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Hafarat Nedarim: Difference between revisions
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# As an Arusah, a Ketana or Na'arah partially enters her husband's domain, so he can revoke her Nedarim she takes during Erusin or even beforehand in tandem with her father, until she enters the Chuppah and does Nissuin. Only when she fully enters his domain with Chuppah and Nissuin can the husband alone revoke her Nedarim, even if in the meantime he becomes obligated to feed her during Erusin.<ref>Shulchan Aruch Yoreh Deah 234:5, see Shulchan Aruch Even HaEzer 56:1 regarding when he would be obligated to feed her.</ref> | # As an Arusah, a Ketana or Na'arah partially enters her husband's domain, so he can revoke her Nedarim she takes during Erusin or even beforehand in tandem with her father, until she enters the Chuppah and does Nissuin. Only when she fully enters his domain with Chuppah and Nissuin can the husband alone revoke her Nedarim, even if in the meantime he becomes obligated to feed her during Erusin.<ref>Shulchan Aruch Yoreh Deah 234:5, see Shulchan Aruch Even HaEzer 56:1 regarding when he would be obligated to feed her.</ref> | ||
# If either the father or the husband revokes her Neder but the other does not, the Neder is weakened but not revoked, so she would not receive Malkot if she violates it from then on.<ref>Shulchan Aruch Yoreh Deah 234:5</ref> | # If either the father or the husband revokes her Neder but the other does not, the Neder is weakened but not revoked, so she would not receive Malkot if she violates it from then on.<ref>Shulchan Aruch Yoreh Deah 234:5</ref> | ||
# According to the Rambam, both father and husband have to hear of and revoke the Neder on the same day, while the Ramban argues each one can hear and revoke on separate days.<ref>Shulchan Aruch Yoreh Deah 234:5 presents these two as a Stam vaYesh. The Tur thinks the Ramban is logical, so the Taz (Yoreh Deah 234:6) writes the Shulchan Aruch paskened Safek De'Oraita leChumra. Bach quoted by Shach Yoreh Deah 234:13 points out that one should be Machmir, especially since it's a Stam vaYesh.</ref> | # According to the Rambam, both father and husband have to hear of and revoke the Neder on the same day, while the Ramban argues each one can hear and revoke on separate days.<ref>Shulchan Aruch Yoreh Deah 234:5 presents these two as a Stam vaYesh. The Tur thinks the Ramban is logical, so the Taz (Yoreh Deah 234:6) writes the Shulchan Aruch paskened Safek De'Oraita leChumra. Bach quoted by Shach Yoreh Deah 234:13 points out that one should be Machmir, especially since it's a Stam vaYesh.</ref> The Chazon Ish understands from the Rambam that if the Arus hears and then dies without the father hearing, the father can still revoke it whenever he hears it, even days later, because only when the revoking is going to be done by the two of them in tandem do they both have to revoke it on the same day. Here, the father will be doing it alone.<ref>Chazon Ish Nashim Siman 136 Perek Elu Nearot 3</ref> | ||
# Though it's effective by a Nessuah, taking back one's upholding of an Arusah's Neder does not allow him to then revoke it.<ref>Shulchan Aruch Yoreh Deah 234:6, who omits the Rashba's position that this is only true if the father does it. The Shach Yoreh Deah 234:16 posits this is true even if he takes it back on the same day.</ref> | # Though it's effective by a Nessuah, taking back one's upholding of an Arusah's Neder does not allow him to then revoke it.<ref>Shulchan Aruch Yoreh Deah 234:6, who omits the Rashba's position that this is only true if the father does it. The Shach Yoreh Deah 234:16 posits this is true even if he takes it back on the same day.</ref> | ||
# Prior to Nissuin, the practice of Talmidei Chachamim is to inform their wives that all Nedarim taken previously are hereby revoked, because a husband cannot revoke any Nedarim taken prior to Nissuin, even if the father heard and revoked it during Erusin.<ref>Shulchan Aruch Yoreh Deah 234:10</ref> | # Prior to Nissuin, the practice of Talmidei Chachamim is to inform their wives that all Nedarim taken previously are hereby revoked, because a husband cannot revoke any Nedarim taken prior to Nissuin, even if the father heard and revoked it during Erusin.<ref>Shulchan Aruch Yoreh Deah 234:10</ref> | ||
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=== 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 ("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. The Bach holds that the husband hearing before dying ruins the fathers ability of revoking it going forward, but the Gra actually thinks the reverse is true. Chazon Ish Nashim Siman 136 Perek Naarah HaMeorasah 1</ref> | # 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. The Bach holds that the husband hearing before dying ruins the fathers ability of revoking it going forward, but the Gra actually thinks the reverse is true. Chazon Ish Nashim Siman 136 Perek Naarah HaMeorasah 1</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 if the original Arus died the day after the father heard of the Neder, 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. The Tur took issue with the language of the Rambam that says that if the Arus heard the Neder before dying, then the final one cannot revoke the Neder. See Beit Yosef and Bach for reconciliation of the Rambam with the Halacha and other Poskim and Taz (Yoreh Deah 234:24) for an upholding of this version of the Rambam's position leHalacha.</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 if the original Arus died the day after the father heard of the Neder, 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. The Tur took issue with the language of the Rambam that says that if the Arus heard the Neder before dying, then the final one cannot revoke the Neder. See Beit Yosef and Bach for reconciliation of the Rambam with the Halacha and other Poskim and Taz (Yoreh Deah 234:24) for an upholding of this version of the Rambam's position leHalacha. The Chazon Ish (Nashim Siman 136 Perek Elu Nearot 4) points out that, although the Ran calls the second Arus "the feet of the first [Arus]," in truth, the second Arus's right to revoke stems from the father, who himself retrieves the Zechut whenever the Arus dies. He also says that the Halacha of Yom Shomo for the father only applies when revoking in tandem with someone else, not with oneself. As such, if the father revokes it and the Arus dies, the father can revoke it again the next day.</ref> | ||
# If a woman took Nedarim as an Arusah and then her husband died, whether he heard of the Nedarim or not, her father heard of them, and she was Mekudeshet again, even a hundred times on that day, the father and final Arus can jointly revoke her Nedarim. If the father didn't hear yet, then they can revoke the Nedarim on the day they both hear.<ref>Shulchan Aruch Yoreh Deah 234:17</ref> | # If a woman took Nedarim as an Arusah and then her husband died, whether he heard of the Nedarim or not, her father heard of them, and she was Mekudeshet again, even a hundred times on that day, the father and final Arus can jointly revoke her Nedarim. If the father didn't hear yet, then they can revoke the Nedarim on the day they both hear.<ref>Shulchan Aruch Yoreh Deah 234:17</ref> | ||
