3,231
edits
Hilchot Nedarim: Difference between revisions
From Halachipedia
no edit summary
No edit summary |
No edit summary |
||
| Line 6: | Line 6: | ||
# Taking a Neder is equivalent to building a Bamah at a time in which doing so is prohibited, and following through with it is equivalent to bringing a Korban on that Bamah. Instead, it's better he have it anulled. This is only true, however, with respect to regular Nedarim. It's actually a Mitzvah to fulfill Nidrei Hekdesh, and one should only attempt to anull them in very drastic situation.<ref>Shulchan Aruch Yoreh Deah 203:3</ref> | # Taking a Neder is equivalent to building a Bamah at a time in which doing so is prohibited, and following through with it is equivalent to bringing a Korban on that Bamah. Instead, it's better he have it anulled. This is only true, however, with respect to regular Nedarim. It's actually a Mitzvah to fulfill Nidrei Hekdesh, and one should only attempt to anull them in very drastic situation.<ref>Shulchan Aruch Yoreh Deah 203:3</ref> | ||
=== Tzedaka === | === Tzedaka === | ||
# It's | # It's preferable to not even pledge Tzedaka in the form of a Neder. Rather, if he has the money, he should donate it right away. If he doesn't, it's better not to take the Neder until he does.<ref>Shulchan Aruch Yoreh Deah 203:4</ref> | ||
# If one does have to pledge with the community, he should add "Bli Neder." | # If one does have to pledge with the community, he should add "Bli Neder." | ||
=== General Leniencies === | === General Leniencies === | ||
# One may take a Neder in a challenging, trying time ("Et Tzarah").<ref>Shulchan Aruch Yoreh Deah 203:6</ref> | # One may take a Neder in a challenging, trying time ("Et Tzarah").<ref>Shulchan Aruch Yoreh Deah 203:6</ref> | ||
# Nedarim and Shevuot may be taken as means of strengthening one's religious commitment, both in terms of fulfilling positive Mitzvot and evading the violation of negative ones.<ref>Shulchan Aruch Yoreh Deah 203:6</ref> | # Nedarim and Shevuot may be taken as means of strengthening one's religious commitment, both in terms of fulfilling positive Mitzvot and evading the violation of negative ones.<ref>Shulchan Aruch Yoreh Deah 203:6</ref> | ||
# However, one must be extremely careful when taking a Neder or Shevua in the context of Mitzvot, because even the more innocuous formulation will actually be binding.<ref>Nedarim 8a, Shulchan Aruch Yoreh Deah 213:2, Shach | # However, one must be extremely careful when taking a Neder or Shevua in the context of Mitzvot, because even the more innocuous formulation will actually be binding.<ref>Nedarim 8a, Shulchan Aruch Yoreh Deah 213:2, Shach YD 203:6. Rav Yosef Dov HaLevi Soloveitchik once went three hours overtime in his regular lecture, which was usually two hours long, on a Thursday in Yeshiva University, to the astonishment of his students. Those who remained by the time he stopped were further astounded to discover he did so because the previous week he had told the class that "Next week we will finish the chapter." and explained how that alone was enough to be considered a binding Neder. Since they didn't even finish, they had to seek out students who weren't in their class to form a Beit Din for Hatarat Nedarim. ([http://www.otzar.org/wotzar/book.aspx?64100&pageid=P0243 Nefesh HaRav pg. 235])</ref> | ||
# Nedarim Siyag LePrishut: Taking a Neder to adjust one's personal attributes and tendencies is a form of serving Hashem. Examples include controlling one's extravagant | # Nedarim Siyag LePrishut: Taking a Neder to adjust one's personal attributes and tendencies is a form of serving Hashem. Examples include controlling one's extravagant appetite for meat and wine by taking a Neder against eating them for a period of time. Similarly, forbidding oneself from general indulgences is a means of bringing oneself to lesser focus on materialism. <b>Nevertheless, one shouldn't become accustomed to taking Nidrei Issur (Prohibitive Nedarim). Instead, one should abstain from the actions and entities that he wishes to abstain from but without taking a Neder in the first place.</b><ref>Shulchan Aruch Yoreh Deah 203:7</ref> | ||
== Formulating Nedarim == | == Formulating Nedarim == | ||
| Line 21: | Line 21: | ||
# 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 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> | ||
=== Hatfasah baDavar HaAssur (Inherently Prohibited Objects) === | === Hatfasah baDavar HaAssur (Inherently Prohibited Objects) === | ||
