Hilchot Nedarim: Difference between revisions

# The associated object need not be a Korban, but, rather, it can be anything that is sanctified with one's speech. <ref>Shulchan Aruch Yoreh Deah 204:2</ref>

# If one hears his fellow declare a Neder and then himself says "And me like you!" within [[Toch Kedei Dibbur]], he creates a bona fide Neder. This is true even if a hundred people follow, one at a time, each within [[Toch Kedei Dibbur]] of the last.<ref>Shulchan Aruch Yoreh Deah 204:31</ref>

# If one associated the object with an object that is inherently prohibited, such as a non Kosher animal or idol (Hatfasah baDavar HaAssur), the Neder is not binding on a Torah level. For example, declaring that "This meat should be prohibited unto me like pig meat" is innefective. <ref>Shulchan Aruch Yoreh Deah 205:1</ref>

# Some argue that, on a rabbinic level, any such a Neder with association to an inherently prohibited object is effective on an Am HaAretz. Additionally, basic Charatah would be insufficient, and he would instead require a Petach from a different approach (MiMakom Acher) to annul it.<ref>Shulchan Aruch Yoreh Deah 205:1</ref> Many others, however, argue that this stringency by Am HaAretz only applies when his ineffective Neder is taken to prohibit his wife unto him. This opinion also claims that, nowadays, everyone has the status of Am HaAretz.<ref>Rama Yoreh Deah 205:1. The Ran (Nedarim 13b s.v. HaOmer leIshto) explains that we're extra stringent in this respect to discourage him from taking further such Nedarim, in the chance that he would do it with association to a Davar HaNadur the next time and succesfully prohibit his wife. Taz Yoreh Deah 205:2. The Perishah (Yoreh Deah 205:3) adds that we don't want him to avoid the Mitzvah of Peru uRevu. Shach Yoreh Deah 205:5.</ref>

# The Chachamim did not impose their penalty in a case in which one was forced to take a Neder against his wife, and he associated her with an inherently prohibited object.<ref>Shach Yoreh Deah 205:2.</ref>

# Granted an individual cannot declare his wine as "Yayin Nesech" or "Pat Akum" through a standard Neder, if he did it as a penalty to others for violating a stipulation he made, some claim it's effective, while others disagree.<ref>Shulchan Aruch Yoreh Deah 205:2 quotes both opinions as Yesh Osrim and Yesh Mattirim; therefore, his ruling is in the lenient direction. At the same time, the Rama posits it takes effect on a rabbinic level.</ref>

=== The Absence of Innumerable Specific Examples ===

# There are many complicated minutia discussed in the Talmud and its commentaries regarding specific formulations of Nedarim, but they don't make it to the page of Shulchan Aruch for practical reasons.<ref>Shulchan Aruch Yoreh Deah 204:1, Shach Yoreh Deah 204:6</ref>