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Hatarat Nedarim: Difference between revisions
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# 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> | ||
==Bet Din== | ==Bet Din== | ||
# Hatarat Nedarim should be done in front of three people who know how Hatarat Nedarim functions.<Ref>[http://www.sefaria.org/Shulchan_Arukh,_Yoreh_De'ah.228.1?lang=bi&with=all&lang2=en Shulchan Aruch YD 228:1] writes that one may do Hatarat Nedarim in front of 3 hedyotot. The Shach YD 228:2 explains that they don't need to be knowledgeable in halacha as long as they know how Hatarat Nedarim works. </ref> | ===How Many Dayanim=== | ||
# Hatarat Nedarim should be done in front of three people who know how Hatarat Nedarim functions.<Ref>[http://www.sefaria.org/Shulchan_Arukh,_Yoreh_De'ah.228.1?lang=bi&with=all&lang2=en Shulchan Aruch YD 228:1] writes that one may do Hatarat Nedarim in front of 3 hedyotot. The Shach YD 228:2 explains that they don't need to be knowledgeable in halacha as long as they know how Hatarat Nedarim works.</ref> | |||
# Even though according to the letter of the law an expert individual (Yachid Mumcheh) can annul Nedarim on his own, we do not have anyone who fits this status nowadays according to the Shulchan Aruch.<ref>Shulchan Aruch Yoreh Deah 228:1</ref> | # Even though according to the letter of the law an expert individual (Yachid Mumcheh) can annul Nedarim on his own, we do not have anyone who fits this status nowadays according to the Shulchan Aruch.<ref>Shulchan Aruch Yoreh Deah 228:1</ref> | ||
# It's recommended to perform Hatarat Nedarim in front of ten people so that one is able to annul a Nidduy Chalom.<ref>Chazon Ovadyah (p. 263)</ref> | |||
# According to Rav Tzvi Pesach Frank, seemingly only the majority of the Dayanim need to agree to annul the vow, like by monetary cases, and not all of them.<ref>Shu"t Har Tzvi Yoreh Deah 189. He cites Yevamot 25b as a proof, but Chacham Ben Tzion Abba Shaul (Kitvei HaTalmidim ad loc, printed in Yeshurun vol. 38 page 221, rejects his proof.</ref> | |||
===Who May Sit on the Beit Din=== | |||
# One may not perform Hatarat Nedarim in the location of his Rebbe or someone greater than him without permission.<ref>Shulchan Aruch Yoreh Deah 228:2</ref> | # One may not perform Hatarat Nedarim in the location of his Rebbe or someone greater than him without permission.<ref>Shulchan Aruch Yoreh Deah 228:2</ref> | ||
# Women and children may not serve as Dayanim for Hatarat Nedarim;<ref>Though we allow one to annul his Nedarim at night, with relatives, and standing, all of those disqualifications are external to one's own status as a viable Dayan. Rabbi Akiva Eiger Yoreh Deah 228:1, Shu"t Rabbi Akiva Eiger Hashmatot Siman 73</ref> however, one may gather three Dayanim in addition to the thirteen year old whose maturity status has not yet been determined and tell only the lad the details of the Neder.<ref>As Pirut HaNeder is only MiDeRabbanan, so one can rely on the Chazakah. Pitchei Teshuva Yoreh Deah 228:2</ref> | # Women and children may not serve as Dayanim for Hatarat Nedarim;<ref>Though we allow one to annul his Nedarim at night, with relatives, and standing, all of those disqualifications are external to one's own status as a viable Dayan. Rabbi Akiva Eiger Yoreh Deah 228:1, Shu"t Rabbi Akiva Eiger Hashmatot Siman 73</ref> however, one may gather three Dayanim in addition to the thirteen year old whose maturity status has not yet been determined and tell only the lad the details of the Neder.<ref>As Pirut HaNeder is only MiDeRabbanan, so one can rely on the Chazakah. Pitchei Teshuva Yoreh Deah 228:2</ref> | ||
# One who prohibits himself from benefiting from certain people may not use them on the Beit Din to annul his Neder, but it would work post-facto.<ref>Shulchan Aruch Yoreh Deah 228:5</ref> Others reverse the case, that only if he prohibits himself from giving benefit to certain people may they not serve as Dayanim.<ref>Shach Yoreh Deah 228:10</ref> In such a case, some say a Chacham from that city can include people who are from elsewhere on the Beit Din, while others disagree.<ref>Taz Yoreh Deah 228:8, Shach Yoreh Deah 228:12</ref> | # One who prohibits himself from benefiting from certain people may not use them on the Beit Din to annul his Neder, but it would work post-facto.<ref>Shulchan Aruch Yoreh Deah 228:5</ref> Others reverse the case, that only if he prohibits himself from giving benefit to certain people may they not serve as Dayanim.<ref>Shach Yoreh Deah 228:10</ref> In such a case, some say a Chacham from that city can include people who are from elsewhere on the Beit Din, while others disagree.<ref>Taz Yoreh Deah 228:8, Shach Yoreh Deah 228:12</ref> | ||
# Similarly, one who swears to not become a Gabbay or trustee of the city may not seek annulment from the Chacham of the city.<ref>Shulchan Aruch Yoreh Deah 228:6. See Taz Yoreh Deah 228:9 who finds difficulty with this ruling and its ramifications.</ref> | # Similarly, one who swears to not become a Gabbay or trustee of the city may not seek annulment from the Chacham of the city.<ref>Shulchan Aruch Yoreh Deah 228:6. See Taz Yoreh Deah 228:9 who finds difficulty with this ruling and its ramifications.</ref> | ||
# If one prohibits himself to the entire Jewish people, it's like a Bediavad case, so he may ask anyone to annul his Neder for him.<ref>Shach Yoreh Deah 228:11</ref> | # If one prohibits himself to the entire Jewish people, it's like a Bediavad case, so he may ask anyone to annul his Neder for him.<ref>Shach Yoreh Deah 228:11</ref> | ||
===Additional Functions=== | |||
# One Beit Din can annul numerous Nedarim of numerous people with one Hatarat Nedarim ceremony.<ref>Rama Yoreh Deah 228:2</ref> | |||
==Procedure== | ==Procedure== | ||
# Hatarat Nedarim should be done in a language that one understands, otherwise it isn't valid.<ref>Chayei Adam 138:8, Kitzur Shulchan Aruch 128:16. See Rama Yoreh Deah 228:3</ref> | # Hatarat Nedarim should be done in a language that one understands, otherwise it isn't valid.<ref>Chayei Adam 138:8, Kitzur Shulchan Aruch 128:16. See Rama Yoreh Deah 228:3</ref> | ||
