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Hilchot Nedarim: Difference between revisions
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Peirusham LeHakel (208:1-2)
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# 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> | # 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> | # 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> | ||
=== Unintuitive Elucidations of One's Formulation (Perusham LeHakel) === | |||
# One who takes a Neder that intuitively would be interpreted one way ("I prohibit myself from my wife" intuitively means the woman he's currently married to) but then follows up and elaborates that he actually intended to refer to something that is a valid interpretation of his words but completely unintuitive given a lack of context ("I meant my first wife whom I already divorced.") is believed if he's a Talmid Chacham, but not if he's an Am HaAretz, in order to prevent making light of Nedarim. Although, an Am HaAretz would only require Charatah and not a Petach.<ref>Shulchan Aruch Yoreh Deah 208:2</ref> | |||
# If an Am HaAretz did this and subsequently violated his Neder, although we penalize one who violates a Neder MiDeoraita by making him endure a period of time without violating his Neder equal to the interval of time over which he did violate it, we do not penalize him in this situation, since it is only a Neder MiDerabbanan.<ref>Shulchan Aruch Yoreh Deah 208:2</ref> | |||
# For Ashkenazim nowadays, everyone has the status of Am HaAretz.<ref>Shach Yoreh Deah 208:8. See 205:5</ref> | |||
=== Yadot Nedarim === | === Yadot Nedarim === | ||
