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Hafarat Nedarim: Difference between revisions
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# 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> | # 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 ("Nitroknah Reshut LaAv"), and her father can revoke any and all Nedarim she has taken, even those taken during Erusin that the husband heard, if the husband died or revoked them himself the same day, regardless of there being a Yavam and Ma'amar. 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. 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 ("Nitroknah Reshut LaAv"), and her father can revoke any and all Nedarim she has taken, even those taken during Erusin that the husband heard, if the husband died or revoked them himself the same day, regardless of there being a Yavam and Ma'amar. 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. The Taz Yoreh Deah 234:13 does not like this explanation of the Rambam. The Bach holds that the husband hearing before dying ruins the fathers ability of revoking it going forward, but the Gra actually thinks the reverse is true. Chazon Ish Nashim Siman 136 Perek Naarah HaMeorasah 1</ref> | ||
# If the father revokes his daughter's Neder during Erusin, he weakens the Neder enough that if the husband then dies without revoking it on the day he hears of it, it doesn't revert to his purview. However, if the husband died on that day, then the father can again revoke the Neder completely. Moreover, if she is Mekudeshet again on that day, even if the original Arus died the day after the father heard of the Neder, the father and final Arus can revoke her Nedarim jointly, even though the first Arus heard the Neder; although, some disagree.<ref>Shulchan Aruch Yoreh Deah 234:16. See Shach Yoreh Deah 234:33 regarding how to harmonize this with the Rambam's position that both father and Arus must hear the Neder on the same day. The Tur took issue with the language of the Rambam that says that if the Arus heard the Neder before dying, then the final one cannot revoke the Neder. See Beit Yosef and Bach for reconciliation of the Rambam with the Halacha and other Poskim and Taz (Yoreh Deah 234:24) for an upholding of this version of the Rambam's position leHalacha.</ref> | # If the father revokes his daughter's Neder during Erusin, he weakens the Neder enough that if the husband then dies without revoking it on the day he hears of it, it doesn't revert to his purview. However, if the husband died on that day, then the father can again revoke the Neder completely. Moreover, if she is Mekudeshet again on that day, even if the original Arus died the day after the father heard of the Neder, the father and final Arus can revoke her Nedarim jointly, even though the first Arus heard the Neder; although, some disagree.<ref>Shulchan Aruch Yoreh Deah 234:16. See Shach Yoreh Deah 234:33 regarding how to harmonize this with the Rambam's position that both father and Arus must hear the Neder on the same day. The Tur took issue with the language of the Rambam that says that if the Arus heard the Neder before dying, then the final one cannot revoke the Neder. See Beit Yosef and Bach for reconciliation of the Rambam with the Halacha and other Poskim and Taz (Yoreh Deah 234:24) for an upholding of this version of the Rambam's position leHalacha.</ref> | ||
# If a woman took Nedarim as an Arusah and then her husband died, whether he heard of the Nedarim or not, her father heard of them, and she was Mekudeshet again, even a hundred times on that day, the father and final Arus can jointly revoke her Nedarim. If the father didn't hear yet, then they can revoke the Nedarim on the day they both hear.<ref>Shulchan Aruch Yoreh Deah 234:17</ref> | # If a woman took Nedarim as an Arusah and then her husband died, whether he heard of the Nedarim or not, her father heard of them, and she was Mekudeshet again, even a hundred times on that day, the father and final Arus can jointly revoke her Nedarim. If the father didn't hear yet, then they can revoke the Nedarim on the day they both hear.<ref>Shulchan Aruch Yoreh Deah 234:17</ref> | ||
