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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?

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    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, 2017 at 3:39
  • @Jay, sounds like an answer. Perhaps post it as such?
    – msh210
    Aug 29, 2017 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, 2017 at 4:03
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    @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. Aug 29, 2017 at 10:47
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    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, 2017 at 13:29

1 Answer 1

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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:‏

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  • 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, 2017 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. Aug 30, 2017 at 14:21
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    Based on @SAH's profile picture and other questions, they should be saying מֻתָּר לָךְ, not לְךָ
    – Heshy
    Aug 30, 2017 at 15:16
  • @Heshy - Changed לְךָ to לָךְ when not quoting sources. :-) Aug 31, 2017 at 9:56
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    @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, 2017 at 11:50

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