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6

The Shulchan Arukh in the laws of Nedarim (YD 210:1) rules that if one intended to prohibit wheat bread to himself as a Neder but only said "bread" unmodified, only wheat bread is prohibited to him. (The Shakh there rules this is only so if the omission of the type of bread was an accident, and one cannot rely on this rule Lechatchila.) Your case ("i will ...


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

It depends on the circumstances. Obviously, n'darim in general are a matter of biblical law: they're mentioned in the Tora. Yad, N'darim 1:4. On the other hand, some rules were established by the rabbis as safeguards against violating biblical laws of n'darim. Ibid., :27.


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.


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

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 ...


2

The relevant date is the date when he hears who vowed and what they vowed. (Rambam Nedarim 12:21, Shulchan Arukh YD 234:21,31-32)


2

The Beis Yosef in O.C. 603 quotes a Tashbet"z quoting R' Shmuel of Burnburk that one shouldn't accept not to eat pas palter during aseres yemei teshuva because if he did he'd have to continue keeping it all year. We don't pasken like that which is where the Aruch HaShulchan is coming from. That being the case I think it's clear from the poskim the way they ...


2

It's a Mishna in Nedarim states that vows based on an error are one of 4 types of vows that are invalid. פרק ג - משנה א אַרְבָּעָה נְדָרִים הִתִּירוּ חֲכָמִים, נִדְרֵי זֵרוּזִין, וְנִדְרֵי הֲבַאי, וְנִדְרֵי שְׁגָגוֹת, וְנִדְרֵי אֳנָסִים End of פרק ג - משנה ב נִדְרֵי שְׁגָגוֹת, אִם אָכָלְתִּי וְאִם שָׁתִיתִי, וְנִזְכַּר שֶׁאָכַל וְשָׁתָה. ...


2

Removing a neder is called unraveling or cancellation (התרה). The link between Kol nidre and removing neder needs to be explained. See Mishna Nedarim 3, 1 with its paraphrase in Gemara summarized in Bartenura: רַבִּי אֱלִיעֶזֶר בֶּן יַעֲקֹב אוֹמֵר, אַף הָרוֹצֶה לְהַדִּיר אֶת חֲבֵרוֹ שֶׁיֹּאכַל אֶצְלוֹ, אוֹמֵר, כָּל נֶדֶר שֶׁאֲנִי עָתִיד לִדֹּר הוּא ...


1

According to Rav Naftali Tzvi Y'huda Berlin in his commentary Ha'mek Davar, tithing is a generic term for separating some of one's wealth and giving it away - particularly to poor people. Indeed, we find people other than Ya'akov doing so elsewhere in Tana"ch. However, continues the N'tzi"v, Ya'akov specified in this case that he was giving the gift to ...


1

If a person decides to intentionally do something which is a "chumrah" (voluntary strict practice, not required by law) and also intends that his practice be his knew way of acting forever, (AND he is well aware that it is not obligatory,) then it has the halachic force of a neder (vow) even if he only does it one time. (see Shulchan Aruch Yoreh Deah 214:1; ...


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

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.


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

One of the purposes of halakhic Midrash was the exegesis of the Bible. In this regard, the halakhic midrash extant for the Book of Exodus comes from the school of R. Ishmael, which is the Mekhilta of Rabbi Ishmael. The word Mekhilta comes from the Aramaic word מכילתא, which means a collection of rules of interpretation, which is what we today would call ...


1

Rav Hirsch in Vay'chi 50:25 points out that this oath was not just designed to bind the brothers, but was meant to bind whichever generation actually managed to leave Mitzraim. Thus, he could not make the original oath use the word Itchem. However, when the exodus actually occurred, the oath then took effect and the word "itchem" now applied.


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

On a peshat level, Yiftach (see Shofetim 11) was not exactly the most educated or refined of individuals. 1) He was the son of a harlot (pasuk 1) 2) He was a gang leader of a group of no-goodniks (pasuk 3) who was only brought back and promoted because a tough guy was needed (pasuk 8). 3) He is not theologically sophisticated, and in speaking to the king ...



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