1

Is it possible to remove a neder through saying kol nidre alone on a regular weekday? And if not, what possibilities are there to remove a neder without asking a Beit din.

5
  • what kind of neder?
    – michael
    May 25, 2016 at 12:47
  • @Welcome Yossef. This question is ramificated.
    – kouty
    May 25, 2016 at 13:53
  • 1
    Yosef, welcome to Mi Yodeya, and thanks very much for the interesting question! If you haven’t done so already, you should take a look at the tour. Please consider registering your account, to enable more site features, including voting. I hope you find more Q&A of interest and stay learning with us!
    – mbloch
    May 25, 2016 at 15:01
  • 3
    Are you asking about yourself? The answer is very likely no but you are much better off asking a rav. If the subject is delicate he might help you navigate your way through it. If not most of the times you can annul it in front of the rav plus two other learned Jews
    – mbloch
    May 25, 2016 at 15:02
  • You convene a beis din (3 religious men) and have them perform a Hatarat Nedarim for you. The Hebrew text is here daat.ac.il/daat/sidurim/sfarad/rosh/hatarat.htm ; it must be done in a language that the petitioner understands, and maybe the dayanim too
    – SAH
    Oct 10, 2016 at 13:38

1 Answer 1

2
  1. Removing a neder is called unraveling or cancellation (התרה).
  2. 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 בָטֵל, וּבִלְבַד שֶׁיְּהֵא זָכוּר בִּשְׁעַת הַנֶּדֶר:‏

Rabbi Eliezer Ben Jacob said: also he who wishes to subject his friend to a vow to eat with him, should declare: every vow which i may make in the future shall be null'. [his vows are then invalid,] providing that he remembers this at the time of the vow.

מְפָרֵשׁ בַּגְּמָרָא דְּחַסּוֹרֵי מִחַסְּרָא וְהָכִי קָתָנֵי, הָרוֹצֶה שֶׁיֹּאכַל חֲבֵרוֹ אֶצְלוֹ וּמְסָרֵב בּוֹ וּמַדִּירוֹ , נִדְרֵי זֵרוּזִין הוּא. וְהָרוֹצֶה שֶׁלֹּא יִתְקַיְּמוּ נְדָרָיו כָּל הַשָּׁנָה יַעֲמֹד בְּרֹאשׁ הַשָּׁנָה, וְיֹאמַר, כָּל נֶדֶר שֶׁאֲנִי עָתִיד לִדֹּר יְהֵא בָטֵל. וְיַעֲמֹד בְּרֹאשׁ הַשָּׁנָה לָאו דַּוְקָא, אֶלָּא הוּא הַדִּין בְּכָל עֵת שֶׁיִּרְצֶה וּלְכָל זְמַן שֶׁיִּקְבַּע:‏

The text is defective, and this is what was taught : He who desires his friend to eat with him, and after urging him, imposes a vow upon him, it is 'a vow of incitement [and hence invalid].

and he who desires that none of his vows made during the year shall be valid, let him stand at the beginning of the year and declare, 'Every vow which I may make in the future shall be null.

Rambam Hilchot Nedarim 2, 5: If he remembered the stipulation at the time he made the vow, the vow is effective, for by taking the vow, he nullified the stipulation. If, however, he did not remember the stipulation until after he made the vow, the vow is nullified even if [immediately after taking the vow], he brought the stipulation to mind and maintained it. Although he did not verbalize his retraction at the time [he made the vow], the retraction preceded the vow and he verbalized it beforehand. There is an authority who rules stringently and says that he must remember the stipulation immediately thereafter taking the vow.

  1. We see that this is, according to the Bartenura, an option to cancel in advance a neder. This is not linked to an already existant neder. It is necessary to remember this prior condition at time of the future neder, and to agree with it. Following this explanation, the mention of Nedarim, this mishna is probably talking about Kol Nidre. In Kol Nidrey is oriented to future Nedarim. A man can make a kind of Kol nidre alone and for 10 coming years, not one only.
  2. So Rabenu Tam decided, according to this that in Kol nidrey we say Miyom kipurim ze Leyom Kipurim haba... and not Miyom kippurim Sheavar Leyom Kippurim ze
  3. According to the Nussach Myom Kippurim Sheavar (which are accredited by the Rosh despite Rabenu Tam, and seems to be the original nussach of Baale Hatosfot before the modifications of Rabenu Tam), however, Kol nidrey is an annulation but only for already existant nedarim, but for "Shigegat Tsibur" (a kind of Collective erroneous neder) See Bet Yossef OC 619. An other point: In this kind of Kol Nidre there is 3 men that play the role of Dayanim to cancel the neder. Kol Nidrey is not made to be said by a "Yachid".
  4. Anyway for a Yachid, the Halacha is more stringent and the annulation must be with a bet din and the noder must explain to the chacham the neder in way to obtain an annulation. See SA YD 212, 2-3 and see SA OC 619, 1
  5. Without asking a Bet Din or a Chacham, I do not know how to remove a Neder.
3
  • ok, @mbloch I want to explain the difference between hatara and hafara
    – kouty
    May 25, 2016 at 15:09
  • @so I changed to unravelling (defaire un noeud) that is the translation of hatara and added annulation that is a good word for the meaning. But if you think that is not good feel free to correct it.
    – kouty
    May 25, 2016 at 15:16
  • added SA OC 619 and Rosh and differentiation between shigegat tsibur and nidre Yachid
    – kouty
    May 25, 2016 at 17:20

You must log in to answer this question.

Not the answer you're looking for? Browse other questions tagged .