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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=== 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> | ||
