1,988
edits
Hilchot Nedarim: Difference between revisions
From Halachipedia
Ben Ish Chai (Shanah Shniah, Re'eh 1-4)
MordechaiD (talk | contribs) (→One Who Prohibits Himself From Another: other people's belongings on other people, chattan 222:1 225:1) |
MordechaiD (talk | contribs) (Ben Ish Chai (Shanah Shniah, Re'eh 1-4)) |
||
| Line 1: | Line 1: | ||
''As the minutiae are great and the practicality of taking a Neder in Mishnaic Hebrew is not, it may be too confusing to attempt translating accurately into English. Hence, many specific cases and their discussions have been omitted.'' | ''As the minutiae are great and the practicality of taking a Neder in Mishnaic Hebrew is not, it may be too confusing to attempt translating accurately into English. Hence, many specific cases and their discussions have been omitted.'' | ||
There are a number of types of Nedarim: ''Nidrei Mitzvah'' or ''Nidrei Mitzvah'' obligate one to perform a Mitzvah or provide Tzedaka, and ''Nidrei Issur'' prohibit one from engaging in optional activities. | |||
== Precautions and Circumstances for Taking Nedarim == | == Precautions and Circumstances for Taking Nedarim == | ||
=== General Warnings === | === General Warnings === | ||
# One should not regularly take a Neder: even if he fulfills it, he is called a Rasha and sinner.<ref>Shulchan Aruch Yoreh Deah 203:1</ref> | # One should not regularly take a Neder: even if he fulfills it, he is called a Rasha and sinner.<ref>Shulchan Aruch Yoreh Deah 203:1</ref> If he has a Petach to annul Nidrei Issur with [[Hatarat Nedarim]] and doesn't, he's considered a Rasha, but one should avoid annulling Nidrei Mitzvah. Rather, one should strive to fulfill them, as, once Nidrei Mitzvah have been taken, it's a Mitzvah to fulfill them.<ref>Ben Ish Chai (Shanah Shniah, Re'eh 2)</ref> | ||
# If one delays fulfilling a Neder, his account is "opened" in Heaven.<ref>Shulchan Aruch Yoreh Deah 203:2</ref> | # If one delays fulfilling a Neder, his account is "opened" in Heaven.<ref>Shulchan Aruch Yoreh Deah 203:2, Ben Ish Chai (Shanah Shniah, Re'eh 1)</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 | # 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 annulled. 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 annull them in very drastic situation.<ref>Shulchan Aruch Yoreh Deah 203:3</ref> | ||
=== Tzedaka === | === Tzedaka === | ||
# 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> | # 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, Ben Ish Chai (Shanah Shniah, Re'eh 2)</ref> | ||
# If one does have to pledge with the community, he should add "Bli Neder."<ref>Shulchan Aruch Yoreh Deah 203:4</ref> | # If one does have to pledge with the community, he should add "Bli Neder."<ref>Shulchan Aruch Yoreh Deah 203:4, Ben Ish Chai (Shanah Shniah, Re'eh 4)</ref> | ||
=== | === Trying Situations === | ||
# 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> It's a Mitzvah to fulfill a Neder taken ''Be'et Tzarah''; however, it's debatable if such a Neder can be annulled. Some are only lenient in extremely difficult situations, so it's recommended one refrain from articulating it as a Neder and instead donate the money to Tzedaka at the earliest opportunity.<ref>Ben Ish Chai (Shanah Shniah, Re'eh 3)</ref> | ||
===Nidrei Mitzvah=== | |||
# 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 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> | # 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 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> | ===Nidrei Issur=== | ||
# 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, Ben Ish Chai (Shanah Shniah, Re'eh 4)</ref> | |||
== Formulating Nedarim == | == Formulating Nedarim == | ||
