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Hatarat Nedarim: Difference between revisions
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Hatarat Nedarim and Shevuot is the annulment of vows and oaths, which can sometimes be used to annul a vow by a group of three people. | Hatarat Nedarim and Shevuot is the annulment of vows and oaths, which can sometimes be used to annul a vow by a group of three people. | ||
For general laws of Nedarim see [[Hilchot Nedarim]]. | For general laws of Nedarim see [[Hilchot Nedarim]]. | ||
== Nedarim Subject to Hatarah== | == Nedarim and Shevuot Subject to Hatarah== | ||
# The [[Geonim]] introduced strict safeguards against their generations' imprudence in taking Nedarim by declaring Nedarim and Shevuot impossible to annul, but many Rishonim dismissed their sheltering attitude as a stumbling block for those who did take Nedarim and Shevuot. If one doesn't annul | # The [[Geonim]] introduced strict safeguards against their generations' imprudence in taking Nedarim by declaring [[Nedarim]] and [[Shevuot]] impossible to annul, but many Rishonim dismissed their sheltering attitude as a stumbling block for those who did take [[Nedarim]] and [[Shevuot]]. If one doesn't annul his Nedarim, he'll cease to seek annulment and just violate his Nedarim intentionally. Therefore, it's better to annul the Nedarim than let them be violated, even if it was taken with Hashem's name.<ref>Shulchan Aruch Yoreh Deah 230:1</ref> Some recommend not getting involved unless it's for a Mitvah purpose, community peace, or the like, and not to annul Nedarim that have a trace of sin either.<ref>Beit Yosef and Rama Yoreh Deah 230:1, Ben Ish Chai (Shanah Shniah, Re'eh 24). See Birkei Yosef Yoreh Deah 230:1 and 234:1</ref> Others also advise the Chacham to impose a monetary or fasting penalty on the one seeking Hatarah to discourage his taking further Nedarim.<ref>Shach Yoreh Deah 230:1</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> | ||
# If a person took upon themselves to learn daf yomi and now he wants to change that he should do hatarat nedarim since it is a neder to learn a fixed amount of Torah.<ref>[https://www.torahanytime.com/#/lectures?v=90414 Rav Yitzchak Yosef in Motzei Shabbat Shiur Parshat Shoftim 5779 min 18]</ref> | |||
==Bet Din== | ==Bet Din== | ||
===How Many Dayanim=== | ===How Many Dayanim=== | ||
# Hatarat Nedarim should be done in front of three people who know how Hatarat Nedarim functions.< | # Hatarat Nedarim should be done in front of three people who know how Hatarat Nedarim functions.<ref>[http://www.sefaria.org/Shulchan_Arukh,_Yoreh_De'ah.228.1?lang=bi&with=all&lang2=en Shulchan Aruch YD 228:1] writes that one may do Hatarat Nedarim in front of 3 hedyotot. The Shach YD 228:2 explains that they don't need to be knowledgeable in halacha as long as they know how Hatarat Nedarim works. Ben Ish Chai (Shanah Shniah, Re'eh 24)</ref> | ||
# Even though according to the letter of the law an expert individual (Yachid Mumcheh) can annul Nedarim on his own, we do not have anyone who fits this status nowadays according to the Shulchan Aruch.<ref>Shulchan Aruch Yoreh Deah 228:1</ref> | # Even though according to the letter of the law an expert individual (Yachid Mumcheh) can annul Nedarim on his own, we do not have anyone who fits this status nowadays according to the Shulchan Aruch.<ref>Shulchan Aruch Yoreh Deah 228:1</ref> | ||
# A Beit Din of two people cannot perform Hatarat Nedarim.<ref>Ben Ish Chai (Shanah Shniah, Re'eh 24)</ref> | |||
# It's recommended to perform Hatarat Nedarim in front of ten people so that one is able to annul a Nidduy Chalom.<ref>Chazon Ovadyah (p. 263)</ref> | # It's recommended to perform Hatarat Nedarim in front of ten people so that one is able to annul a Nidduy Chalom.<ref>Chazon Ovadyah (p. 263)</ref> | ||
# According to Rav Tzvi Pesach Frank, seemingly only the majority of the Dayanim need to agree to annul the vow, like by monetary cases, and not all of them.<ref>Shu"t Har Tzvi Yoreh Deah 189. He cites Yevamot 25b as a proof, but Chacham Ben Tzion Abba Shaul (Kitvei HaTalmidim ad loc, printed in Yeshurun vol. 38 page 221, rejects his proof.</ref> | # According to Rav Tzvi Pesach Frank, seemingly only the majority of the Dayanim need to agree to annul the vow, like by monetary cases, and not all of them.<ref>Shu"t Har Tzvi Yoreh Deah 189. He cites Yevamot 25b as a proof, but Chacham Ben Tzion Abba Shaul (Kitvei HaTalmidim ad loc, printed in Yeshurun vol. 38 page 221, rejects his proof.</ref> | ||
===Who May Sit on the Beit Din=== | ===Who May Sit on the Beit Din=== | ||
# One may not perform Hatarat Nedarim in the location of his Rebbe or someone greater than him without permission.<ref>Shulchan Aruch Yoreh Deah 228:2</ref> | # One may not perform Hatarat Nedarim in the location of his Rebbe or someone greater than him without permission.<ref>Shulchan Aruch Yoreh Deah 228:2</ref> | ||
