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Hilchot Nedarim: Difference between revisions
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→Formulating Nedarim: ambiguous, reordering
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== Formulating Nedarim == | == Formulating Nedarim == | ||
=== The Absence of Innumerable Specific Examples === | |||
# There are many complicated minutia discussed in the Talmud and its commentaries regarding specific formulations of Nedarim, but they don't make it to the page of Shulchan Aruch for practical reasons.<ref>Shulchan Aruch Yoreh Deah 204:1, Shach Yoreh Deah 204:6</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> | ||
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# 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> | ||
=== | === 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> | ||
# However, if he clarifies his intention as being the Davar HaAssur, he is believed and doesn't even need She'elah on his Neder, even if he's an Am HaAretz.<ref>Shulchan Aruch Yoreh Deah 208:1. The Bach Yoreh Deah 208 s.v. Mihu is bothered by the apparent contradiction between this case, where the Shulchan Aruch takes the position of the Rosh against the Rambam that even an Am HaAretz doesn't need She'elah, and in 205:1, where he takes the position of the Rambam that an Am HaAretz requires She'elah for any Neder associated with a Davar HaAssur. The Bach concludes in favor of the Rambam in this situation and posits that one should be stringent by an Am HaAretz here, as well. However, the Shach Yoreh Deah 208:2 distinguishes between the two instances as follows: Whereas the Am HaAretz who unknowingly took a Neder associated with a Davar HaAssur is penalized for his Halachic illiteracy, an Am HaAretz who takes an ambiguous Neder and subsequently clarifies it to be in reference to a Davar HaAssur isn't penalized, because he clearly knows that association with a Davar HaAssur is inneffective.</ref> | |||
# At the same time, if most inhabitants of the community understand the ambiguous unspecified language to refer only to the Davar HaNadur, then he is not believed if he claims that he really intended for the Davar HaAssur. As such, one who associates his Neder with Terumah, which can mean either Terumat of produce given to Kohanim, a Davar HaAssur, or Terumat HaLishkah (donations to the Beit HaMikdash), a Davar HaNadur, and doesn't specify which one he had in mind, is bound by his Neder. If he does specify in either direction, he is believed, but, if most people in his area refer to Terumat HaLishkah as Terumah, even if he claims he meant Terumah of produce, the Neder is binding and he is not believed against the local parlance.<ref>Shulchan Aruch Yoreh Deah 208:1.</ref> Some say that a Talmid Chacham is believed against the majority, while others distinguish between this case and other ones.<ref>Perishah Yoreh Deah 208:5 posits that the Talmid Chacham should logically be believed here if he's believed in 208:2. Shach Yoreh Deah 208:5 argues that an Am HaAretz is not believed and a Talmid Chacham is when there are one of two ways to interpret things, but when there's only one way to interpret a statement, given the parlance of the community, even a Talmid Chacham would not be granted any credence. Pitchei Teshuva Yoreh 208:2 cites the Chavot Yair Siman 15 who sides with the Perishah.</ref> | |||
# The gravity in deciding ambiguous references based on the majority of the community also works to be lenient against the one taking the Neder. For instance, if one associated his Neder with Yayin Nesech, which can refer to either Yayin Nesech that is brought on the Mizbeach with certain Korbanot in the Beit HaMidkash or to Yayin Nesech used in Avodah Zarah worship, it takes doesn't take effect, even if he follows up by claiming he had the former in mind.<ref>Shach Yoreh Deah 208:4</ref> | |||
=== Yadot Nedarim === | === Yadot Nedarim === | ||
# An incompletely 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 incompletely 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> | ||
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# 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> | ||
== 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> | |||
== Miscellaneous == | == Miscellaneous == | ||
