Hatarat Nedarim

From Halachipedia

Hatarat Nedarim is the annulment of vows, which can sometimes be used to annul a vow by a group of three people. For general laws of Nedarim see Hilchot Nedarim.

Requirement for the Bet Din

  1. Hatarat Nedarim should be done in front of three people who know how Hatarat Nedarim functions. [1]
  2. It's good to perform Hatarat Nedarim in front of 10 people so that one is able to annul a Nidduy Chalom. [2]

Procedure

  1. Hatarat Nedarim should be done in a language that one understands, otherwise it isn't valid. [3]
  2. The judges should sit for Hatarat Nedarim and the petitioner should stand.[4]
  3. If one performed a good practice 3 times and didn't say he was doing it Bli Neder and now he wants to nullify the practice, he should perform Hatarat Nedarim. [5]

Who

  1. Minors need not perform hatarat nedarim. [6]
  2. The common practice is that woman do not perform hatarat nedarim and rely on the Kol Nidrei said prior to Yom Kippur. Woman may appoint her husband to do Hatarat Nedarim on her behalf and it is effective, yet one shouldn't convene a bet din specially for this purpose.[7]

Time

  1. Hatarat Nedarim may be done at night and with relatives. [8]Some say that although Hatarat Nedarim may be preformed if one of the judges is a relative of the petitioner, it may not be performed if two of the judges of the Bet Din are relatives to one another.[9]
  2. In general, one should not do Hatarat Nedarim on Shabbat if the Hatarat Nedarim isn't needed for Shabbat. For a congregation there is room to be lenient regarding performing Hatarat Nedarim on Shabbat or on Yom Kippur itself.[10]
  3. The custom is to do hatarat nedarim on erev rosh hashana and erev yom kippur. [11]

Text

Here is the text of Hatarat Nedarim on daat.ac.il

Sources

  1. ↑ Shulchan Aruch YD 228:1 writes that one may do Hatarat Nedarim in front of 3 hedyotot. The Shach YD 228:2 explains that they don't need to be knowledgeable in halacha as long as they know how Hatarat Nedarim works.
  2. ↑ Chazon Ovadyah (p. 263)
  3. ↑ Chayei Adam 138:8, Kitzur Shulchan Aruch 128:16.
  4. ↑ Shulchan Aruch YD 228:2-3 writes that the judges may perform Hatart Nedarim while seated if they uproot the Neder using Charata (regret) but should sit if they are uprooting the Neder using a Petach (a opening). Shach YD 228:9 writes that since the minhag is always to uproot a Neder using a Petach, the minhag is that the judges sit for the Hatarat Nedarim. The Shach also writes that although the petitioner doesn't need to stand, the minhag is that he stands. Rabbi Akiva Eiger (comments on Shulchan Aruch YD 228:1) quotes the Maharikash who argues that the petitioner must stand, however, after the fact he fulfilled his obligation he he said it sitting.
  5. ↑ See Shulchan Aruch YD 214:1, Minchat Shlomo 1:91:20
  6. ↑ Shearim Metzuyanim bihalacha 128:24.
  7. ↑ Rav Schachter in a shiur entitled "Inyonei Rosh Hashana" (min 40-3) on yutorah.org
  8. ↑ Shulchan Aruch YD 228:3 writes that Hatarat Nedarim may be done at night and with relatives.
  9. ↑ Rabbi Hershel Schachter in a shiur on Inyonei Yom Kippur (min 40-2) quotes Rav Aharon Soloveitchik as having ruled that while a relative could perform Hatarat Nedarim in front of a Bet Din with his relative as one of the judges, one may not perform Hatarat Nedarim in front of a Bet Din which has two judges who are relatives of one another. A support for this ruling is Rabbi Akiva Eiger (comments on Shulchan Aruch YD 228:1) who writes that while relatives can serve as a Bet Din for Hatarat Nedarim, a woman can't serve on such a Bet Din.
    • However Rav Shmuel Wosner (M'bet Levi 5754, p. 15, n. 3) held that the judges could be relatives to one another.
  10. ↑ Chazon Ovadyah (p. 263)
  11. ↑ Kaf Hachayim 581:12, Yalkut Yosef Moadim page 22, Yabia Omer OC 2:30, Chazon Ovadia Yamim Noraim page 42, Aruch Hashulchan OC 581:12
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