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Hafarat Nedarim: Difference between revisions
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→Divorced: no hafarah after gerushin from nissuin when hearing during erusin 234:14
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# The husband can revoke her Nedarim exclusively from Nissuin and on.<ref>Shulchan Aruch Yoreh De'ah 234:2</ref> Even if his wife is shrieking in disapproval, she cannot prevent her husband from revoking her Nedarim.<ref>Shu"t HaRivash Siman 407, Beit Yosef Yoreh Deah 234:2-3</ref> | # The husband can revoke her Nedarim exclusively from Nissuin and on.<ref>Shulchan Aruch Yoreh De'ah 234:2</ref> Even if his wife is shrieking in disapproval, 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> | |||
# If they get divorced, the husband cannot revoke her Nedarim from the moment the divorce has taken effect and the Get has arrived in her hands. Thus, if the status of the divorce is unclear, he should not revoke any of her Nedarim.<ref>Shulchan Aruch Yoreh De'ah 234:2</ref> Similarly, if the divorce was made on condition or if the Get was handed to her courier (Shliach leHolacha)<ref>Taz Yoreh Deah 234:1. Shach Yoreh Deah 234:6 who quotes the Bach who argues that a Shaliach cannot be considered her hand with respect to this.</ref>, he should not revoke any of her Nedarim if the Get arrived in her hands.<ref>Shulchan Aruch Yoreh De'ah 234:3</ref> Post-facto, it would not be a valid Hafarah<ref>Bach Yoreh Deah 234:4, Shach Yoreh Deah 234:7</ref>, unless it was a Get on condition and the condition was not fulfilled.<ref>Shach Yoreh Deah 234:8</ref> | # If they get divorced, the husband cannot revoke her Nedarim from the moment the divorce has taken effect and the Get has arrived in her hands. Thus, if the status of the divorce is unclear, he should not revoke any of her Nedarim.<ref>Shulchan Aruch Yoreh De'ah 234:2</ref> Similarly, if the divorce was made on condition or if the Get was handed to her courier (Shliach leHolacha)<ref>Taz Yoreh Deah 234:1. Shach Yoreh Deah 234:6 who quotes the Bach who argues that a Shaliach cannot be considered her hand with respect to this.</ref>, he should not revoke any of her Nedarim if the Get arrived in her hands.<ref>Shulchan Aruch Yoreh De'ah 234:3</ref> Post-facto, it would not be a valid Hafarah<ref>Bach Yoreh Deah 234:4, Shach Yoreh Deah 234:7</ref>, unless it was a Get on condition and the condition was not fulfilled.<ref>Shach Yoreh Deah 234:8</ref> | ||
