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Hilchot Nedarim: Difference between revisions
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=== Yadot === | === Yadot === | ||
# An incompletly formulated Neder, otherwise known as a Yad, can take effect just as a regular Neder does or it can not, depending on the level of ambiguity. If one's intention is mostly apparent (ידים מוכיחות), it is a valid Neder. That is to say, that if one says "I vow from you that I won't eat from you," (מודרני ממך שאיני אוכל לך) without saying "prohibited" or "Korban," it is nevertheless valid.<ref>Shulchan Aruch Yoreh Deah 206:1. Note that the formulation of "that I won't eat from you" (שאיני אוכל לך) is different according to some from "that which I eat from you" (שאני אוכל לך). Rama Yoreh Deah 206:1. Shach Yoreh Deah 206:2 discusses the effectiveness of only saying שאני אוכל לך, and even when leaving out שאני or לך.</ref> | # An incompletly formulated Neder, otherwise known as a Yad, can take effect just as a regular Neder does or it can not, depending on the level of ambiguity. If one's intention is mostly apparent (ידים מוכיחות), it is a valid Neder. That is to say, that if one says "I vow from you that I won't eat from you," (מודרני ממך שאיני אוכל לך) without saying "prohibited" or "Korban," it is nevertheless valid.<ref>Shulchan Aruch Yoreh Deah 206:1. Note that the formulation of "that I won't eat from you" (שאיני אוכל לך) is different according to some from "that which I eat from you" (שאני אוכל לך). Rama Yoreh Deah 206:1. Shach Yoreh Deah 206:2 discusses the effectiveness of only saying שאני אוכל לך, and even when leaving out שאני or לך.</ref> | ||
# If the formulation is further lacking (ידים שאינן מוכיחות), i.e. it can be interpreted in more than one way, then some hold that we default to the most apparent interpretation<ref>For example מרוחקני ממך could be interpreted as not receiving benefit or keeping a distance. Since the latter is more apparent, the Neder will only be effective in as much as he will be prohibited in entering the four Amot radius of the one he took the vow against. Rambam as quoted by Shulchan Aruch Yoreh Deah 206:1</ref>, while others say the entire Neder is invalid.<ref>Rama Yoreh Deah 206:1. Though it's not printed in every edition Taz 206:1 | # If the formulation is further lacking (ידים שאינן מוכיחות), i.e. it can be interpreted in more than one way, then some hold that we default to the most apparent interpretation<ref>For example מרוחקני ממך could be interpreted as not receiving benefit or keeping a distance. Since the latter is more apparent, the Neder will only be effective in as much as he will be prohibited in entering the four Amot radius of the one he took the vow against. Rambam as quoted by Shulchan Aruch Yoreh Deah 206:1</ref>, while others say the entire Neder is invalid.<ref>Rama Yoreh Deah 206:1. Though it's not printed in every edition Bach ibid 206:1, Taz ibid 206:1, and Shach ibid 206:6 point out how it's clearly missing, as indicated by his glosses to 206:3 referring back to a previous comment. See Shulchan Aruch ibid 206:3 for similar discussion exists with respect to Nidui and Shamta.</ref> | ||
# If the formulation lacks any implication of a neder altogether, such as saying "That I won't ) it is not valid <ref>Shulchan Aruch Yoreh Deah 206:1. See Shach Yoreh Deah 206:2 for more specific cases and their effectiveness.</ref>. | # If the formulation lacks any implication of a neder altogether, such as saying "That I won't ) it is not valid <ref>Shulchan Aruch Yoreh Deah 206:1. See Shach Yoreh Deah 206:2 for more specific cases and their effectiveness.</ref>. | ||
# "I vow <b>to</b> you from eating and benefiting." (מודרני לך מאכילה או מהנאה) creates a Neder prohibiting eating and benefiting both ways between the one who took the vow and the one to whom he said it.<ref>Shulchan Aruch Yoreh Deah 206:2</ref> | # "I vow <b>to</b> you from eating and benefiting." (מודרני לך מאכילה או מהנאה) creates a Neder prohibiting eating and benefiting both ways between the one who took the vow and the one to whom he said it.<ref>Shulchan Aruch Yoreh Deah 206:2</ref> | ||
# "I vow <b>from</b> you from eating and benefiting." (מודרני ממך...) only creates a one way prohibition on the one who took the vow receiving benefit from the one he said it to.<ref>Shulchan Aruch Yoreh Deah 206:2</ref> | # "I vow <b>from</b> you from eating and benefiting." (מודרני ממך...) only creates a one way prohibition on the one who took the vow receiving benefit from the one he said it to.<ref>Shulchan Aruch Yoreh Deah 206:2</ref> | ||
# Due to the fact that wicked people are more oft to take Nedarim, one who takes a Neder "<i>Like the vows of the wicked,</i> this should be assur to me," (נדרי רשעים) it would be effective. Inversely, Tzaddikim | # Due to the fact that wicked people are more oft to take Nedarim, one who takes a Neder "<i>Like the vows of the wicked,</i> this should be assur to me," (נדרי רשעים) it would be effective. Inversely, Tzaddikim never take Nedarim, so a Neder formulated on "Like the vows of Tzaddikim" (כנדרי צדיקים), would not be effective. However, Tzaddikim do volunteer Mitzvot, so a Neder formulated on "Nidvot Tzaddikim" (נדבות צדיקים), would be effective.<ref>Shulchan Aruch Yoreh Deah 206:4</ref> | ||
=== 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</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. See Shach Yoreh Deah 206:9 for details with respect to parameters of formulation.</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</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> | ||
==Sources== | ==Sources== | ||
