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Hafarat Nedarim: Difference between revisions
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→Widowed: father revoked before husband died 234:16, fixed up 234:11
MordechaiD (talk | contribs) (→During Erusin: orphaned 234:15) |
MordechaiD (talk | contribs) (→Widowed: father revoked before husband died 234:16, fixed up 234:11) |
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# The joint revoking of an Arusah's Nedarim must be completed while both father and Arus are still alive; hence, if the father dies during Erusin, regardless of both father and husband hearing the Neder and either of the two revoking it, the Hafarah is incomplete and the Neder can never be revoked.<ref>Shulchan Aruch Yoreh Deah 234:15</ref> | # The joint revoking of an Arusah's Nedarim must be completed while both father and Arus are still alive; hence, if the father dies during Erusin, regardless of both father and husband hearing the Neder and either of the two revoking it, the Hafarah is incomplete and the Neder can never be revoked.<ref>Shulchan Aruch Yoreh Deah 234:15</ref> | ||
=== Widowed === | === Widowed === | ||
# If the Arus dies while she's a Naarah, the Yavam cannot revoke her Nedarim, even if he does Maamar.<ref>Shulchan Aruch Yoreh Deah 234:7</ref>. Rather, she returns to her father's domain, and her father can revoke any and all Nedarim she has taken, even those taken during Erusin that the husband heard, if | # If the Arus dies while she's a Naarah, the Yavam cannot revoke her Nedarim, even if he does Maamar.<ref>Shulchan Aruch Yoreh Deah 234:7</ref>. Rather, she returns to her father's domain ("Nitroknah Reshut LaAv"), and her father can revoke any and all Nedarim she has taken, even those taken during Erusin that the husband heard, if the husband died or revoked them himself the same day, regardless of there being a Yavam and Ma'amar. However, if the husband upheld the Neder or only died a day after hearing it, the father cannot revoke it. Although, according to the Rambam, if the husband did revoke it before dying and then the father heard, the father cannot revoke it.<ref>Shulchan Aruch Yoreh Deah 234:11. See Bedek HaBayit. The Taz Yoreh Deah 234:13 does not like this explanation of the Rambam.</ref> | ||
# If the father revokes his daughter's Neder during Erusin, he weakens the Neder enough that if the husband then dies without revoking it on the day he hears of it, it doesn't revert to his purview. However, if the husband died on that day, then the father can again revoke the Neder completely. Moreover, if she is Mekudeshet again on that day, even a hundred times, the father and final Arus can revoke her Nedarim jointly, even though the first Arus heard the Neder; although, some disagree.<ref>Shulchan Aruch Yoreh Deah 234:16. See Shach Yoreh Deah 234:33 regarding how to harmonize this with the Rambam's position that both father and Arus must hear the Neder on the same day.</ref> | |||
== After Nissuin == | == After Nissuin == | ||
