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Hafarat Nedarim: Difference between revisions
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→Widowed: nitalmena after nissuin or mesirah 234:12
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=== Widowed === | === Widowed === | ||
# Once she enters her husband's domain either by Nissuin or transfer to the husband's messengers exclusive escort,<ref>The Tur disagrees with this point and maintains that Mesirah to Sheluchei HaBaal and then Mitat HaBaal does not completely eject her from her father's Reshut - i.e. she's still in his domain with respect to Nedarim. The Beit Yosef thinks that there is no such distinction. The Bach sides with the Tur, but the Taz (Yoreh Deah 234:14) and Shach (Yoreh Deah 234:25) have numerous proofs that the Beit Yosef is right. In fact, the Taz argues there is a printing error in the Tur that resolves the whole difficulty and brings the Tur's position in line with everyone else's.</ref> if she is widowed, she can no longer return to her father's domain and her Nedarim remain intact.<ref>Shulchan Aruch Yoreh Deah 234:12</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> | # 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 = | = 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> | # 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> | ||
