Hilchot Nedarim: Difference between revisions

From Halachipedia
(Hatfasah baDavar HaNadur and Davar HaAssur)
Line 18: Line 18:
# The associated object need not be a Korban, but, rather, it can be anything that is sanctified with one's speech. <ref>Shulchan Aruch Yoreh Deah 204:2</ref>
# The associated object need not be a Korban, but, rather, it can be anything that is sanctified with one's speech. <ref>Shulchan Aruch Yoreh Deah 204:2</ref>
# If one hears his fellow declare a Neder and then himself says "And me like you!" within [[Toch Kedei Dibbur]], he creates a bona fide Neder. This is true even if a hundred people follow, one at a time, each within [[Toch Kedei Dibbur]] of the last.<ref>Shulchan Aruch Yoreh Deah 204:31</ref>
# If one hears his fellow declare a Neder and then himself says "And me like you!" within [[Toch Kedei Dibbur]], he creates a bona fide Neder. This is true even if a hundred people follow, one at a time, each within [[Toch Kedei Dibbur]] of the last.<ref>Shulchan Aruch Yoreh Deah 204:31</ref>
=== Hatfasah baDavar HaNadur ===
=== Hatfasah baDavar HaAssur (Inherently Prohibited Objects) ===
# If one associated the object with an object that is inherently prohibited, such as a non Kosher animal or idol (Hatfasah baDavar HaAssur), the Neder is not binding on a Torah level. For example, declaring that "This meat should be prohibited unto me like pig meat" is innefective. <ref>Shulchan Aruch Yoreh Deah 205:1</ref>
# If one associated the object with an object that is inherently prohibited, such as a non Kosher animal or idol (Hatfasah baDavar HaAssur), the Neder is not binding on a Torah level. For example, declaring that "This meat should be prohibited unto me like pig meat" is innefective. <ref>Shulchan Aruch Yoreh Deah 205:1</ref>
# Some argue that, on a rabbinic level, any such a Neder with association to an inherently prohibited object is effective on an Am HaAretz. Additionally, basic Charatah would be insufficient, and he would instead require a Petach from a different approach (MiMakom Acher) to annul it.<ref>Shulchan Aruch Yoreh Deah 205:1</ref> Many others, however, argue that this stringency by Am HaAretz only applies when his ineffective Neder is taken to prohibit his wife unto him. This opinion also claims that, nowadays, everyone has the status of Am HaAretz.<ref>Rama Yoreh Deah 205:1. The Ran (Nedarim 13b s.v. HaOmer leIshto) explains that we're extra stringent in this respect to discourage him from taking further such Nedarim, in the chance that he would do it with association to a Davar HaNadur the next time and succesfully prohibit his wife. Taz Yoreh Deah 205:2. The Perishah (Yoreh Deah 205:3) adds that we don't want him to avoid the Mitzvah of Peru uRevu. Shach Yoreh Deah 205:5.</ref>
# Some argue that, on a rabbinic level, any such a Neder with association to an inherently prohibited object is effective on an Am HaAretz. Additionally, basic Charatah would be insufficient, and he would instead require a Petach from a different approach (MiMakom Acher) to annul it.<ref>Shulchan Aruch Yoreh Deah 205:1</ref> Many others, however, argue that this stringency by Am HaAretz only applies when his ineffective Neder is taken to prohibit his wife unto him. This opinion also claims that, nowadays, everyone has the status of Am HaAretz.<ref>Rama Yoreh Deah 205:1. The Ran (Nedarim 13b s.v. HaOmer leIshto) explains that we're extra stringent in this respect to discourage him from taking further such Nedarim, in the chance that he would do it with association to a Davar HaNadur the next time and succesfully prohibit his wife. Taz Yoreh Deah 205:2. The Perishah (Yoreh Deah 205:3) adds that we don't want him to avoid the Mitzvah of Peru uRevu. Shach Yoreh Deah 205:5.</ref>
# The Chachamim did not impose their penalty in a case in which one was forced to take a Neder against his wife, and he associated her with an inherently prohibited object.<ref>Shach Yoreh Deah 205:2.</ref>
# The Chachamim did not impose their penalty in a case in which one was forced to take a Neder against his wife, and he associated her with an inherently prohibited object.<ref>Shach Yoreh Deah 205:2.</ref>
# Granted an individual cannot declare his wine as "Yayin Nesech" or "Pat Akum" through a standard Neder, if he did it as a penalty to others for violating a stipulation he made, some claim it's effective, while others disagree.<ref>Shulchan Aruch Yoreh Deah 205:2 quotes both opinions as Yesh Osrim and Yesh Mattirim; therefore, his ruling is in the lenient direction. At the same time, the Rama posits it takes effect on a rabbinic level.</ref>
# Granted an individual cannot declare his wine as "Yayin Nesech" or "Pat Akum" through a standard Neder, if he did it as a penalty to others for violating a stipulation he made, some claim it's effective, while others disagree.<ref>Shulchan Aruch Yoreh Deah 205:2 quotes both opinions as Yesh Osrim and Yesh Mattirim; therefore, his ruling is in the lenient direction. At the same time, the Rama posits it takes effect on a rabbinic level.</ref>
# A community can take punitive measures against members who act innappropriately and prohibit the objects of such individuals on others.  
# A community can take punitive measures against members who act innappropriately and prohibit the objects of such individuals on others.
 
