Hafarat Nedarim: Difference between revisions

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(types of marriages, erusin who can be mefer, she'elah on hakama)
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= Prior to Kiddushin =
= Stages of Marriage =
== Prior to Kiddushin/Erusin ==
# The Torah gives license to a man to revoke the Nedarim of his young daughter and those of his wife. This action is known as "Hafarah." A father can only revoke his daughter's Nedarim while she is a Ketana (below the age of twelve) or Na'arah (between twelve with Simanim and twelve and a half). Once she becomes a Bogeret (twelve and a half with Simanim) or reaches Nissuin, he may no longer revoke her Nedarim.<ref>Shulchan Aruch Yoreh Deah 234:1</ref>  
# The Torah gives license to a man to revoke the Nedarim of his young daughter and those of his wife. This action is known as "Hafarah." A father can only revoke his daughter's Nedarim while she is a Ketana (below the age of twelve) or Na'arah (between twelve with Simanim and twelve and a half). Once she becomes a Bogeret (twelve and a half with Simanim) or reaches Nissuin, he may no longer revoke her Nedarim.<ref>Shulchan Aruch Yoreh Deah 234:1</ref>  
= After Nissuin =
== During Erusin ==
# As an Arusah, a Ketana or Na'arah partially enters her husband's domain, so he can revoke her Nedarim she takes during Erusin or even beforehand in tandem with her father, until she enters the Chuppah and does Nissuin. Only when she fully enters his domain with Chuppah and Nissuin can the husband alone revoke her Nedarim, even if in the meantime he becomes obligated to feed her during Erusin.<ref>Shulchan Aruch Yoreh Deah 234:5, see Shulchan Aruch Even HaEzer 56:1 regarding when he would be obligated to feed her.</ref>
# If either the father or the husband revokes her Neder but the other does not, the Neder is weakened but not revoked, so she would not receive Malkot if she violates it from then on.<ref>Shulchan Aruch Yoreh Deah 234:5</ref>
# The husband of a Bogeret cannot revoke her Nedarim during Erusin.<ref>Taz Yoreh Deah 234:4</ref>
# According to the Rambam, both father and husband have to hear of and revoke the Neder on the same day, while the Ramban argues each one can hear and revoke on separate days.<ref>Shulchan Aruch Yoreh Deah 234:5 presents these two as a Stam vaYesh. The Tur thinks the Ramban is logical, so the Taz (Yoreh Deah 234:6) writes the Shulchan Aruch paskened Safek De'Oraita leChumra. Bach quoted by Shach Yoreh Deah 234:13 points out that one should be Machmir, especially since it's a Stam vaYesh.</ref>
# Though it's effective by a Nessuah, taking back one's upholding of an Arusah's Neder does not allow him to then revoke it.<ref>Shulchan Aruch Yoreh Deah 234:6, who omits the Rashba's position that this is only true if the father does it</ref>
== After Nissuin ==
# The husband can revoke her Nedarim exclusively from Nissuin and on.<ref>Shulchan Aruch Yoreh De'ah 234:2</ref> Even if his wife is shrieking in disapproval, she cannot prevent her husband from revoking her Nedarim.<ref>Shu"t HaRivash Siman 407, Beit Yosef Yoreh Deah 234:2-3</ref>
# The husband can revoke her Nedarim exclusively from Nissuin and on.<ref>Shulchan Aruch Yoreh De'ah 234:2</ref> Even if his wife is shrieking in disapproval, she cannot prevent her husband from revoking her Nedarim.<ref>Shu"t HaRivash Siman 407, Beit Yosef Yoreh Deah 234:2-3</ref>
= Divorce =
== Divorce ==
# If they get divorced, the husband cannot revoke her Nedarim from the moment the divorce has taken effect and the Get has arrived in her hands. Thus, if the status of the divorce is unclear, he should not revoke any of her Nedarim.<ref>Shulchan Aruch Yoreh De'ah 234:2</ref> Similarly, if the divorce was made on condition or if the Get was handed to her courier (Shliach leHolacha)<ref>Taz Yoreh Deah 234:1. Shach Yoreh Deah 234:6 who quotes the Bach who argues that a Shaliach cannot be considered her hand with respect to this.</ref>, he should not revoke any of her Nedarim if the Get arrived in her hands.<ref>Shulchan Aruch Yoreh De'ah 234:3</ref> Post-facto, it would not be a valid Hafarah<ref>Bach Yoreh Deah 234:4, Shach Yoreh Deah 234:7</ref>, unless it was a Get on conditio and the condition was not fulfilled.<ref>Shach Yoreh Deah 234:8</ref>
# If they get divorced, the husband cannot revoke her Nedarim from the moment the divorce has taken effect and the Get has arrived in her hands. Thus, if the status of the divorce is unclear, he should not revoke any of her Nedarim.<ref>Shulchan Aruch Yoreh De'ah 234:2</ref> Similarly, if the divorce was made on condition or if the Get was handed to her courier (Shliach leHolacha)<ref>Taz Yoreh Deah 234:1. Shach Yoreh Deah 234:6 who quotes the Bach who argues that a Shaliach cannot be considered her hand with respect to this.</ref>, he should not revoke any of her Nedarim if the Get arrived in her hands.<ref>Shulchan Aruch Yoreh De'ah 234:3</ref> Post-facto, it would not be a valid Hafarah<ref>Bach Yoreh Deah 234:4, Shach Yoreh Deah 234:7</ref>, unless it was a Get on conditio and the condition was not fulfilled.<ref>Shach Yoreh Deah 234:8</ref>
= Widowed =
== Widowed ==
# If she heard that her husband passed away, remarried, and then found out that he's still alive, neither husband can revoke her Nedarim. The same is true regarding any marriage that violates a Karet level prohibition.<ref>Shulchan Aruch Yoreh De'ah 234:4</ref>
# If she heard that her husband passed away, remarried, and then found out that he's still alive, neither husband can revoke her Nedarim. The same is true regarding any marriage that violates a Karet level prohibition.<ref>Shulchan Aruch Yoreh De'ah 234:4</ref>
 
