Hafarat Nedarim: Difference between revisions

# Even if the one upholds the Neder, if the woman goes to a Beit Din for Hatarat Nedarim and gets it annulled, the Hatarah works,<ref>Shulchan Aruch Yoreh Deah 234:23</ref> though some are stringent and only allow such when he remained silent, not when he upheld the Neder.<ref>Rama ibid admits the former opinion is correct but opts to be stringent for the latter opinion. Taz Yoreh Deah 234:26 explains that this is based on כל אשה על דעת בעלה היא נודרת, but the Gra writes that Hakama strengthens the Neder too much for Hatarah to work. See Shu"t Teshuvot veHanhagot vol. 1 Siman 524 who discusses the practical difference of the father instead of the husband upholding his daughter's Neder. The Shach Yoreh Deah 234:37 adds that certainly if the husband didn't hear of the Neder one can be lenient. If it's past the day he heard of it, then the Shach (Yoreh Deah 234:38-39) recommends he should first annul his upholding of the Neder, then revoke her Neder, and then she should go to Beit Din unless he's not available, in which case, one can rely on the first opinion and just let her get it annulled. Rabbi Akiva Eiger (ad loc.) thinks that he does not need to revoke the Neder in between.</ref>