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Hilchot Nedarim: Difference between revisions
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→One Who Prohibits Himself From Another: other people's belongings on other people, chattan 222:1 225:1
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== One Who Prohibits Himself From Another == | == One Who Prohibits Himself From Another == | ||
# Maddir means one who takes the Neder to prohibit his benefit on another, and Muddah means one who is prohibited from receiving Hanaah. | # Maddir means one who takes the Neder to prohibit his benefit on another, and Muddah means one who is prohibited from receiving Hanaah. | ||
# One can only prohibit his own possessions to himself or others or of other people's possessions to himself. Therefore, one cannot prohibit another person's belongings on his fellow.<ref>Shulchan Aruch Yoreh Deah 225:1</ref> | |||
=== General Conduct === | === General Conduct === | ||
# One who takes a Neder not to speak with his friend may still write him a letter or speak to someone else in his vicinity, even if he will hear. If he's doing it intentionally, however, even if there's a third part in between, it's not appropriate.<ref>Shulchan Aruch Yoreh Deah 221:10, Shach Yoreh Deah 221:54. See R' AKiva Eiger Yoreh Deah 221:13 regarding sharing secrets with a third party to tell the person he's not supposed to share with.</ref> | # One who takes a Neder not to speak with his friend may still write him a letter or speak to someone else in his vicinity, even if he will hear. If he's doing it intentionally, however, even if there's a third part in between, it's not appropriate.<ref>Shulchan Aruch Yoreh Deah 221:10, Shach Yoreh Deah 221:54. See R' AKiva Eiger Yoreh Deah 221:13 regarding sharing secrets with a third party to tell the person he's not supposed to share with.</ref> | ||
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=== Mitzvot === | === Mitzvot === | ||
# Prohibiting one's Sefarim to his friend includes his friend's learning of the Sefarim, because they could have been rented to him and now he's benefiting from free usage, unlike by Mitzvah items.<ref>Shulchan Aruch Yoreh Deah 221:11, Taz Yoreh Deah 221:40, Shach Yoreh Deah 221:55</ref> | # Prohibiting one's Sefarim to his friend includes his friend's learning of the Sefarim, because they could have been rented to him and now he's benefiting from free usage, unlike by Mitzvah items.<ref>Shulchan Aruch Yoreh Deah 221:11, Taz Yoreh Deah 221:40, Shach Yoreh Deah 221:55</ref> | ||
=== Benefiting His Wife === | |||
# Everything that a woman gains possession of becomes her husband's possession, unless certain stipulations are made.. One who prohibited himself to his son-in-law may give his daughter money for her own personal use, as long as he stipulates to her that it's a gift that her husband has no control over ''and'' she can do whatever general or specific action she pleases with the money. If he does not say both, even if he stipulates that the husband should have no control, his stipulation is ineffective and he causes his son-in-law to gain possession of the gift and violate the Neder.<ref>Shulchan Aruch Yoreh Deah 222:1</ref> Ashkenazim are stringent if the stipulation was general and not a specific action for her to do with the money.<ref>Taz Yoreh Deah 222:3, Shach Yoreh Deah 222:3</ref> | |||
# If the gift is transferred in a permissible way, then the husband may benefit from it.<ref>Taz Yoreh Deah 222:1</ref> | |||
# Giving one's daughter food, not money, does not require any explicit stimulation.<ref>Shulchan Aruch Yoreh Deah 221:2, Beit Yosef, Taz, Shach Yoreh Deah 222:1</ref> | |||
== Miscellaneous == | == Miscellaneous == | ||
# If one forgot if he took a Neder or if he took a Shevuah, he must act under the stringencies of both Nedarim and Shevuot. Similarly, if he isn't sure if he took a Shevuah in the first place, he must be stringent due to the uncertainty.<ref>Shach Yoreh Deah 208:1</ref> | # If one forgot if he took a Neder or if he took a Shevuah, he must act under the stringencies of both Nedarim and Shevuot. Similarly, if he isn't sure if he took a Shevuah in the first place, he must be stringent due to the uncertainty.<ref>Shach Yoreh Deah 208:1</ref> | ||