= Types of Marriages =
# As above, these Halachot assume the marriage is a Halachically valid one. If the marriage entails an Issur Karet, these Halachot do not apply, because Kiddushin does not work in such cases.<ref>Shulchan Aruch Yoreh De'ah 234:4</ref> However, if the marriage is to a Niddah, Issur Aseh, or Issur Lav, in which case, Kiddushin do take hold, and the husband revokes her Neder, the revocation is successful,<ref>Shulchan Aruch Yoreh De'ah 234:5, Taz Yoreh Deah 234:2</ref> though he should not do so, ideally.<ref>Shach Yoreh De'ah 234:10</ref>
= Types of Nedarim =
= Types of Nedarim =
# The husband and father can only revoke Nedarim that are self afflicting to the woman or strain the bond between him and her. A Chacham, however, can annul any Neder.<ref>Shulchan Aruch Yoreh De'ah 234:55,58, Shach Yoreh Deah 234:1</ref>
# The husband and father can only revoke Nedarim that are self afflicting to the woman or strain the bond between him and her. A Chacham, however, can annul any Neder.<ref>Shulchan Aruch Yoreh De'ah 234:55,58, Shach Yoreh Deah 234:1</ref>

Revision as of 20:46, 29 April 2018

Stages of Marriage

Prior to Kiddushin/Erusin

  1. The Torah gives license to a man to revoke the Nedarim of his young daughter and those of his wife. This action is known as "Hafarah." A father can only revoke his daughter's Nedarim while she is a Ketana (below the age of twelve) or Na'arah (between twelve with Simanim and twelve and a half). Once she becomes a Bogeret (twelve and a half with Simanim) or reaches Nissuin, he may no longer revoke her Nedarim.[1]

During Erusin

  1. As an Arusah, a Ketana or Na'arah partially enters her husband's domain, so he can revoke her Nedarim she takes during Erusin or even beforehand in tandem with her father, until she enters the Chuppah and does Nissuin. Only when she fully enters his domain with Chuppah and Nissuin can the husband alone revoke her Nedarim, even if in the meantime he becomes obligated to feed her during Erusin.[2]
  2. If either the father or the husband revokes her Neder but the other does not, the Neder is weakened but not revoked, so she would not receive Malkot if she violates it from then on.[3]
  3. The husband of a Bogeret cannot revoke her Nedarim during Erusin.[4]
  4. According to the Rambam, both father and husband have to hear of and revoke the Neder on the same day, while the Ramban argues each one can hear and revoke on separate days.[5]
  5. Though it's effective by a Nessuah, taking back one's upholding of an Arusah's Neder does not allow him to then revoke it.[6]

