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Nedarim on Shabbat: Difference between revisions
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# The Rashba advises one who took an vow (Shevua) to do a certain action by a certain day, which turns out to be Shabbat, and the action is not permitted on Shabbat, to use whatever Petachim are available to annul the vow.<ref>The Charatah itself can be a Petach here. Mishnah Berurah 341:6</ref> He argues it's better to violate the Issur Shevut of Hatarat Nedarim than the Issur DeOraita of violating a Shevua.<ref>Shulchan Aruch Orach Chaim 341:2</ref> Of course, if he remembers before Shabbat, he should be sure to take care of it in advance.<ref>Biur Halacha 341 s.v. Af, Kaf HaChaim 341:, Yalkut Yosef 341:7</ref> | # The Rashba advises one who took an vow (Shevua) to do a certain action by a certain day, which turns out to be Shabbat, and the action is not permitted on Shabbat, to use whatever Petachim are available to annul the vow.<ref>The Charatah itself can be a Petach here. Mishnah Berurah 341:6</ref> He argues it's better to violate the Issur Shevut of Hatarat Nedarim than the Issur DeOraita of violating a Shevua.<ref>Shulchan Aruch Orach Chaim 341:2</ref> Of course, if he remembers before Shabbat, he should be sure to take care of it in advance.<ref>Biur Halacha 341 s.v. Af, Kaf HaChaim 341:, Yalkut Yosef 341:7</ref> | ||
# Similarly, if one swore to repay a loan by a certain day, which turns out to be Shabbat, some say it's better for him to pay off the loan to avoid violating his Shevua, but the lender, if he's Jewish, cannot accept the payment, as for him there is no dispensation to violate the rabbinic prohibition of commerce on Shabbat. As such, he should give a collateral as repayment for now.<ref>Yalkut Yosef 341:6</ref> | # Similarly, if one swore to repay a loan by a certain day, which turns out to be Shabbat, some say it's better for him to pay off the loan to avoid violating his Shevua, but the lender, if he's Jewish, cannot accept the payment, as for him there is no dispensation to violate the rabbinic prohibition of commerce on Shabbat. As such, he should give a collateral as repayment for now.<ref>Yalkut Yosef 341:6</ref> | ||
# The Minhag has developed to annul on Shabbat any community Cherem placed on an individual, according to the Rashba, since that is the only time the community will gather together.<ref>Shulchan Aruch Orach Chaim 341:2. See Shulchan Aruch Orach Chaim 305:12 about making a Cherem in general on Shabbat and Maamar Mordechai ad loc. regarding the subjectivity or lack thereof of this Halacha.</ref> | # The Minhag has developed to annul on Shabbat any community Cherem placed on an individual, according to the Rashba, since that is the only time the community will gather together.<ref>Shulchan Aruch Orach Chaim 341:2, Yoreh Deah 228:3. See Shulchan Aruch Orach Chaim 305:12 about making a Cherem in general on Shabbat and Maamar Mordechai ad loc. regarding the subjectivity or lack thereof of this Halacha.</ref> | ||
=Sources= | =Sources= | ||
{{Reflist|30em}} | {{Reflist|30em}} | ||
[[Category: Haflaah]] | [[Category: Haflaah]] | ||