=== The Absence of Innumerable Specific Examples ===
=== The Absence of Innumerable Specific Examples ===
# There are many complicated minutia discussed in the Talmud and its commentaries regarding specific formulations of Nedarim, but they don't make it to the page of Shulchan Aruch for practical reasons.<ref>Shulchan Aruch Yoreh Deah 204:1, Shach Yoreh Deah 204:6</ref>
# There are many complicated minutia discussed in the Talmud and its commentaries regarding specific formulations of Nedarim, but they don't make it to the page of Shulchan Aruch for practical reasons.<ref>Shulchan Aruch Yoreh Deah 204:1, Shach Yoreh Deah 204:6</ref>

Revision as of 22:24, 15 November 2017

Precautions and Circumstances to Taking Nedarim

General Warnings

  1. One should not regularly take a Neder: even if he fulfills it, he is called a Rasha and sinner.[1]
  2. If one delays fulfilling a Neder, his account is "opened" in Heaven.[2]
  3. Taking a Neder is equivalent to building a Bamah at a time in which doing so is prohibited, and following through with it is equivalent to bringing a Korban on that Bamah. Instead, it's better he have it anulled. This is only true, however, with respect to regular Nedarim. It's actually a Mitzvah to fulfill Nidrei Hekdesh, and one should only attempt to anull them in very drastic situation.[3]

Tzedaka

  1. It's preferble to not even pledge Tzedaka in the form of a Neder. Rather, if he has the money, he should donate it right away. If he doesn't, it's better not to take the Neder until he does.[4]
  2. If one does have to pledge with the community, he should add "Bli Neder."

General Leniencies

  1. One may take a Neder in a challenging, trying time ("Et Tzarah").[5]
  2. Nedarim and Shevuot may be taken as means of strengthening one's religious commitment, both in terms of fulfilling positive Mitzvot and evading the violation of negative ones.[6]
  3. However, one must be extremely careful when taking a Neder or Shevua in the context of Mitzvot, because even the more innocuous formulation will actually be binding.[7]
  4. Nedarim Siyag LePrishut: Taking a Neder to adjust one's personal attributes and tendencies is a form of serving Hashem. Examples include controlling one's extravagant apetite for meat and wine by taking a Neder against eating them for a period of time. Similarly, forbidding oneself from general indulgences is a means of bringing oneself to lesser focus on materialism. Nevertheless, one shouldn't become accustomed to taking Nidrei Issur (Prohibitive Nedarim). Instead, one should abstain from actions and entities that one should abstain from without taking a Neder in the first place.[8]

Formulating Nedarim

Ikar HaNeder & Hatfasah BaDavar HaNadur

  1. The essential form of a Neder entails declaring that a permitted object be prohibited and be associated with an object which itself is the product of a previous vow (Davar HaNadur). For example, "This loaf of bread should be prohibited to me like a Korban," because a Korban is an inherently permitted animal that is sanctified via a Neder. [9]
  2. Similarly, if one already prohibited an object upon himself, he can then subsequently prohibit another object by associating it with this one. For example, "This loaf of bread should be prohibited to me like that one (which he already prohibited via a Neder)." [10]
  3. The associated object need not be a Korban, but, rather, it can be anything that is sanctified with one's speech. [11]
  4. If one hears his fellow declare a Neder and then himself says "And me like you!" within Toch Kedei Dibbur, he creates a bona fide Neder. This is true even if a hundred people follow, one at a time, each within Toch Kedei Dibbur of the last.[12]