After Nissuin

  1. The husband can revoke her Nedarim exclusively from Nissuin and on.[7] Even if his wife is shrieking in disapproval, she cannot prevent her husband from revoking her Nedarim.[8]

Divorce

  1. If they get divorced, the husband cannot revoke her Nedarim from the moment the divorce has taken effect and the Get has arrived in her hands. Thus, if the status of the divorce is unclear, he should not revoke any of her Nedarim.[9] Similarly, if the divorce was made on condition or if the Get was handed to her courier (Shliach leHolacha)[10], he should not revoke any of her Nedarim if the Get arrived in her hands.[11] Post-facto, it would not be a valid Hafarah[12], unless it was a Get on conditio and the condition was not fulfilled.[13]

Widowed

  1. If she heard that her husband passed away, remarried, and then found out that he's still alive, neither husband can revoke her Nedarim. The same is true regarding any marriage that violates a Karet level prohibition.[14]

Types of Marriages

  1. As above, these Halachot assume the marriage is a Halachically valid one. If the marriage entails an Issur Karet, these Halachot do not apply, because Kiddushin does not work in such cases.[15] However, if the marriage is to a Niddah, Issur Aseh, or Issur Lav, in which case, Kiddushin do take hold, and the husband revokes her Neder, the revocation is successful,[16] though he should not do so, ideally.[17]

Types of Nedarim

  1. The husband and father can only revoke Nedarim that are self afflicting to the woman or strain the bond between him and her. A Chacham, however, can annul any Neder.[18]
  2. Even if it was a Nedar Al Da'at Rabbim, the father and husband can still revoke it.[19]
  3. These Halachot apply equally to Shevuot, as well.[20]

Sources

  1. ↑ Shulchan Aruch Yoreh Deah 234:1
  2. ↑ Shulchan Aruch Yoreh Deah 234:5, see Shulchan Aruch Even HaEzer 56:1 regarding when he would be obligated to feed her.
  3. ↑ Shulchan Aruch Yoreh Deah 234:5
  4. ↑ Taz Yoreh Deah 234:4
  5. ↑ Shulchan Aruch Yoreh Deah 234:5 presents these two as a Stam vaYesh. The Tur thinks the Ramban is logical, so the Taz (Yoreh Deah 234:6) writes the Shulchan Aruch paskened Safek De'Oraita leChumra. Bach quoted by Shach Yoreh Deah 234:13 points out that one should be Machmir, especially since it's a Stam vaYesh.
  6. ↑ Shulchan Aruch Yoreh Deah 234:6, who omits the Rashba's position that this is only true if the father does it
  7. ↑ Shulchan Aruch Yoreh De'ah 234:2
  8. ↑ Shu"t HaRivash Siman 407, Beit Yosef Yoreh Deah 234:2-3
  9. ↑ Shulchan Aruch Yoreh De'ah 234:2
  10. ↑ Taz Yoreh Deah 234:1. Shach Yoreh Deah 234:6 who quotes the Bach who argues that a Shaliach cannot be considered her hand with respect to this.
  11. ↑ Shulchan Aruch Yoreh De'ah 234:3
  12. ↑ Bach Yoreh Deah 234:4, Shach Yoreh Deah 234:7
  13. ↑ Shach Yoreh Deah 234:8
  14. ↑ Shulchan Aruch Yoreh De'ah 234:4
  15. ↑ Shulchan Aruch Yoreh De'ah 234:4
  16. ↑ Shulchan Aruch Yoreh De'ah 234:5, Taz Yoreh Deah 234:2
  17. ↑ Shach Yoreh De'ah 234:10
  18. ↑ Shulchan Aruch Yoreh De'ah 234:55,58, Shach Yoreh Deah 234:1
  19. ↑ Shulchan Aruch Yoreh Deah 228:24, Shulchan Aruch Yoreh Deah 234:1, Shach Yoreh Deah 234:4
  20. ↑ Shulchan Aruch Yoreh De'ah 234:3, Shach Yoreh Deah 234:2
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