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Hafarat Nedarim: Difference between revisions
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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: | # 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> unless the first Arus already heard her Neder before he divorced her. If he did, then we assume stringently that divorce is considered upholding the Neder and there is no way to revoke it. Only if he didn't hear it before divorcing does the opportunity to revoke remain latent.<ref>Shulchan Aruch Yoreh Deah 234:20</ref> | ||
# Unlike a widow, a divorcee's Nedarim are only available to the future Arus and father to revoke together if the previous Arus did not hear of the Neder. If he does, then we're stringent to assume divorce to be like upholding the Neder. Of course, in any case, she must still be a Na'arah and have not reached Nissuin from any marriage, in which case, if the father and later Arus hear of the Neder on the same day, they can together revoke it. Once the father hears it, then the Neder must be revoked by him and the Arus on that day for it to be effective. Therefore, even if she is divorced and reenters Kiddushin a hundred times on that day, the Neder can still be revoked by the father and and final Arus, since the first one did not hear it.<ref>Shulchan Aruch Yoreh Deah 234:18-19</ref> | # Unlike a widow, a divorcee's Nedarim are only available to the future Arus and father to revoke together if the previous Arus did not hear of the Neder. If he does, then we're stringent to assume divorce to be like upholding the Neder. Of course, in any case, she must still be a Na'arah and have not reached Nissuin from any marriage, in which case, if the father and later Arus hear of the Neder on the same day, they can together revoke it. Once the father hears it, then the Neder must be revoked by him and the Arus on that day for it to be effective. Therefore, even if she is divorced and reenters Kiddushin a hundred times on that day, the Neder can still be revoked by the father and and final Arus, since the first one did not hear it.<ref>Shulchan Aruch Yoreh Deah 234:18-19</ref> | ||
