Hafarat Nedarim: Difference between revisions
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== Prior to Kiddushin/Erusin == | == 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> | ||
# The practice of Talmidei Chachamim is to tell their daughters prior to Kiddushin that all Nedarim they have taken are hereby revoked.<ref>Shulchan Aruch Yoreh Deah 234:10</ref> In fact, Rav Moshe Shternbuch advises | # The practice of Talmidei Chachamim is to tell their daughters prior to Kiddushin that all Nedarim they have taken are hereby revoked.<ref>Shulchan Aruch Yoreh Deah 234:10</ref> In fact, Rav Moshe Shternbuch advises even nowadays this should be practiced prior to one's daughter becoming a bogeret and she should be informed, because a father who compliments his daughter on some good deed might essentially be upholding her Neder to continue doing it.<ref>Shu"T Teshuvot veHanhagot vol. 1 Yoreh Deah Siman 524</ref> | ||
== During Erusin == | == During Erusin == | ||
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== After Nissuin == | == 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 | # The husband can revoke her Nedarim exclusively from Nissuin and on.<ref>Shulchan Aruch Yoreh De'ah 234:2</ref> Even if his wife disapproves, she cannot prevent her husband from revoking her Nedarim.<ref>Shu"t HaRivash Siman 407, Beit Yosef Yoreh Deah 234:2-3</ref> | ||
=== Divorced === | === Divorced === | ||
# Even if the husband did not hear her Nedarim during Nissuin, divorce closes the door on revoking them, even if he returns and enters Erusin with her again, since he needs the father's partnership to revoke Nedarim during Erusin.<ref>Shulchan Aruch Yoreh Deah 234:14</ref> Certainly Nedarim she takes during this Erusin after divorce from Nissuin are out of his range, as well.<ref>Shach Yoreh Deah 234:28, Taz Yoreh Deah 234:17</ref> | # Even if the husband did not hear her Nedarim during Nissuin, divorce closes the door on revoking them, even if he returns and enters Erusin with her again, since he needs the father's partnership to revoke Nedarim during Erusin.<ref>Shulchan Aruch Yoreh Deah 234:14</ref> Certainly Nedarim she takes during this Erusin after divorce from Nissuin are out of his range, as well.<ref>Shach Yoreh Deah 234:28, Taz Yoreh Deah 234:17</ref> | ||
