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13

Your question is based on an incorrect supposition. Archaeology has shown that the typical Israelite dwellings during the Iron age were two floors with animals living on the bottom floor. See here: http://en.wikipedia.org/wiki/Four_room_house Here's a picture of a model of what they think they looked like: ...


10

http://halachafortoday.com/QandA4.aspx A: The Chazon Ish ruled that one who made up his mind to give Tzedaka to a certain poor person who was collecting, and then the poor person disappeared (similar to your case of the organization closing down) you can give the money to a different poor person (or in your case a similar institution) The best ...


8

Rabbi Samson Raphael Hirsch's approach, if I recall correctly, is that the number 3 represents the family (father+mother+child), and an additional 2 represents the community. Men are obligated to be involved in both, whereas women are only obligated in the former. Hence: mature female = 10 [= completion] x (3 [=family]) = 30 shekels mature male = 10 [= ...


7

"What might Yiftach have had in mind when he talked about something coming out of his house?" I believe he had in mind that a male member of his family, i.e. one of his sons, would come to greet him. Notice his wording "וְהָיָה לַיהוָה וְהַעֲלִיתִיהוּ עֹלָה", which the commentators translate "It will be for God or I will bring it as an olah offering (if ...


7

In the far more stringent case of "blessing" Hashem's Name, we find that one of the witnesses has to repeat before the beis din the actual words used (Sanhedrin 56a) - and of course he is not punished for that (no "Life of Brian" scenario here!). So I think that's a pretty strong proof that quoting doesn't equal an actual declaration. With nedarim and ...


7

The Shoel U'meishiv answers that this can be understood based on Rashi's and Tosfos' opinions in Sukkah(41a) where it says that the Third Beis Hamikdash will not be built by hand, rather it will decend from Heaven. There is a principal that the blessing does not come on to something that is empty . For example when Eliyahu Hanavi got oil for Ovdiah's wife ...


7

The gemara (Nedarim 2b) says explicitly what the difference is between a neder and a shevuah: דתנא נדרים דמיתסר חפצא עליה... לאפוקי שבועה דקאסר נפשיה מן חפצא It taught nedarim where one forbids an object on himself, and excluded shevuot where one forbids one's self from the object. This distinction follows through to the Rambam (first two halachot in ...


6

Based on the ArtScroll Machzor's introduction to Kol Nidrei: When Rabbah bar bar Chanah arrived at the site of Har Sinai, he heard a Divine voice proclaim: "Woe is me that I have sworn! But now that I have sworn, who will annul my oath?" (Bava Basra 74a) The Rashbam comments that HaShem looks for grounds to annul his oath not to end the exile (ibid.). The ...


6

From http://www.shemayisrael.com/parsha/alport/archives/matos67.htm ונבח הלך וילכד את קנת ואת בנתיה ויקרא לה נבח בשמו 32:41-42 Rav Aizik Ausband was once faced with a dilemma. His father-in-law, Rav Avrohom Yitzchok Bloch Hy”d, was one of the leaders of the Telz yeshiva who was tragically murdered in the Holocaust. Rav Ausband’s wife was ...


5

The Seventh of the 613 Mitzvot according to the Rambam is: והמצוה השביעית היא שצונו להשבע בשמו יתעלה כשנצטרך לקיים דבר מן הדברים או להכחישו כי בזה הגדולה לשם יתע' וכבוד ועילוי והוא אמרו (ואתחנן ו עקב י) ובשמו תשבע...‏ The seventh commandment is that we are commanded to take oaths in His holy name when we will need to establish or contradict ...


5

Rambam (Hil. Nedarim 3:7) draws exactly this distinction, based on Nedarim 16b. He says: ומפני מה נדרים חלים על דברי מצוה. ושבועות אין חלות על דברי מצוה. שהנשבע אוסר עצמו על דבר שנשבע עליו. והנודר אוסר הדבר הנדור על עצמו Translation from Chabad.org: Why do vows take effect with regard to mitzvot and oaths do not take effect with regard to mitzvot? ...


5

If you say it but don't intend it, it doesn't count as a vow (Yoreh Deah 210:1). However, the Bach and Maharshal (quoted in Be'er Heitev 210:1) say that if he intended to misspeak, what he says counts. But if you were forced to say the Pledge of Allegiance (as in Yirmeyahu's boy scout example), you are allowed to intend in your heart for it not to count ...


5

Erechin are described in Leviticus 27:1-8, and the idea behind them is discussed more here. The Torah assigns a simple "erech-value" to people based on their age and gender. Thus if someone pledged to donate "the erech of so-and-so", s/he would look up their age and gender in the erech table and be obligated to give that amount of silver. A neder means a ...


