Hilchot Nedarim: Difference between revisions
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=== Trying Situations === | === Trying Situations === | ||
# 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> | # 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=== | ===Nidrei Mitzvah, Minhag Tov, and General Minhagim=== | ||
# 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> | # 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> | ||
# One who wishes to fast on [[Erev Rosh Chodesh]], during [[Shovavim]], or during [[Yamim Noraim]] should verbally stipulate before he begins to that he does not wish to accept this good practice as a Neder but rather to do it when he wishes and not when he doesn't. Each time he does wish to fast, he should accept the fast the day before. If he began without this stipulation and now wants to discontinue his lofty optional practice, for example, because it's too difficult, he must first perform [[Hatarat Nedarim]]. He should not regret all the Mitzvot he did until now, but rather regret accepting the practice as a Neder passively and not preceding it by saying "Bli Neder."<ref>Ben Ish Chai (Shanah Shniah, Re'eh 17)</ref> | |||
# Refraining from performing actions which are permitted because one incorrectly thinks they're prohibited is considered a mistaken Neder and does not require Hatarat Nedarim to permit.<ref>See Shulchan Aruch (Yoreh Deah 214) at length</ref> Even if one thought it was a grave sin and then discovers it's merely a stringency, it is not considered a Neder<ref>Ben Ish Chai (Shanah Shniah, Re'eh 17)</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> | ||