Hatfasah baDavar HaAssur (Inherently Prohibited Objects)

  1. If one associated the object with an object that is inherently prohibited, such as a non Kosher animal or idol (Hatfasah baDavar HaAssur), the Neder is not binding on a Torah level. For example, declaring that "This meat should be prohibited unto me like pig meat" is innefective. [13]
  2. Some argue that, on a rabbinic level, any such a Neder with association to an inherently prohibited object is effective on an Am HaAretz. Additionally, basic Charatah would be insufficient, and he would instead require a Petach from a different approach (MiMakom Acher) to annul it.[14] Many others, however, argue that this stringency by Am HaAretz only applies when his ineffective Neder is taken to prohibit his wife unto him. This opinion also claims that, nowadays, everyone has the status of Am HaAretz.[15]
  3. The Chachamim did not impose their penalty in a case in which one was forced to take a Neder against his wife, and he associated her with an inherently prohibited object.[16]
  4. Granted an individual cannot declare his wine as "Yayin Nesech" or "Pat Akum" through a standard Neder, if he did it as a penalty to others for violating a stipulation he made, some claim it's effective, while others disagree.[17]
  5. A community can take punitive measures against members who act innappropriately and prohibit the objects of such individuals on others.

The Absence of Innumerable Specific Examples

  1. There are many complicated minutia discussed in the Talmud and its commentaries regarding specific formulations of Nedarim, but they don't make it to the page of Shulchan Aruch for practical reasons.[18]

Items Subject to Prohibition via Nedarim

  1. One can declare a Neder on an item that is not yet in existence (Davar SheLo Ba LaOlam) to be prohibited once it comes into existence.[19]

Sources

  1. ↑ Shulchan Aruch Yoreh Deah 203:1
  2. ↑ Shulchan Aruch Yoreh Deah 203:2
  3. ↑ Shulchan Aruch Yoreh Deah 203:3
  4. ↑ Shulchan Aruch Yoreh Deah 203:4
  5. ↑ Shulchan Aruch Yoreh Deah 203:6
  6. ↑ Shulchan Aruch Yoreh Deah 203:6
  7. ↑ Nedarim 8a, Shulchan Aruch Yoreh Deah 213:2, Shach ibid 203:6. Rav Yosef Dov HaLevi Soloveitchik once went three hours overtime in his regular lecture, which was usually two hours long, on a Thursday in Yeshiva University, to the astonishment of his students. Those who remained by the time he stopped were further astounded to discover he did so becuase the previous week he had told the class that "Next week we will finish the chapter." and explained how that alone was enough to be considered a binding Neder. Since they didn't even finish, they had to seek out students who weren't in their class to form a Beit Din for Hatarat Nedarim. (Nefesh HaRav pg. 235)
  8. ↑ Shulchan Aruch Yoreh Deah 203:7
  9. ↑ Shulchan Aruch Yoreh Deah 204:1
  10. ↑ Shulchan Aruch Yoreh Deah 204:1. Language based on ArtScroll commentary to Nedarim 14a
  11. ↑ Shulchan Aruch Yoreh Deah 204:2
  12. ↑ Shulchan Aruch Yoreh Deah 204:31
  13. ↑ Shulchan Aruch Yoreh Deah 205:1
  14. ↑ Shulchan Aruch Yoreh Deah 205:1
  15. ↑ Rama Yoreh Deah 205:1. The Ran (Nedarim 13b s.v. HaOmer leIshto) explains that we're extra stringent in this respect to discourage him from taking further such Nedarim, in the chance that he would do it with association to a Davar HaNadur the next time and succesfully prohibit his wife. Taz Yoreh Deah 205:2. The Perishah (Yoreh Deah 205:3) adds that we don't want him to avoid the Mitzvah of Peru uRevu. Shach Yoreh Deah 205:5.
  16. ↑ Shach Yoreh Deah 205:2.
  17. ↑ Shulchan Aruch Yoreh Deah 205:2 quotes both opinions as Yesh Osrim and Yesh Mattirim; therefore, his ruling is in the lenient direction. At the same time, the Rama posits it takes effect on a rabbinic level.
  18. ↑ Shulchan Aruch Yoreh Deah 204:1, Shach Yoreh Deah 204:6
  19. ↑ Shulchan Aruch Yoreh Deah 204:4
Retrieved from "http://localhost:80/index.php?title=Hilchot_Nedarim&oldid=19816"