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Hatarat Nedarim: Difference between revisions

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→‎Procedure: fix mistake about sitting/standing, three times 228:3
(→‎Procedure: fix mistake about sitting/standing, three times 228:3)
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==Procedure==
==Procedure==
# Hatarat Nedarim should be done in a language that one understands, otherwise it isn't valid. <ref> Chayei Adam 138:8, Kitzur Shulchan Aruch 128:16. </ref>
# Hatarat Nedarim should be done in a language that one understands, otherwise it isn't valid.<ref>Chayei Adam 138:8, Kitzur Shulchan Aruch 128:16. See Rama Yoreh Deah 228:3</ref>
# The judges should sit for Hatarat Nedarim and the petitioner should stand.<ref>Shulchan Aruch YD 228:2-3 writes that the judges may perform Hatart Nedarim while seated if they uproot the Neder using Charata (regret) but should sit if they are uprooting the Neder using a Petach (a opening). Shach YD 228:9 writes that since the minhag is always to uproot a Neder using a Petach, the minhag is that the judges sit for the Hatarat Nedarim. The Shach also writes that although the petitioner doesn't need to stand, the minhag is that he stands. Rabbi Akiva Eiger (comments on Shulchan Aruch YD 228:1) quotes the Maharikash who argues that the petitioner must stand, however, after the fact he fulfilled his obligation he he said it sitting.</ref>
# The judges should sit for Hatarat Nedarim and the petitioner should stand.<ref>Shulchan Aruch YD 228:2-3 writes that the judges may perform Hatart Nedarim while stand if they uproot the Neder using Charata (regret) but should sit if they are uprooting the Neder using a Petach (a opening). Shach YD 228:9 writes that since the minhag is always to uproot a Neder using a Petach, the minhag is that the judges sit for the Hatarat Nedarim. The Shach also writes that although the petitioner doesn't need to stand, the minhag is that he stands. Rabbi Akiva Eiger (comments on Shulchan Aruch YD 228:1) quotes the Maharikash who argues that the petitioner must stand, however, after the fact he fulfilled his obligation he he said it sitting.</ref>
# The judges repeat "Muttar Lach," "Mufar Lach," or "Machul Lach" three times.<ref>Though, according to the Rambam, once is sufficient, the Shulchan Aruch Yoreh Deah 228:3 recommends three times to concretize the matter. Shach Yoreh Deah 228:6</ref>
# If one performed a good practice 3 times and didn't say he was doing it Bli Neder and now he wants to nullify the practice, he should perform Hatarat Nedarim. <ref>See Shulchan Aruch YD 214:1, Minchat Shlomo 1:91:20</ref>
# If one performed a good practice 3 times and didn't say he was doing it Bli Neder and now he wants to nullify the practice, he should perform Hatarat Nedarim. <ref>See Shulchan Aruch YD 214:1, Minchat Shlomo 1:91:20</ref>
==Who==
==Who==
# Minors need not perform [[hatarat nedarim]]. <ref> Shearim Metzuyanim bihalacha 128:24. </ref>
# Minors need not perform [[hatarat nedarim]]. <ref> Shearim Metzuyanim bihalacha 128:24. </ref>