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Hafarat Nedarim: Difference between revisions
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# 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. Birkei Yosef (Yoreh Deah 234:3 cites Radbaz who agrees. Taz Yoreh Deah 234:26 explains that this is based on כל אשה על דעת בעלה היא נודרת, but the Gra writes that Hakama strengthens the Neder too much for Hatarah to work. See Shu"t Teshuvot veHanhagot vol. 1 Siman 524 who discusses the practical difference of the father instead of the husband upholding his daughter's Neder. 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> | # 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. Birkei Yosef (Yoreh Deah 234:3 cites Radbaz who agrees. Taz Yoreh Deah 234:26 explains that this is based on כל אשה על דעת בעלה היא נודרת, but the Gra writes that Hakama strengthens the Neder too much for Hatarah to work. See Shu"t Teshuvot veHanhagot vol. 1 Siman 524 who discusses the practical difference of the father instead of the husband upholding his daughter's Neder. 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> | ||
# One can revoke two of his wives' or two of his daughters' Nefarim at the same time, though some disagree.<ref>Shulchan Aruch Yoreh Deah 234:29 presents it as a [[Stam vaYesh]]</ref> | # One can revoke two of his wives' or two of his daughters' Nefarim at the same time, though some disagree.<ref>Shulchan Aruch Yoreh Deah 234:29 presents it as a [[Stam vaYesh]]</ref> | ||
# Any time one revokes his wife or daughter's Neder, he must have full knowledge of which wife or daughter took the Neder and what the Neder was about. If he revokes it and then finds out the correct details within [[Toch Kedei Dibbur]], the Hafarah is valid if he would like it to count. In such a case, he does not need to perform another Hafarah.<ref>Shulchan Aruch Yoreh Deah 234:31</ref> If he only finds out the rest of the details on the next day, he has that entire day to revoke the Neder, because the partial knowledge he had previously was insufficient to count the day he heard it Yom Shomo. Therefore, even if he mistakenly upheld the Neder on the previous day, it was invalid and is irrelevant to revoking it on the day he discovers the complete set of details.<ref>Shulchan Aruch Yoreh Deah 234:32</ref> | |||
== 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> | ||
