (14 7/8 x 10¼ in.; 378 x 260 mm). Woodcut initial; f. 33 lacking, ff. 32, 34 loose; marginal waterstains and spotting throughout, marginal mends in last four leaves. Old black patterned cloth; upper edge and corner torn.
In response to your inquiry, we are pleased to provide you with a general report of the condition of the property described above. Since we are not professional conservators or restorers, we urge you to consult with a restorer or conservator of your choice who will be better able to provide a detailed, professional report. Prospective buyers should inspect each lot to satisfy themselves as to condition and must understand that any statement made by Sotheby's is merely a subjective qualified opinion.
NOTWITHSTANDING THIS REPORT OR ANY DISCUSSIONS CONCERNING CONDITION OF A LOT, ALL LOTS ARE OFFERED AND SOLD "AS IS" IN ACCORDANCE WITH THE CONDITIONS OF SALE PRINTED IN THE CATALOGUE.

Catalogue Note

Nedarim  (Vows) is the third tractate of the order Nashim and deals mainly with the binding quality of the spoken vow. Specifically, the tractate deals with various formulations of vows and which constitute binding vows. Similarly there is a discussion concerning which vows are not binding due to lack of serious intent, constraint, and the like, as well as the interpretation of certain vow formulas. Finally, the absolution of vows, and the grounds on which such absolution may be granted is treated. The inclusion of this topic in the order dealing with family law arises, in part, from the right of the father to annul the vows of his daughter during her minority and the right of a husband to annul most or all of his wife's vows.

Surrounding the text of the Talmud are the commentaries of Nissim of Gerondi along with those of the Rosh and Rashi. The latter commentary stops abruptly on f. 22b where it is replaced by another commentary. By way of explanation, the printers inserted the following notation: "here it was lacking and I copied from Rabbenu Gershom." The lack of a complete manuscript of Rashi was only one of the problems with the printing of Nedarim. Interestingly, the tosafot in Nedarim are not printed on each page as in other tractates but are placed instead at the end of the volume. The title page of this volume, dated 1522, explains this anomaly by stating that the "tosafot are not in their place but rather at the end of the tractate for they are in error." According to Rabbinovicz, Bomberg replaced the title page seen here with one labeled 1523 and which omitted that phrasing, no doubt in response to poor sales attributable to the public's hesitation to purchase a product that advertised its own shortcomings. (see lot 133 for a copy with the alternative title page.) Although the text of the tractate is complete, Piskei Tosafot and Rabbenu Asher are wanting in the present volume which ends in media res in the Tosafot of chapter four.