Hatarat Nedarim: Difference between revisions
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== Nedarim and Shevuot Subject to Hatarah== | == Nedarim and Shevuot Subject to Hatarah== | ||
# The [[Geonim]] introduced strict safeguards against their generations' imprudence in taking Nedarim by declaring [[Nedarim]] and [[Shevuot]] impossible to annul, but many Rishonim dismissed their sheltering attitude as a stumbling block for those who did take [[Nedarim]] and [[Shevuot]]. If one doesn't annul his Nedarim, he'll cease to seek annulment and just violate his Nedarim intentionally. Therefore, it's better to annul the Nedarim than let them be violated, even if it was taken with Hashem's name.<ref>Shulchan Aruch Yoreh Deah 230:1</ref> Some recommend not getting involved unless it's for a Mitvah purpose, community peace, or the like, and not to annul Nedarim that have a trace of sin either.<ref>Beit Yosef and Rama Yoreh Deah 230:1, Ben Ish Chai (Shanah Shniah, Re'eh 24). See Birkei Yosef Yoreh Deah 230:1 and 234:1</ref> Others also advise the Chacham to impose a monetary or fasting penalty on the one seeking Hatarah to discourage his taking further Nedarim.<ref>Shach Yoreh Deah 230:1</ref> | # The [[Geonim]] introduced strict safeguards against their generations' imprudence in taking Nedarim by declaring [[Nedarim]] and [[Shevuot]] impossible to annul, but many Rishonim dismissed their sheltering attitude as a stumbling block for those who did take [[Nedarim]] and [[Shevuot]]. If one doesn't annul his Nedarim, he'll cease to seek annulment and just violate his Nedarim intentionally. Therefore, it's better to annul the Nedarim than let them be violated, even if it was taken with Hashem's name.<ref>Shulchan Aruch Yoreh Deah 230:1</ref> Some recommend not getting involved unless it's for a Mitvah purpose, community peace, or the like, and not to annul Nedarim that have a trace of sin either.<ref>Beit Yosef and Rama Yoreh Deah 230:1, Ben Ish Chai (Shanah Shniah, Re'eh 24). See Birkei Yosef Yoreh Deah 230:1 and 234:1</ref> Others also advise the Chacham to impose a monetary or fasting penalty on the one seeking Hatarah to discourage his taking further Nedarim.<ref>Shach Yoreh Deah 230:1</ref> | ||
# If one performed a good practice 3 times and didn't say he was doing it Bli Neder and now he wants to nullify the practice, he should perform Hatarat Nedarim. <ref>See Shulchan Aruch YD 214:1, Minchat Shlomo 1:91:20</ref> | # If one performed a good practice 3 times and didn't say he was doing it Bli Neder and now he wants to nullify the practice, he should perform Hatarat Nedarim.<ref>See Shulchan Aruch YD 214:1, Minchat Shlomo 1:91:20</ref> | ||
# If a person took upon themselves to learn daf yomi and now he wants to change that he should do hatarat nedarim since it is a neder to learn a fixed amount of Torah.<ref>[https://www.torahanytime.com/#/lectures?v=90414 Rav Yitzchak Yosef in Motzei Shabbat Shiur Parshat Shoftim 5779 min 18]</ref> | # If a person took upon themselves to learn daf yomi and now he wants to change that he should do hatarat nedarim since it is a neder to learn a fixed amount of Torah.<ref>[https://www.torahanytime.com/#/lectures?v=90414 Rav Yitzchak Yosef in Motzei Shabbat Shiur Parshat Shoftim 5779 min 18]</ref> | ||
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==Time== | ==Time== | ||
# Hatarat Nedarim may be done at night and with relatives. <ref>Shulchan Aruch YD 228:3 writes that Hatarat Nedarim may be done at night and with relatives. </ref>Some say that although Hatarat Nedarim may be performed if one of the judges is a relative of the petitioner, it may not be performed if two of the judges of the Bet Din are related to one another.<ref> [http://www.yutorah.org/lectures/lecture.cfm/782120/Rabbi_Hershel_Schachter/Inyonei_Yom_Hakippurim Rabbi Hershel Schachter in a shiur on Inyonei Yom Kippur (min 40-2)] quotes Rav Aharon Soloveitchik as having ruled that while a relative could perform Hatarat Nedarim in front of a Bet Din with his relative as one of the judges, one may not perform Hatarat Nedarim in front of a Bet Din which has two judges who are related to one another. A support for this ruling is Rabbi Akiva Eiger (comments on Shulchan Aruch YD 228:1) who writes that while relatives can serve as a Bet Din for Hatarat Nedarim, a woman can't serve on such a Bet Din. | # Hatarat Nedarim may be done at night and with relatives.<ref>Shulchan Aruch YD 228:3 writes that Hatarat Nedarim may be done at night and with relatives. </ref>Some say that although Hatarat Nedarim may be performed if one of the judges is a relative of the petitioner, it may not be performed if two of the judges of the Bet Din are related to one another.<ref> [http://www.yutorah.org/lectures/lecture.cfm/782120/Rabbi_Hershel_Schachter/Inyonei_Yom_Hakippurim Rabbi Hershel Schachter in a shiur on Inyonei Yom Kippur (min 40-2)] quotes Rav Aharon Soloveitchik as having ruled that while a relative could perform Hatarat Nedarim in front of a Bet Din with his relative as one of the judges, one may not perform Hatarat Nedarim in front of a Bet Din which has two judges who are related to one another. A support for this ruling is Rabbi Akiva Eiger (comments on Shulchan Aruch YD 228:1) who writes that while relatives can serve as a Bet Din for Hatarat Nedarim, a woman can't serve on such a Bet Din. | ||
* However Rav Shmuel Wosner (M'bet Levi 5754, p. 15, n. 3) held that the judges could be relatives to one another.</ref> | * However Rav Shmuel Wosner (M'bet Levi 5754, p. 15, n. 3) held that the judges could be relatives to one another.</ref> | ||
# For all the details of Hatarat Nedarim on Shabbat, see [[Nedarim on Shabbat]]. In general, one should not do Hatarat Nedarim on [[Shabbat]] if the Hatarat Nedarim isn't needed for [[Shabbat]]. For a congregation there is room to be lenient regarding performing Hatarat Nedarim on [[Shabbat]] or on [[Yom Kippur]] itself.<ref>Chazon Ovadyah (Yamim Noraim p. 263)</ref> | # For all the details of Hatarat Nedarim on Shabbat, see [[Nedarim on Shabbat]]. In general, one should not do Hatarat Nedarim on [[Shabbat]] if the Hatarat Nedarim isn't needed for [[Shabbat]]. For a congregation there is room to be lenient regarding performing Hatarat Nedarim on [[Shabbat]] or on [[Yom Kippur]] itself.<ref>Chazon Ovadyah (Yamim Noraim p. 263)</ref> | ||
# The custom is to do [[hatarat nedarim]] on [[erev rosh hashana]] and [[erev yom kippur]]. <ref> Kaf Hachayim 581:12, Yalkut Yosef Moadim page 22, Yabia Omer OC 2:30, Chazon Ovadia Yamim Noraim page 42, Aruch Hashulchan OC 581:12 </ref> | # The custom is to do [[hatarat nedarim]] on [[erev rosh hashana]] and [[erev yom kippur]].<ref> Kaf Hachayim 581:12, Yalkut Yosef Moadim page 22, Yabia Omer OC 2:30, Chazon Ovadia Yamim Noraim page 42, Aruch Hashulchan OC 581:12 </ref> | ||
==Text== | ==Text== | ||
