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Hatarat Nedarim: Difference between revisions
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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. See Rama Yoreh Deah 228:3</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 stand if they uproot the Neder using Charata (regret) but should sit if they are uprooting the Neder using a Petach (a opening). Shach | # 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 Yoreh Deah 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. Taz Yoreh Deah 228:7 writes that the petitioner need not stand, but the Shach also writes the minhag is that he does stand. 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> | # 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> | ||
# One who prohibits himself from benefiting from certain people may not use them on the Beit Din to annul his Neder, but it would work post-facto.<ref>Shulchan Aruch Yoreh Deah 228:5</ref> Others reverse the case, that only if he prohibits himself from giving benefit to certain people may they not serve as Dayanim.<ref>Shach Yoreh Deah 228:10</ref> In such a case, some say a Chacham from that city can include people who are from elsewhere on the Beit Din, while others disagree.<ref>Taz Yoreh Deah 228:8, Shach Yoreh Deah 228:12</ref> | |||
# Similarly, one who swears to not become a Gabbay or trustee of the city may not seek annulment from the Chacham of the city.<ref>Shulchan Aruch Yoreh Deah 228:6. See Taz Yoreh Deah 228:9 who finds difficulty with this ruling and its ramifications.</ref> | |||
# If one prohibits himself to the entire Jewish people, it's like a Bediavad case, so he may ask anyone to annul his Neder for him.<ref>Shach Yoreh Deah 228:11</ref> | |||
=== Charatah and Petach === | |||
# The simplest means of annulling a Neder is through the sincere regret (Charatah) of the one who took the Neder (the Noder). If such Charatah exists, then the Beit Din may proceed and annul the Neder, but, if it does not, they must search for a different way out, a Petach. For example, one who takes a Neder not to benefit from someone who wronged him may can have it annulled with just Charatah if he discovers that the individual did not actually wrong him and therefore regrets the Neder. At the same time, if he does not regret the Neder but rather now seeks Hanaah from the individual for some other reason, can not immediately have his Neder annulled. It must rather be scrutinized by a Beit Din until they find an alternative door out, a Petach.<ref>Shulchan Aruch Yoreh Deah 228:4</ref> | |||
# Insincere, phony regret put on just to convince the Beit Din to annul the Neder leaves the Hatarah ineffective.<ref>Shulchan Aruch Yoreh Deah 228:4</ref> | |||
==Who Nedarim Can Be Annulled== | ==Who Nedarim Can Be Annulled== | ||