# 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 | # 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 ineffective. <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 | # 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 successfully 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> | # 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> | # 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> | ||
# A community can take punitive measures against members who act | # A community can take punitive measures against members who act inappropriately and prohibit the objects of such individuals on others. | ||
=== The Absence of Innumerable Specific Examples === | === The Absence of Innumerable Specific Examples === | ||
| Line 32: | Line 32: | ||
# One can declare a Neder on an item that is not yet in existence (Davar SheLo Ba LaOlam) to be prohibited once it comes into existence.<ref>Shulchan Aruch Yoreh Deah 204:4</ref> | # One can declare a Neder on an item that is not yet in existence (Davar SheLo Ba LaOlam) to be prohibited once it comes into existence.<ref>Shulchan Aruch Yoreh Deah 204:4</ref> | ||
=== Yadot Nedarim === | === Yadot Nedarim === | ||
# An | # An incompletely formulated Neder, otherwise known as a Yad, can take effect just as a regular Neder does or it can not, depending on the level of ambiguity. If one's intention is mostly apparent (ידים מוכיחות), it is a valid Neder. That is to say, that if one says "I vow from you that I won't eat from you," (מודרני ממך שאיני אוכל לך) without saying "prohibited" or "Korban," it is nevertheless valid.<ref>Shulchan Aruch Yoreh Deah 206:1. Note that the formulation of "that I won't eat from you" (שאיני אוכל לך) is different according to some from "that which I eat from you" (שאני אוכל לך). Rama Yoreh Deah 206:1. Shach Yoreh Deah 206:2 discusses the effectiveness of only saying שאני אוכל לך, and even when leaving out שאני or לך.</ref> | ||
# If the formulation is further lacking (ידים שאינן מוכיחות), i.e. it can be interpreted in more than one way, then some hold that we default to the most apparent interpretation<ref>For example מרוחקני ממך could be interpreted as not receiving benefit or keeping a distance. Since the latter is more apparent, the Neder will only be effective | # If the formulation is further lacking (ידים שאינן מוכיחות), i.e. it can be interpreted in more than one way, then some hold that we default to the most apparent interpretation<ref>For example מרוחקני ממך could be interpreted as not receiving benefit or keeping a distance. Since the latter is more apparent, the Neder will only be effective inasmuch as he will be prohibited in entering the four Amot radius of the one he took the vow against. Rambam as quoted by Shulchan Aruch Yoreh Deah 206:1</ref>, while others say the entire Neder is invalid.<ref>Rama Yoreh Deah 206:1. Though it's not printed in every edition Bach ibid 206:1, Taz ibid 206:1, and Shach ibid 206:6 point out how it's clearly missing, as indicated by his glosses to 206:3 referring back to a previous comment. See Shulchan Aruch ibid 206:3 for similar discussion exists with respect to Nidui and Shamta.</ref> | ||
# If the formulation lacks any implication of a neder altogether, such as saying "That I won't ) it is not valid <ref>Shulchan Aruch Yoreh Deah 206:1. See Shach Yoreh Deah 206:2 for more specific cases and their effectiveness.</ref>. | # If the formulation lacks any implication of a neder altogether, such as saying "That I won't ) it is not valid <ref>Shulchan Aruch Yoreh Deah 206:1. See Shach Yoreh Deah 206:2 for more specific cases and their effectiveness.</ref>. | ||
# "I vow <b>to</b> you from eating and benefiting." (מודרני לך מאכילה או מהנאה) creates a Neder prohibiting eating and benefiting both ways between the one who took the vow and the one to whom he said it.<ref>Shulchan Aruch Yoreh Deah 206:2</ref> | # "I vow <b>to</b> you from eating and benefiting." (מודרני לך מאכילה או מהנאה) creates a Neder prohibiting eating and benefiting both ways between the one who took the vow and the one to whom he said it.<ref>Shulchan Aruch Yoreh Deah 206:2</ref> | ||
| Line 44: | Line 44: | ||
=== Kinui Nedarim === | === Kinui Nedarim === | ||
# The Torah's mandate enabling one to take upon himself a Neder, Korban, Shevua, or Nezirut is not limited to the perfect | # The Torah's mandate enabling one to take upon himself a Neder, Korban, Shevua, or Nezirut is not limited to the perfect pronunciation of the keywords (Neder, Korban, Shevua, and Nazir). Even a mispronunciation 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 mispronunciations (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> | # 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> | ||
