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Hilchot Nedarim: Difference between revisions
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Ben Ish Chai (Shanah Shniah 9-14
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# 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 inappropriately and prohibit the objects of such individuals on others.<ref>Beit Yosef, Rama Yoreh Deah 205:2</ref> | # A community can take punitive measures against members who act inappropriately and prohibit the objects of such individuals on others.<ref>Beit Yosef, Rama Yoreh Deah 205:2</ref> | ||
=== Verbal Articulation === | |||
# In order for a Neder to take effect, one must verbalize is with his mouth and mean it with his heart. Therefore, if he targets the wrong item with his words, such as by specifying barley when he really meant wheat, the Neder has no effect.<ref>Ben Ish Chai (Shanah Shniah 14)</ref> | |||
# Signing a contract that has a Neder or Shevuah written on it that was not also verbally articulate is probably ineffective, but some recommend being stringent, and that's how the Ben Ish Chai rules.<ref>Ben Ish Chai (Shanah Shniah 14)</ref> | |||
=== Ambiguous Formulations and Stam Nedarim LeHachmir === | === Ambiguous Formulations and Stam Nedarim LeHachmir === | ||
# If one makes an ambiguous association to an item, such that his words can be interpreted in one of two ways, either as a Davar HaNadur or as a Davar HaAssur, the axiom of "Stam Nedarim LeHachmir" dictates that we assume he meant the Davar HaNadur. Therefore, if he assoiated his Neder with Maaser, without specifying whether he meant Maaser Rishon (a Davar HaAssur) or Maaser Behemah (a Davar HaNadur), the Halacha assumes by default that he meant the latter, and his Neder is effective.<ref>Shulchan Aruch Yoreh Deah 208:1</ref> | # If one makes an ambiguous association to an item, such that his words can be interpreted in one of two ways, either as a Davar HaNadur or as a Davar HaAssur, the axiom of "Stam Nedarim LeHachmir" dictates that we assume he meant the Davar HaNadur. Therefore, if he assoiated his Neder with Maaser, without specifying whether he meant Maaser Rishon (a Davar HaAssur) or Maaser Behemah (a Davar HaNadur), the Halacha assumes by default that he meant the latter, and his Neder is effective.<ref>Shulchan Aruch Yoreh Deah 208:1</ref> | ||
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=== Neder Formulated as a Shevua === | === Neder Formulated as a Shevua === | ||
# A Neder fundamentally differs from a Shevua in that a Neder is a prohibition that takes effect on the item vowed upon, while a Shevua takes effect on the person. As such, the subject of a Neder must be the item at hand ("This item should be prohibited to me"), and the subject of a Shevua must be the person ("It should be prohibited for me to do this action"). If a Neder is formulated in the language of a Shevua, there's is a great debate if it takes effect at all or at least on the level of a Yad, and many opine that it is ineffective, unless it's with respect to performing a Mitzvah. Nevertheless, because it has become commonplace to take Nedarim in such a language, one should not be lenient, lest people become even more lax with Nedarim.<ref>Shulchan Aruch Yoreh Deah 206:5 as a Stam vaYesh to be lenient Min HaTorah or not. See Shach Yoreh Deah 206:9 for details with respect to parameters of formulation. Rav Ovadia (Yabia Omer vol. 8 Yoreh Deah 20:1-2) argues that we follow the Stam LeGamrei, especially because the Yesh is a minority in face of the numerous Rishonim who are lenient. He allows a woman who took a Neder beLashon Shevua to not observe it at all to protect Shalom Bayit.</ref> | # A Neder fundamentally differs from a Shevua in that a Neder is a prohibition that takes effect on the item vowed upon, while a Shevua takes effect on the person. As such, the subject of a Neder must be the item at hand ("This item should be prohibited to me"), and the subject of a Shevua must be the person ("It should be prohibited for me to do this action"). If a Neder is formulated in the language of a Shevua, there's is a great debate if it takes effect at all or at least on the level of a Yad, and many opine that it is ineffective, unless it's with respect to performing a Mitzvah. Nevertheless, because it has become commonplace to take Nedarim in such a language, one should not be lenient, lest people become even more lax with Nedarim.<ref>Shulchan Aruch Yoreh Deah 206:5 as a Stam vaYesh to be lenient Min HaTorah or not. See Shach Yoreh Deah 206:9 for details with respect to parameters of formulation. The Ben Ish Chai (Shanah Shniah 5) is stringent as a means of safeguard, but Rav Ovadia (Yabia Omer vol. 8 Yoreh Deah 20:1-2) argues that we follow the Stam LeGamrei, especially because the Yesh is a minority in face of the numerous Rishonim who are lenient. He allows a woman who took a Neder beLashon Shevua to not observe it at all to protect Shalom Bayit.</ref> | ||
# Some argue that Nezirut is outside the scope of this discussion and would take effect regardless, while others disagree.<ref>Shulchan Aruch Yoreh Deah 206:5. See Shach Yoreh Deah 206:10 and Rabbi Akiva Eiger ad loc.</ref> | # Some argue that Nezirut is outside the scope of this discussion and would take effect regardless, while others disagree.<ref>Shulchan Aruch Yoreh Deah 206:5. See Shach Yoreh Deah 206:10 and Rabbi Akiva Eiger ad loc.</ref> | ||
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== Items Subject to Prohibition via Nedarim == | == Items Subject to Prohibition via Nedarim == | ||
# 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 to himself once it comes into existence but not to others.<ref>Shulchan Aruch Yoreh Deah 204:4, Ben Ish Chai (Shanah Shniah 10)</ref> | ||
== One Who Prohibits Himself From Another == | == One Who Prohibits Himself From Another == | ||
