Tag Info

Hot answers tagged

5

Your example is politically loaded. Let's try a simpler one. Joe makes a vow not to eat chocolate. Then he finds himself on a desert island where there is no food other than chocolate, and he will otherwise die of starvation. (Or more simply -- he's having a diabetic emergency and the only available food is chocolate.) The prohibition of violating a vow is ...


4

I finally found the Sefer Lulei Toratcha stories with Rav Shach on the parsha.Parshas Matos 30:4. Rav Shach answered that she should name the child Shmayah since it is similar to the name Shimon and in this way she can be miskayim the neder a little bit.


4

There is nothing special going on here based on the marriage relationship. Anyone can say to anyone else: "Do you swear XYZ?" and if they answer affirmatively, the oath is binding on them. So too if a husband says to his wife "Do you swear to not talk to Ploni-down-the-street?" The relevant rule in this case is that breaking that specific oath is considered ...


3

The Shela in the beginning of Mesechtas Yoma - paragraph beginning with וכך הוא המנהג mentions saying דיינים מומחים in the context of saying it in front of a group of Talmidei Chochomim (wise scholars) and Yirei Shomayim (God-fearing people). Orchos Rabeinu 2 page 171 mentions that the Steipler omitted the word "מומחים." However, Rabbi Shlomo Kluger ...


3

Tallis -- this is easy. The halachic default is that everyone 13 and up should be wearing a Tallis; Ashkenazi never-married-men happen to have a custom otherwise. (Rabbi Meiselman, for instance, feels this whole custom is in error and his unmarried sons wear tallisos.) In absence of such a custom, we default to the standard -- wear a Tallis. Hair covering ...


3

Rashi to the cited verse: לא יחיה: ומאותה קללה מתה רחל בדרך Shall not live: and from that curse Rachel died on the road. So it seems that it was a curse.


3

By making the neder to bring a mincha with barley when he knows it is not possible, this person is making a neder in vain – a neder shov. From INSIGHTS INTO THE DAILY DAF Nedarim 15 I see that The RAN (end of Nedarim 14b) writes that there is no Isur of "Neder Shav," a Neder made in vain, as there is an Isur of Shevu'as Shav, a Shevu'ah made in ...


3

You can give Tzedakah with Maaser money, as long you don't have an obligation to give that Tzedakah. Example: Someone got an Aliya. The cost of the Aliya was $180. He is not permited to deduct it from Maaser, but he can be Menadev (pledge) $180 from his Maaser when he has an aliya. You can read this and this for more info.


2

The Gemara in Sh'vuos 22b: שבועה שלא אוכל, ואכל נבילות וטריפות, שקצים ורמשים - חייב, ור' שמעון פוטר; והוינן בה, אמאי חייב? מושבע ועומד מהר סיני הוא! רב ושמואל ור' יוחנן דאמרי: בכולל דברים המותרין עם דברים האסורין Someone swears not to eat, and they eat forbidden foods, they are responsible [for violating their oath]. Why are they responsible for ...


2

In order to annul a vow, there must be a reason to annul it. Usually, that reason is of the form, "If I had known XYZ, I never would have taken that oath!" The 9th perek of Masechet Nedarim discusses annulling vows using the reason that something happened after the oath was taken which, had the person who swore known it would happen, he wouldn't have sworn ...


1

Vows have always been discouraged. In fact, the gemara in Masechet Nedarim specifically mentions certain halachot of nedarim exist to discourage the light usage of nedarim. Nonetheless, your example of using nedarim to break (at least certain) bad habits is indeed something that at least some major contemporary poskim support. GuardYourEyes.org is a ...


1

The Malbim says that they could not release their oath since they had an alternative solution which was the scenario that they enacted.


1

Let's call it "very strongly discouraged." If they were all-out prohibited, the Torah wouldn't have a procedure for them. There was a point when Jewish law would demand an oath in financial proceedings (e.g. "I was supposed to watch your cow and I swear I didn't abuse it in any way, it was hit by a lightning bolt"), but we try to avoid those today whenever ...


1

The first mishna in Nedarim states that כנויים "equivalent terms" for neder, charamos, or shevua are treated as if they are actually a neder, cherem, or shevuah. This would imply that "I promise" would be treated like the alternative terms given in Aramaic.The Art Scroll gemoro notes on the first mishnah point out that a neder is a Chovat Cheftzah (apply to ...


1

I've heard a few Rabbis mention in their drashos that focusing on nedarim and how careful we must be with our words brings the message home how powerful our words really are. This gets us in the right frame of mind to put our words to good use in prayer for the next 25 hours.



Only top voted, non community-wiki answers of a minimum length are eligible