Hilchot Nedarim: Difference between revisions
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# 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> | # 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> | ||
# 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> | # 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> | ||
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# 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> | # 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> | ||
===Multiple Nedarim=== | |||
# A Neder can take effect on a preexisting Neder, Nedarim are prohibitions on the object, not on the person, unlike [[Shevuot]]. Therefore, multiple Nedarim taken on an object take effect and accordingly increase the number of prohibitions violated when the Neder is violated.<ref>Ben Ish Chai (Shanah Shniah, Re'eh 23)</ref> | |||
=== Kinui Nedarim === | === Kinui Nedarim === | ||
# 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> | ||
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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 | # "Maddir" means one who takes the Neder to prohibit his benefit on another, and "Muddar" 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> | # 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 === | ||
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# 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 === | === Benefiting His Wife === | ||
# Everything that a woman gains possession of becomes her husband's possession, unless certain stipulations are made | # 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> | # 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> | # 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> | ||
