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Hilchot Nedarim: Difference between revisions
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# A Neder fundamentally differs from a Shevua in that a Neder is a prohibition that takes effect on the item vowed upon, while a Shevua takes effect on the person. As such, the subject of a Neder must be the item at hand ("This item should be prohibited to me"), and the subject of a Shevua must be the person ("It should be prohibited for me to do this action"). If a Neder is formulated in the language of a Shevua, there's is a great debate if it takes effect at all or at least on the level of a Yad, and many opine that it is ineffective, unless it's with respect to performing a Mitzvah. Nevertheless, because it has become commonplace to take Nedarim in such a language, one should not be lenient, lest people become even more lax with Nedarim.<ref>Shulchan Aruch Yoreh Deah 206:5. See Shach Yoreh Deah 206:9 for details with respect to parameters of formulation.</ref> | # A Neder fundamentally differs from a Shevua in that a Neder is a prohibition that takes effect on the item vowed upon, while a Shevua takes effect on the person. As such, the subject of a Neder must be the item at hand ("This item should be prohibited to me"), and the subject of a Shevua must be the person ("It should be prohibited for me to do this action"). If a Neder is formulated in the language of a Shevua, there's is a great debate if it takes effect at all or at least on the level of a Yad, and many opine that it is ineffective, unless it's with respect to performing a Mitzvah. Nevertheless, because it has become commonplace to take Nedarim in such a language, one should not be lenient, lest people become even more lax with Nedarim.<ref>Shulchan Aruch Yoreh Deah 206:5. See Shach Yoreh Deah 206:9 for details with respect to parameters of formulation.</ref> | ||
# Some argue that Nezirut is outside the scope of this discussion and would take effect regardless, while others disagree.<ref>Shulchan Aruch Yoreh Deah 206:5. See Shach Yoreh Deah 206:10 and Rabbi Akiva Eiger ad loc.</ref> | # Some argue that Nezirut is outside the scope of this discussion and would take effect regardless, while others disagree.<ref>Shulchan Aruch Yoreh Deah 206:5. See Shach Yoreh Deah 206:10 and Rabbi Akiva Eiger ad loc.</ref> | ||
=== Kinui Nedarim === | |||
# The Torah's mandate enabling one to take upon himself a Neder, Korban, Shevua, or Nezirut is not limited to the perfect pronounciation of the keywords (Neder, Korban, Shevua, and Nazir). Even a mispronounciation would take effect, given it's common to pronounce the word that way by some people in the place one is taking the Neder. For example, "Konam" could legitimately substitute for "Korban" in the time and communities of the Talmud. Gross mispronounciations (Kinuiyei Kinuiyim), however, are not effective. <ref>Shulchan Aruch Yoreh Deah 207:1. See Beit Yosef and Rabbi Akiva Eiger ad loc.</ref> | |||
# The effectiveness of usage of the above keywords also depends on one's own understanding of them. If he doesn't understand what he's saying, his statement is invalid.<ref>Shulchan Aruch Yoreh Deah 207:1</ref> | |||
==Sources== | ==Sources== | ||
