Hatarat Nedarim: Difference between revisions
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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 if he said it sitting.</ref> | 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 if 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> | ||
===Hatarat Nedarim on Zoom=== | |||
# see [[Halachot_Related_to_Coronavirus#Hatarat_Nedarim_on_Zoom|Hatarat Nedarim on Zoom]] | |||
=== Charatah and Petach === | === 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, 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, he 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> | # 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, 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, he 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> | ||
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==Whose Nedarim Can Be Annulled== | ==Whose Nedarim Can Be Annulled== | ||
# Minors need not perform Hatarat Nedarim.<ref>Shearim Metzuyanim BeHalacha 128:24</ref> | # Minors need not perform Hatarat Nedarim.<ref>Shearim Metzuyanim BeHalacha 128:24</ref> | ||
# The common practice is that woman do not perform [[hatarat nedarim]] and rely on the Kol Nidrei said prior to [[Yom Kippur]]. A woman may appoint her husband to do Hatarat Nedarim on her behalf and it is effective | # The common practice is that woman do not perform [[hatarat nedarim]] and rely on the Kol Nidrei said prior to [[Yom Kippur]]. A woman may appoint her husband to do Hatarat Nedarim on her behalf and it is effective <ref>Shulchan Aruch Yoreh Deah 234:56</ref>. Accordingly, some argue one shouldn't convene a bet din specially for women to do Hatarat Nedarim,<ref>Rav Pealim 4 OC 34, Rav Schachter in a shiur entitled [http://www.yutorah.org/lectures/lecture.cfm/818020/Rabbi_Hershel_Schachter/Inyonei_Rosh_Hashana "Inyonei Rosh Hashana" (min 40-3) on yutorah.org], Halichot Shlomo (Rosh HaShana 1:10), Shoneh Halachot 581:20 fns pg 242 quotes Talmidim saying this Rav Elyashiv, Rav Rabbanan on the Shevet HaLevi page 404. <br> | ||
* See also [http://www.dailyhalacha.com/displayRead.asp?readID=375 Rabbi Eli Mansour] who writes that although women are required to make Hatarat Nedarim, customarily a husband represents his wife when he stands before the Bet Din for Hatarat Nedarim. In fact, the text that we use explicitly mentions that one seeks absolution of his own vows as well as the vows of his wife. Furthermore, women customarily attend the Kol Nidreh service on Yom Kippur, which is also effective in annulling one’s vows.</ref> but there were communities where this was the custom.<ref>See Magen Avot (Orach Chaim 581:3)</ref> | |||
#For single girls in seminary, some say three men should be brought to convene a Beit Din for the entire seminary to do Hatarat Nedarim at once.<ref>Shoneh Halachot 581:20 fns pg 242 quotes Talmidim saying this Rav Elyashiv</ref> | #For single girls in seminary, some say three men should be brought to convene a Beit Din for the entire seminary to do Hatarat Nedarim at once.<ref>Shoneh Halachot 581:20 fns pg 242 quotes Talmidim saying this Rav Elyashiv</ref> | ||
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# For all the details of Hatarat Nedarim on Shabbat, see [[Nedarim on Shabbat]]. In general, one should not do Hatarat Nedarim on [[Shabbat]] if the Hatarat Nedarim isn't needed for [[Shabbat]]. For a congregation there is room to be lenient regarding performing Hatarat Nedarim on [[Shabbat]] or on [[Yom Kippur]] itself.<ref>Chazon Ovadyah (Yamim Noraim p. 263)</ref> | # For all the details of Hatarat Nedarim on Shabbat, see [[Nedarim on Shabbat]]. In general, one should not do Hatarat Nedarim on [[Shabbat]] if the Hatarat Nedarim isn't needed for [[Shabbat]]. For a congregation there is room to be lenient regarding performing Hatarat Nedarim on [[Shabbat]] or on [[Yom Kippur]] itself.<ref>Chazon Ovadyah (Yamim Noraim p. 263)</ref> | ||
===Yamim Noraim=== | ===Yamim Noraim=== | ||
# The custom is to do [[Hatarat Nedarim]] on [[Erev Rosh Hashana]] and [[Erev Yom Kippur]].<ref> Kaf Hachayim 581:12, Yalkut Yosef Moadim page 22, Yabia Omer OC 2:30, Chazon Ovadia Yamim Noraim page 42, Aruch Hashulchan OC 581:12. see [https://www.yutorah.org/lectures/lecture.cfm/840754/rabbi-shay-schachter/hataras-nedarim-on-erev-rosh-hashanah/ Rabbi Shay Schachter ] | # The custom is to do [[Hatarat Nedarim]] on [[Erev Rosh Hashana]] and [[Erev Yom Kippur]].<ref> Kaf Hachayim 581:12, Yalkut Yosef Moadim page 22, Yabia Omer OC 2:30, Chazon Ovadia Yamim Noraim page 42, Aruch Hashulchan OC 581:12. <br> | ||
* see [https://www.yutorah.org/lectures/lecture.cfm/840754/rabbi-shay-schachter/hataras-nedarim-on-erev-rosh-hashanah/ Rabbi Shay Schachter ] and [https://www.theyeshivaworld.com/news/headlines-breaking-stories/260279/halachically-speaking-reciting-hataras-nedarim-on-erev-rosh-hashanah.html Halachically Speaking]</ref> | |||
==Text== | ==Text== | ||
Here is the text of [http://www.daat.ac.il/daat/sidurim/sfarad/rosh/hatarat.htm Hatarat Nedarim on daat.ac.il] | Here is the text of [http://www.daat.ac.il/daat/sidurim/sfarad/rosh/hatarat.htm Hatarat Nedarim on daat.ac.il] | ||
==Links== | |||
# [https://www.yutorah.org/lectures/lecture.cfm/967231/rabbi-meir-gavriel-elbaz/hatarat-nedarim-season-practical-halachot-of-hatarat-nedarim/ Practical Halachot of Hatarat Nedarim] by Rabbi Meir Gavriel Elbaz | |||
==Sources== | ==Sources== | ||
