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Hafarat Nedarim: Difference between revisions
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MordechaiD (talk | contribs) (→Divorced: no hafarah after gerushin from nissuin when hearing during erusin 234:14) |
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# If the Arus sends messengers to retrieve his wife from the father and they return with her alone, then she has left her father's domain and, according to some, is now in her husband's domain with respect to Hafarat Nedarim of any Nedarim she takes going forward,<ref>And neither father nor husband can revoke Nedarim taken between leaving the father's domain and entering the husband's. Beit Yosef Yoreh Deah 238:8, Shach Yoreh Deah 234:18. Taz Yoreh Deah 234:9 takes issue with this position.</ref> as Mesirah is like Nissuin.<ref>Shulchan Aruch Yoreh Deah 234:8. who presents it as a Stam vaYesh, based on a Machaloket Rashi and the Tur against Tosafot with the Rambam seemingly siding with the former group.</ref> | # If the Arus sends messengers to retrieve his wife from the father and they return with her alone, then she has left her father's domain and, according to some, is now in her husband's domain with respect to Hafarat Nedarim of any Nedarim she takes going forward,<ref>And neither father nor husband can revoke Nedarim taken between leaving the father's domain and entering the husband's. Beit Yosef Yoreh Deah 238:8, Shach Yoreh Deah 234:18. Taz Yoreh Deah 234:9 takes issue with this position.</ref> as Mesirah is like Nissuin.<ref>Shulchan Aruch Yoreh Deah 234:8. who presents it as a Stam vaYesh, based on a Machaloket Rashi and the Tur against Tosafot with the Rambam seemingly siding with the former group.</ref> | ||
# If, however, the father or the father's messengers escort her with the husbands's messengers, then she remains in the father's domain until they pass her over to the husband or his messengers.<ref>Shulchan Aruch Yoreh Deah 234:8</ref> | # If, however, the father or the father's messengers escort her with the husbands's messengers, then she remains in the father's domain until they pass her over to the husband or his messengers.<ref>Shulchan Aruch Yoreh Deah 234:8</ref> | ||
=== Bogeret === | === Bagrah \ Bogeret === | ||
# The husband of a Bogeret cannot revoke her Nedarim during Erusin.<ref>Taz Yoreh Deah 234:4</ref> | # The husband of a Bogeret cannot revoke her Nedarim during Erusin.<ref>Taz Yoreh Deah 234:4</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> | # 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> | # 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> | ||
=== Orphaned === | |||
# 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 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> | ||
