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Hilchot Nedarim: Difference between revisions
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=== The Absence of Innumerable Specific Examples === | === 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> Even those that do appear in Shulchan Aruch may not be relevant, as בנדרים הולכים אחר לשון בני אדם - we follow the common jargon when it comes to understanding Nedarim, so many of the cases no longer apply.<ref>Shulchan Aruch Yoreh Deah 217:1</ref> | # 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> Even those that do appear in Shulchan Aruch may not be relevant, as בנדרים הולכים אחר לשון בני אדם - we follow the common jargon when it comes to understanding Nedarim, so many of the cases no longer apply.<ref>Shulchan Aruch Yoreh Deah 217:1</ref> | ||
# Additionally, we follow the understood intention of the one taking the Neder than solely following his words, when he takes a Neder relevant solely to himself.<ref>Shulchan Aruch Yoreh Deah 218:1. See commentaries at length.</ref> | |||
=== Ikar HaNeder & Hatfasah BaDavar HaNadur === | === Ikar HaNeder & Hatfasah BaDavar HaNadur === | ||
# The essential form of a Neder entails declaring that a permitted object be prohibited and be associated with an object which itself is the product of a previous vow (Davar HaNadur). For example, "This loaf of bread should be prohibited to me like a Korban," because a Korban is an inherently permitted animal that is sanctified via a Neder. <ref>Shulchan Aruch Yoreh Deah 204:1</ref> | # The essential form of a Neder entails declaring that a permitted object be prohibited and be associated with an object which itself is the product of a previous vow (Davar HaNadur). For example, "This loaf of bread should be prohibited to me like a Korban," because a Korban is an inherently permitted animal that is sanctified via a Neder. <ref>Shulchan Aruch Yoreh Deah 204:1</ref> | ||
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# 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 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> | ||
=== Time Period === | |||
# A Neder with an unspecified time period takes effect indefinitely.<ref>Shulchan Aruch Yoreh Dea 219:3</ref> | |||
== Items Subject to Prohibition via Nedarim == | == Items Subject to Prohibition via Nedarim == | ||
