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Hafarat Nedarim: Difference between revisions
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→How to Revoke (Meifer) or Uphold (Meikim) a Neder: yom shomo and who's capable 234:25-27
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= How to Revoke (Meifer) or Uphold (Meikim) a Neder = | = How to Revoke (Meifer) or Uphold (Meikim) a Neder = | ||
# Even if the one upholds the Neder, if the woman goes to a Beit Din for Hatarat Nedarim and gets it annulled, the Hatarah works,<ref>Shulchan Aruch Yoreh Deah 234:23</ref> though some are stringent and only allow such when he remained silent, not when he upheld the Neder.<ref>Rama ibid admits the former opinion is correct but opts to be stringent for the latter opinion. Taz Yoreh Deah 234:26 explains that this is based on כל אשה על דעת בעלה היא נודרת, and the Shach Yoreh Deah 234:37 adds that certainly if the husband didn't hear of the Neder one can be lenient. If it's past the day he heard of it, then the Shach (Yoreh Deah 234:38-39) recommends he should first annul his upholding of the Neder, then revoke her Neder, and then she should go to Beit Din unless he's not available, in which case, one can rely on the first opinion and just let her get it annulled.</ref> | # Even if the one upholds the Neder, if the woman goes to a Beit Din for Hatarat Nedarim and gets it annulled, the Hatarah works,<ref>Shulchan Aruch Yoreh Deah 234:23</ref> though some are stringent and only allow such when he remained silent, not when he upheld the Neder.<ref>Rama ibid admits the former opinion is correct but opts to be stringent for the latter opinion. Taz Yoreh Deah 234:26 explains that this is based on כל אשה על דעת בעלה היא נודרת, and the Shach Yoreh Deah 234:37 adds that certainly if the husband didn't hear of the Neder one can be lenient. If it's past the day he heard of it, then the Shach (Yoreh Deah 234:38-39) recommends he should first annul his upholding of the Neder, then revoke her Neder, and then she should go to Beit Din unless he's not available, in which case, one can rely on the first opinion and just let her get it annulled. Rabbi Akiva Eiger (ad loc.) thinks that he does not need to revoke the Neder in between.</ref> | ||
=Timing= | |||
== Yom Shomo == | == Yom Shomo == | ||
# A Neder may only be revoked on the day it was heard of (Yom Shomo) until Shekiah.<ref>Shulchan Aruch Yoreh Deah 234:21</reF> | # A Neder may only be revoked on the day it was heard of (Yom Shomo) until Shekiah.<ref>Shulchan Aruch Yoreh Deah 234:21</reF> | ||
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# If he's silent with intention to uphold it right away, then the mental upholding of the Neder takes effect, and he cannot revoke it any longer.<ref>Shach Yoreh Deah 234:35, see Shulchan Aruch Yoreh Deah 234:41</ref> | # If he's silent with intention to uphold it right away, then the mental upholding of the Neder takes effect, and he cannot revoke it any longer.<ref>Shach Yoreh Deah 234:35, see Shulchan Aruch Yoreh Deah 234:41</ref> | ||
# One who responded to his wife's informing him that she took a Neder with a language that he was unaware meant he's upholding it cannot effectively revoke it later that day, even if he did already, unless he requests to annul the upholding. Then, retroactively, his revoking will be effective.<ref>Shulchan Aruch Yoreh Deah 234:22</ref> | # One who responded to his wife's informing him that she took a Neder with a language that he was unaware meant he's upholding it cannot effectively revoke it later that day, even if he did already, unless he requests to annul the upholding. Then, retroactively, his revoking will be effective.<ref>Shulchan Aruch Yoreh Deah 234:22</ref> | ||
# A deaf person cannot revoke Nedarim, because he cannot hear of them.<ref>Shulchan Aruch Yoreh Deah 234:25</ref> However, if the father or husband is not deaf but just has not heard of the Neder, some say he can revoke it even before hearing of it,<ref>Shulchan Aruch Yoreh Deah 234:25</ref>, while others disagree. Although, if he did revoke it and heard of it afterwards, it would be effective retroactively.<ref>Rama ibid. Shach Yoreh Deah 234:42 clarifies that he must stipulate that it should take effect when he hears of it.</ref> | |||
# A Shoteh cannot revoke Nedarim,<ref>Shulchan Aruch Yoreh Deah 234:26</ref> nor can a minor, as he's not capable of getting married.<ref>Shulchan Aruch Yoreh Deah 234:27</ref> | |||
= Stages of Marriage = | = Stages of Marriage = | ||
== Prior to Kiddushin/Erusin == | == Prior to Kiddushin/Erusin == | ||
