Hatarat Nedarim

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Hatarat Nedarim

  1. Hatarat Nedarim should be done in front of three people who know how Hatarat Nedarim functions. [1]
  2. Hatarat Nedarim should be done in a language that one understands, otherwise it isn't valid. [2]
  3. Minors need not perform hatarat nedarim. [3]
  4. It's good to perform Hatrat Nedarim in front of 10 people so that one is able to annul a Nidduy Chalom. [4]
  5. Hatarat Nedarim may be done at night and with relatives. [5]Some say that although Hatarat Nedarim may be preformed 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 relatives to one another.[6]
  6. 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.[7]
  7. The judges should sit for Hatarat Nedarim and the petitioner should stand.[8]
  8. 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. [9]
  9. The custom is to do hatarat nedarim on erev rosh hashana and erev yom kippur. [10]

==Sources==

  1. S"A YD 228:1 writes that one should do Hatarat Nedarim in front of 3 hedyotot. The Shach YD 228:2 explains that they don't need to be knowledgable in halacha as long as they know how Hatarat Nedarim works.
  2. Chayei Adam 138:8, Kitzur S"A 128:16.
  3. Shearim Metzuyanim bihalacha 128:24.
  4. Chazon Ovadyah (p. 263)
  5. S"A YD 228:3 writes that Hatarat Nedarim may be done at night and with relatives.
  6. 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 relatives of one another. A support for this ruling is Rabbi Akiva Eiger (comments on S"A 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.
  7. Chazon Ovadyah (p. 263)
  8. S"A YD 228:2-3 writes that the judges may perform Hatart Nedarim while seated if they uproot the Neder using Charata (regret) but should sit if they are uprooting the Neder using a Petach (a opening). Shach YD 228:9 writes that since the minhag is always to uproot a Neder using a Petach, the minhag is that the judges sit for the Hatarat Nedarim. The Shach also writes that although the petitioner doesn't need to stand, the minhag is that he stands. Rabbi Akiva Eiger (comments on S"A YD 228:1) quotes the Maharikash who argues that the petitioner must stand, however, after the fact he fulfilled his obligation he he said it sitting.
  9. See S"A YD 214:1, Minchat Shlomo 1:91:20
  10. Kaf Hachayim 581:12, Yalkut Yosef Moadim page 22, Yabia Omer OC 2:30, Chazon Ovadia Yamim Noraim page 42