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Hafarat Nedarim: Difference between revisions
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# 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> | ||
= 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. According to the Rambam that the father can revoke any Nedarim, see Shu"t Minchat Shlomo Kamma Siman 62:12, Tinyana Siman 110, and Minchat Shlomo Nedarim Shiurim Siman 12 regarding whether he can also revoke Hafrashat Terumah and Hekdesh or not</ref> | ||
# Even if it was a Nedar Al Da'at Rabbim, the father and husband can still revoke it.<ref>Shulchan Aruch Yoreh Deah 228:24, Shulchan Aruch Yoreh Deah 234:1, Shach Yoreh Deah 234:4</ref> | # Even if it was a Nedar Al Da'at Rabbim, the father and husband can still revoke it.<ref>Shulchan Aruch Yoreh Deah 228:24, Shulchan Aruch Yoreh Deah 234:1, Shach Yoreh Deah 234:4</ref> | ||
# These Halachot apply equally to Shevuot, as well.<ref>Shulchan Aruch Yoreh De'ah 234:3, Shach Yoreh Deah 234:2</ref> | # These Halachot apply equally to Shevuot, as well.<ref>Shulchan Aruch Yoreh De'ah 234:3, Shach Yoreh Deah 234:2</ref> | ||
= Shabbat = | = Shabbat = | ||
See [[Nedarim on Shabbat]] | See [[Nedarim on Shabbat]] | ||
