4

I recently made a hataras nedarim in which two of the three dayanim were not articulating a single word, but simply intoning something like a low hum, during the part that is supposed to be said simultaneously by the three dayanim. One dayan, meanwhile, was saying the text. This is probably a basic question, but what is the explanation for why I was still yotzei -- as I'm sure I was?

  • 4
    My guess would be that their "low hum" was actually their recitation of the text. My experience from synagogue is that some people who quickly recite words they have said countless times sound like they're humming when in fact they are - hopefully - saying many distinct words. – Jay Aug 29 '17 at 3:39
  • @Jay, sounds like an answer. Perhaps post it as such? – msh210 Aug 29 '17 at 4:01
  • @Jay I was standing a few feet away from them and their lips did not seem to be moving at all. I could be wrong. – SAH Aug 29 '17 at 4:03
  • 1
    @SAH If you have a question about the procedure of the Beit Din, you should, with respect, ask them. Just tell them that you don't understand. I am sure they will be happy to teach you about what was going on. – Yaacov Deane Aug 29 '17 at 10:47
  • 1
    I'm curious, myself - regarding Hatarat Nedarim, I wonder if it may require 3 dayanim to hear the case but it is sufficient for just one of them to verbally annul. This sounds similar to what occurs in, say, civil cases. You have a panel of judges. They reach a majority decision. But just one of them announces the verdict. – DanF Aug 29 '17 at 13:29
6

The barebone Halacha is in Yoreh De'ah 228 - סימן רכח - דיני התרת נדרים - where it says that all that the 3 people need to say is מֻתָּר לָךְ - preferably thrice.

So I'm not sure what the others were saying but as long as they said מֻתָּר לָךְ (or similar, in any language) even once, the hataras nedarim is valid.

My guess: They either say it often and were zipping through it, or they had no clue why they need to say more than מֻתָּר לָךְ and were mumbling to make it look good.

ג: כֵּיצַד הִיא הַהַתָּרָה? יֹאמַר לוֹ (ה) ג' פְּעָמִים: מֻתָּר לְךָ, אוֹ שָׁרוּי לְךָ, אוֹ מָחוּל לְךָ, בְּכָל (ו) לָשׁוֹן שֶׁיֹּאמַר, (בֵּית יוֹסֵף בְּשֵׁם הָרַמְבַּ''ם), וַאֲפִלּוּ מְעֻמָּד, וּבִקְרוֹבִים, וּבַלַּיְלָה...‏

באר היטב (ה) ג' פעמים. ובדיעבד סגי בפעם א' (אלא עושים כדי לחזק הענין) וכ''כ הב''י והב''ח בשם הרמב''ם דא''צ שיאמר רק פ''א ש''ך:‏

באר היטב (ו) לשון. פי' אפילו בלשון לע''ז מחילה והתרה אבל אם אמר מופר לך או נעקרה שבועחך וכיוצא בזה לא אמר כלום שאין מיפר אלא הבעל והאב הרמב''ם:‏

  • While I see that your citation seems to say that all 3 people should recite this, I am curious if that's required, or even bedi'eved it suffices for one person to say this. – DanF Aug 30 '17 at 13:33
  • @DanF, if you look there you will see the rules of a single Chacham being able to do it himself, and it seems we can't do this nowadays, in general. – Danny Schoemann Aug 30 '17 at 14:21
  • 3
    Based on @SAH's profile picture and other questions, they should be saying מֻתָּר לָךְ, not לְךָ – Heshy Aug 30 '17 at 15:16
  • @Heshy - Changed לְךָ to לָךְ when not quoting sources. :-) – Danny Schoemann Aug 31 '17 at 9:56
  • 1
    @DannySchoemann Why do all three people need to say it? If the court decides to annul the vow, couldn't just the head of the court report the decision? – Double AA Aug 31 '17 at 11:50

You must log in to answer this question.

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