Hatarat Nedarim: Difference between revisions
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==Bet Din== | ==Bet Din== | ||
===How Many Dayanim=== | ===How Many Dayanim=== | ||
# Hatarat Nedarim should be done in front of three people who know how Hatarat Nedarim functions.< | # 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. Ben Ish Chai (Shanah Shniah, Re'eh 24)</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> | ||
# A Beit Din of two people cannot perform Hatarat Nedarim.<ref>Ben Ish Chai (Shanah Shniah, Re'eh 24)</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> | # 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> | # 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=== | ===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> | ||
