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Hafarat Nedarim: Difference between revisions
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MordechaiD (talk | contribs) (→How to Revoke (Meifer) or Uphold (Meikim) a Neder: yom shomo and who's capable 234:25-27) |
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= How to Revoke (Meifer) or Uphold (Meikim) a Neder = | = How to Revoke (Meifer) or Uphold (Meikim) a Neder = | ||
# 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, and 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> | # 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, and 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> | ||
# One can revoke two of his wives' or two of his daughters' Nefarim at the same time, though some disagree.<ref>Shulchan Aruch Yoreh Deah 234:29 presents it as a [[Stam vaYesh]]</ref> | |||
== Yom Shomo == | == Yom Shomo == | ||
# A Neder may only be revoked on the day it was heard of (Yom Shomo) until Shekiah.<ref>Shulchan Aruch Yoreh Deah 234:21</reF> | # A Neder may only be revoked on the day it was heard of (Yom Shomo) until Shekiah.<ref>Shulchan Aruch Yoreh Deah 234:21</reF> | ||
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# A deaf person cannot revoke Nedarim, because he cannot hear of them.<ref>Shulchan Aruch Yoreh Deah 234:25</ref> However, if the father or husband is not deaf but just has not heard of the Neder, some say he can revoke it even before hearing of it,<ref>Shulchan Aruch Yoreh Deah 234:25</ref>, while others disagree. Although, if he did revoke it and heard of it afterwards, it would be effective retroactively.<ref>Rama ibid. Shach Yoreh Deah 234:42 clarifies that he must stipulate that it should take effect when he hears of it.</ref> | # A deaf person cannot revoke Nedarim, because he cannot hear of them.<ref>Shulchan Aruch Yoreh Deah 234:25</ref> However, if the father or husband is not deaf but just has not heard of the Neder, some say he can revoke it even before hearing of it,<ref>Shulchan Aruch Yoreh Deah 234:25</ref>, while others disagree. Although, if he did revoke it and heard of it afterwards, it would be effective retroactively.<ref>Rama ibid. Shach Yoreh Deah 234:42 clarifies that he must stipulate that it should take effect when he hears of it.</ref> | ||
# A Shoteh cannot revoke Nedarim,<ref>Shulchan Aruch Yoreh Deah 234:26</ref> nor can a minor, as he's not capable of getting married.<ref>Shulchan Aruch Yoreh Deah 234:27</ref> | # A Shoteh cannot revoke Nedarim,<ref>Shulchan Aruch Yoreh Deah 234:26</ref> nor can a minor, as he's not capable of getting married.<ref>Shulchan Aruch Yoreh Deah 234:27</ref> | ||
# One cannot revoke a Neder until it's articulated. Once it has been articulated, even if the Neder hasn't taken effect yet or the woman is not present, it can be revoked once it's heard of.<ref>Shulchan Aruch Yoreh Deah 234:28</ref> Some say this is only possible by Nedarim that are time dependent to take effect, not action dependent.<ref>Rama ibid. The Shach Yoreh Deah 234:45 complains that the Beit Yosef incorrectly cites the Rabbeinu Yerucham this Halacha is based on. What he actually says is that a woman who stipulates that a Neder should take effect depending on something that is "Inui Nefesh" or "Beino leVeinah" is in his range of revoking and Nedarim that don't have such a stipulation are not. The Shach recommends being stringent by Issurei DeOraita.</ref> | |||
# One cannot appoint a Shaliach to revoke or uphold a woman's Nedarim.<ref>Shulchan Aruch Yoreh Deah 234:30</ref> | |||
= Stages of Marriage = | = Stages of Marriage = | ||