5

The isur comes from som tasim alecha melech- all appointment that you do should be from your brethren. This refers to positions where you are forcing people into judgement. But in a "non-appointed" position where the baal din or the noder comes of his own volition, that isn't a problem. (Aruch Hashulchan C.M. 7:1)


5

From KolTorah.org The Maharal commenting on Rashi, answers that this was the way the people back then made Shevu’ot; the one swearing would place their hands under the other thigh of the person he is swearing to (as the Ibn Ezra points out in his commentary to Breishit 24:2 and confirmed by Da’at Mikra ad. loc.). Yaakov thought that if he did not do ...


4

The piyyut is a poetic recreation, rather than an accurate representation of what happened. This is obvious since the Ten Martyrs did not actually live at the same time as one another. As such, this is a poetic statement demonstrating Hashem's conflicted emotions about doing this. He is also crying, and if they press the unfairness and awfulness of this, ...


4

No sources, just an attempt at logic. We have a strong tradition of altering divine names to avoid trouble when studying or talking (that is, outside of the situations where we really do want to use those names). This demonstrates a pattern for dealing with possibly-problematic speech. We have no such tradition for quoting people who spoke, either from ...


4

According to Alex's answer here (which I asked for this very purpose): "A neder, by definition, is either declaring something to be forbidden to oneself, or taking on an obligation to bring a korban or give tzedakah (Rambam, ibid. 1:1-2 and Matnos Aniyim 8:1)." So even if saying bli neder CAN circumvent a vow, logic dictates that it would only work ...


4

This is called a sh'vu'as shav (useless oath). The utterance has no effect because it is not stating or changing anything that was not already binding and true. The opening paragraph here has a couple other examples.


4

Other answers have addressed the meaning in the text and historical associations, but I think DoubleAA's comment is critical: it's the music. I've been told this by many members of my congregation, including both scholars and "regular Jews". For them, just reading the text would be empty, but hearing it sung connects them with the day, its themes, and its ...


3

From here: This explains a curious detail of Abraham's behavior related by the Torah. When Abraham wanted his servant, Eliezer, to take an oath, he told him to "place your hand under my thigh"(Genesis 24:2). An oath is taken while holding a sacred object such as a Torah scroll or tefillin; here Abraham is telling Eliezer to swear on the part of his own ...


3

As @DoubleAA wrote, the Rambam seems to imply that there is a mitzva to swear in Hashem's name (when something is true). However, there is a Medrash Tanchuma which says that since the verse says: "את ה' אלהיך תירא ואותו תעבוד ובו תדבק ובשמו תשבע" - "You will fear Hashem, serve him, cleave to him and swear in his name", one is only allowed to swear in ...


3

I am afraid I do not have a written source on this but I asked this sheilah (question) l'maaseh (for practice) regarding the Pledge of Allegiance and the Boys Scout pledge, since I have always been uncomfortable with such things. I was told since one may at any time quit the organization, it was permitted. The idea as I understand it is that insofar as it is ...


3

I read it in sefer Kisur Shulhan Aruch of Rav Gansfried with Rav Mordechai Eliyahu, that he brings a Tosafot in Besa 20A that says you must say Beli Neder before you say what you are trying to say. EDIT: The earliest source I have seen is this Tosafot.


3

I hereby nullify any expression of intent or condition or disclaimer, and disclaimers that result from my disclaimers (lit. that come out from within) ad infinatum, and invalidate any witnesses of my disclaimer against the vow that I am about to make. It is a declaration discounting any attempt to invalidate a vow, in order to make the vow absolutely ...


2

The problem people are trying to address is the concern that making an affirmative statement such as "I will XYX" may be considered a form of neder. Thus, to formally rule that possibility out a person may either start or end the sentence with bli neder. I believe this usually works along the lines of 'toch k'dei dibur', meaning that you can alter something ...


2

Two answers: 1)Rav Chaim Kanievsky answers the Mabul is a flood this returning the world to water refers to turning the world back to the way it was before creation not breaking the promise of not being another flood just turning the world back the way it was before creation. 2) Rav Gamliel Rabinovich answers the Gemara in Baba Basra says that Ravah Bar ...


2

The Sefer Tiferes LiMoshe (יור''ד סימן שי''ז) says you may not as normally You might say אין שליח לדבר עבירה (there is no sin through messenger) this situation is different because that is when you both have the Sin. Here only the sender has the sin so we sayשלוחו כמותו the messenger is like the person himself and he can not send someone else to do it.


2

In Yechave Da'at 2,70 R' Ovadia discusses women's obligation to keep their minhag of keeping Mitzvot Asseh Shehazman Graman. He generally holds that since they are not obligated - the fact that they kept something 3 times does not make it a neder. The is also a similar and longer response on Yabia Omer 2 Orach Chayim 30.


2

It seems that if you take a neder to go to work that it would not do anything. The לשון would probably be ’’הרי עלי להלוך לעבודה’’, which makes no sense, because there is no object on which the neder can be חל. However, if you said one of the following: a)הרי עלי שבועה שאלך לעבודה or b) הרי הליכה לעבודה על רגלי קונם or קונם רגלי בהליכה the neder would be ...



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