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An 11 year old girl made a neder that if she finds a certain object that she had lost then she'll give to tzedeka 20 agarot (which is today around 5 cents) every week (for the rest of her life.)

Does the neder take affect? Could her Father be "mafir" her neder?

(As a side note I had a doubt also over here if a neder can take affect on something less than a prutah however it seems to be that 5 cents is more than a prutah so that woudln't be part of the question -- a prutah is around 2 cents. I'm mentioning this just in case someone might point out this fact and that I don't think it applies over here.)

  • Where do you get your calculation for a Perutah, and if it isn't relevant why are mentioning it in the question? – Seth J Oct 20 '13 at 20:00
  • Also, is this Halachah LeMa'aseh? And what makes this a unique case? – Seth J Oct 20 '13 at 20:02
  • @SethJ I put all the information I had, plus some other points that if I would have left them out I'm sure someone would have said something! – Yehoshua Oct 20 '13 at 20:07
  • @SethJ Unique or not, doesn't matter, I used this example to express the question (was once halacha l'maseh, don't know what was originally paskened.) – Yehoshua Oct 20 '13 at 20:08
  • @SethJ A prutah is 1/40 gram of silver. $0.02 is pretty accurate today. – Double AA Oct 20 '13 at 20:14
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Shulchan aruch Yoreh dea 233,1: קטן בן י"ב שנה ויום אחד וקטנה בת י"א שנה ויום אחד אם יודעים לשם מי נדרו ונשבעו נדריהם נדר ושבועתם שבועה אע"פ שלא הביאו ב' שערות ובודקין שנת י"ג לזכר ושנת י"ב לנקיבה וקודם שיש י"ב לזכר וי"א לנקיבה אפילו יודעים לשם מי נודרים אינו נדר - A minor boy from 12 and 1 day or a minor girl form 11 and 1 day as long as they know to whom they are making a vow to (to Hashem) their vows are valid and their oaths are oaths even though they haven't matured. But under 12 for a boy or 11 and bellow for a girl even if they know to whom they are vowing to their vows are null.

Shulchan aruch Yoreh dea 234,1: האב מפר נדרי בתו כל זמן שהיא קטנה או נערה אפי' נדרה על דעת רבים - The father can nullify his daughters Neder while she is a minor (from 11 - 12 as under 11 her neder is not even valid) even a vow that was done in the knowledge of many people (2 people).

There is a Machlokes rishonim which vows the father can nullify, The vows that cause her physical pain and those that affect between him and her,(rosh, ritva, Ran, nimmukei yosef and tosfos) or any neder whatsoever (Rambam hilchos Nedarim 12,1 see kesef mishna there).

But here everyone agrees that this is between him and her as he has to pay up as she doesn't own any money yet ,so as long as he is mefer (nullifies) ביום שמעו on the day he hears the vow/oath (numbers 30,6) her neder is nulified.

What happens when she goes out of her fathers reshus (Domain)?

According to Ran, Rosh, tosfos and nimukei yosef ritva then the neder comes back on to her and she has to now fulfill it . this is because SA YD, 234,55: ודברים שבינו לבינה אין ההתרה אלא לעצמו כל זמן שיש לו בו תועלת דהיינו כל זמן שהיא תחתיו - Matters between her and him there is nullification of the vow only when he has a reason i.e it affects him. That is only whilst she is in his domain.

However according to the Rambam the vow is completely nullified as the father has complete power over whatever neder she says even if it doesn't affect him whatsoever.

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