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Hilchot Nedarim: Difference between revisions
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Ben Ish Chai (Shanah Shniah 5-8
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# 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> | # 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 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> | # 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> | ||
# At the same time, one shouldn't have Nedarim rolling off his lips and rely on always being able to annul them if necessary, as he will still be punished. The Ben Ish Chai likens such a person to one who throws himself into refuse and then requests that others bathe him. The Acharonim actually recommend one who seeks annulment of Nedarim be penalized to discourage futher Nedarim.<ref>Ben Ish Chai (Shanah Shniah 5)</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, Ben Ish Chai (Shanah Shniah, Re'eh 2)</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> | ||
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# 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> | ||
# A vow to move to Eretz Yisrael or make a pilgrimage to the graves of Tzaddikim is a Neder Mitzvah and only subject to annulment in extreme situations.<ref>Ben Ish Chai (Shanah Shniah 6)</ref> | |||
===Nidrei Issur=== | ===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> | # 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> | ||
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=== 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> | ||
# Similarly, if one already prohibited an object upon himself, he can then subsequently prohibit another object by associating it with this one. For example, "This loaf of bread should be prohibited to me like that one (which he already prohibited via a Neder)." <ref>Shulchan Aruch Yoreh Deah 204:1. Language based on ArtScroll commentary to Nedarim 14a</ref> | # Similarly, if one already prohibited an object upon himself, he can then subsequently prohibit another object by associating it with this one. For example, "This loaf of bread should be prohibited to me like that one (which he already prohibited via a Neder)." <ref>Shulchan Aruch Yoreh Deah 204:1, Ben Ish Chai (Shanah Shniah 8). Language based on ArtScroll commentary to Nedarim 14a</ref> | ||
# The associated object need not be a Korban, but, rather, it can be anything that is sanctified with one's speech. <ref>Shulchan Aruch Yoreh Deah 204:2</ref> | # The associated object need not be a Korban, but, rather, it can be anything that is sanctified with one's speech.<ref>Shulchan Aruch Yoreh Deah 204:2</ref> | ||
# The efficacy of absence of association (i.e. only saying "This should be prohibited to whomever") in a Neder leaves it unclear if the Neder will be Chal, but we apply the axiom of Safek DeOraita LeChuma and assume it is.<ref>Ben Ish Chai (Shanah Shniah 7)</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> | # 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) === | ||
