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Hafarat Nedarim: Difference between revisions

From Halachipedia
→‎Divorced: gerushin from erusin 234:13
(→‎Widowed: nitalmena after nissuin or mesirah 234:12)
(→‎Divorced: gerushin from erusin 234:13)
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# If neither the husband nor father of a Naarah HaMeorasah hears of her Nedarim before she becomes a Bogeret during Erusin, neither can revoke her Nedarim any longer, even if the father already revoked the Nedar, because the father cannot revoke the Nedarim of a Bogeret and the husband can only revoke Nedarim during Erusin in tandem with the father.<ref>Shulchan Aruch Yoreh Deah 234:9, Shach Yoreh Deah 234:19</ref>
# If neither the husband nor father of a Naarah HaMeorasah hears of her Nedarim before she becomes a Bogeret during Erusin, neither can revoke her Nedarim any longer, even if the father already revoked the Nedar, because the father cannot revoke the Nedarim of a Bogeret and the husband can only revoke Nedarim during Erusin in tandem with the father.<ref>Shulchan Aruch Yoreh Deah 234:9, Shach Yoreh Deah 234:19</ref>
=== Divorced ===
=== Divorced ===
# If an Arusah is divorced and enters Erusin again to the same suitor or a different one, the father and final Arus can jointly revoke her Nedarim.<ref>Shulchan Aruch Yoreh Deah 234:13</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 he died or revoked them himself the same day, and even if there's a Yavam who even did Maamar. 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. This is known as "Nitroknah Reshut LaAv." The Taz Yoreh Deah 234:13 does not like this explanation of the Rambam.</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, and her father can revoke any and all Nedarim she has taken, even those taken during Erusin that the husband heard, if he died or revoked them himself the same day, and even if there's a Yavam who even did Maamar. 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. This is known as "Nitroknah Reshut LaAv." The Taz Yoreh Deah 234:13 does not like this explanation of the Rambam.</ref>