Sefer HaChinuch ספר החינוך

To fulfill what has come out of his lips, as he vowed: That we have been commanded to fulfill all that we have obligated ourselves in speech, from oaths and vows and [similar] to it. And about this is it stated (Deuteronomy 23:24), “You shall keep what has come out of your lips, etc.”

And Rambam, may his memory be blessed, wrote (Sefer HaMitzvot, Positive Commandments 94), “And they already separated the words of this verse and placed a [different] matter on every word of it. And nonetheless what comes out from all that I have mentioned to you is that it is a positive commandment for a person to fulfill that which he speaks about to obligate himself in any thing. And the language has already been duplicated in this commandment, and that is its stating (Bamidbar 30:3), ‘like all that comes out of his mouth, he shall do.’” To here are his words.

And Ramban, may his memory be blessed (in his critique of Sefer HaMitzvot, Positive Commandments 94) wrangled with him about it and said that he grouped two commandments here — which are different in their laws and their contents — into one. As this verse of “what comes out of your mouth, etc.” is stated about the matter of what a person obligates himself to God, may He be blessed, whether they be in matters of sacrifices or charity moneys, and that is what is stated, “as He will surely demand it from you” — which is to say, that He will seek from you the money that you vowed to Him — and your delaying it will be a sin. And so, they, may their memory be blessed, said (Rosh Hashanah 4a), “Those who are obligated for dedications [to the Temple]; appraisals; consecrations; sin-offerings; guilt-offerings, burnt-offerings; peace-offerings; charity [monies]; tithes; firstborns; [animal] tithes; a Pesach sacrifice; gleanings; forgotten sheaves; and corner fields — once three festivals passed him, he violates ‘do not delay.’” But regarding everything that a person obligates himself to in optional matters — which the Sages called, “utterance (bitui),” and that is if he vows or swears, “I will eat,” or “I will not eat,” “I will go to place x,” or “I will not go,” and all that is similar to this — this does not come into the category of this commandment. And this is why the verse needed to promise, “If you refrain from vowing, you will incur no guilt.” And nonetheless, with vows of utterance, there is another commandment specified for it, and that is the section of [the Torah about] vows in the Order of Roshei HaMatot, where it is written (Numbers 30:3), “taking an oath imposing an obligation on himself, he shall do all that has come out of his lips” — and they, may their memory be blessed, explained (Sifrei on Numbers 30:3) [that this is speaking about a vow] to forbid the permitted.

And another difference between vows of utterance and vows to the Elevated realm is that with vows to the Elevated realm there is no need to mention [the word,] “vow” with them, but rather he says, “This animal is a sacrifice,” or “This vessel is for the upkeep of the [Temple],” or “for the poor.” And with this alone, he is obligated to fulfill the words of his mouth, by the positive and the negative commandment mentioned in this verse; such that if three pilgrim holidays passed and he did not fulfill his vows, he transgresses, “do not delay.” But regarding, “do not profane his words,” he only transgresses when he transgresses the vow in a way that it is impossible for him to fulfill it ever. But concerning optional matters, he needs to mention “vow” with them — or something that indicates it, for example, what they called “hands of the vows (yadot hanedarim) or utterances.” But if he only said words, [such as] “I will eat this loaf,” or “I will walk to place x,” or “I will give this portion to the rich Mr. x,” he has not obligated himself in a positive commandment at all. [Still,] it is fitting for anyone who God has graced with intelligence to fulfill all of his words [even in such a case]. And we say so [too] that he does not transgress, “do not delay,” with vows of utterances — and even after several pilgrim holidays.

And what comes out of all this according to the opinion of Ramban, may his memory be blessed, is that we count [it as] one positive commandment that a man fulfill what comes out of his mouth with the vows to the Elevated realm; and we count [it as] another commandment to fulfill the vows and oaths of utterances.

I have written about the roots of the commandment in the Order of Reeh Anokhi Metsaveh about the commandment of the sacrifices on the first pilgrim holiday (Sefer HaChinukh 438).

From the laws of this commandment are that which they, may their memory be blessed, said (Rosh Hashanah 6a), that [vows of] charity obligates a person to do it immediately; and they said in explanation of this, [that it is] because, “Since behold, the poor are standing” — which is to say that since it is in his hand to fulfill the commandment immediately, the obligation of the positive commandment is also upon him immediately. And nonetheless regarding the matter of not transgressing, “do not delay,” we do not transgress until three pilgrim festivals have passed one by — as the Torah made liable more generally regarding all vows of the Heavens about “do not delay” after three pilgrim holidays, and not before; and like the words of the bereita that I wrote about this commandment adjacently. This is the opinion of some of the commentators. But there are some of them that said that we are liable with charity immediately when he does not pay, even about “do not delay.” And they said that there is a difference between what a person obligates himself in — for example, charity — and what a person does not obligate himself — like gleanings, forgotten sheaves, and corner fields. As with what he obligated himself to, and it is in his hand to fulfill — [something] that has these two [elements]; for example, charity — he is immediately liable for “do not delay.” But with gleanings, forgotten sheaves, and corner fields, he did not obligate himself to [do] them. And [with] sacrifices, in which he did obligate himself to [do] them, it is not in his hand to sacrifice them immediately — and therefore, he does not transgress for them until after three pilgrim holidays. Merit, my son, and you will examine their words. And the rest of the details of the commandment — meaning to say the exact clarification, meaning to say to warn a person to do what he is obligated to do, and how he can save himself from this when a doubt comes into what he said — it is all elucidated in places in Shevuot, in Nedarim, and at the end of Menachot and so too, in Kinnim.

And this commandment is practiced in every place and at all times, by males and females. And one who transgresses it and does not fulfill his word with vows to the Elevated realm — for example, sacrifices and vows for the upkeep of the [Temple] during the time of the Temple — immediately when it is possible for him to fulfill it, and as we wrote in the Order of Re’eh Anokhi (Sefer HaChinukh 438), negated this positive commandment. And when three pilgrim holidays have passed by him and he has [still] not fulfilled his word, he has transgressed the negative commandment of “do not delay,” and [it is] as we wrote in this Order with God’s help (Sefer HaChinukh 574). And in our day, one who vows charity and does not pay it to the beadles or the poor — if there are some there — on the day that he vows it, he has negated this positive commandment and also transgressed “do not delay,” immediately — according to the opinion of a few commentators. And if he delays doing the thing for three pilgrim holidays, he has transgressed, “do not delay,” according to the words of everyone.

And regarding the obligation of vows of utterance, we have already designated a commandment for them — that one is obligated to fulfill them — in the Order of Roshei HaMatot, as we have said. And if he delayed fulfilling them to the point that they have been negated — such that it is no longer in his hand to fulfill them — then we say about them, that he has negated the positive commandment of “he must carry out all that has come out of his lips,” and [violated] the positive commandment of “he shall not profane his word” (Sefer HaChinukh 406) — but not before then, and even if several pilgrim holidays have passed by him.