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Let’s say someone says he is noder hana’ah from a smartphone. What is included in the Neder?

I assume that using the physical object (ex. as a paperweight) would be out. I assume that using the software on it (ex. calls, texting, games, StackExchange) would also be forbidden, since Nedarim go after the common usage of the terms, and “usage of a phone” would include the data on it as well.

What about things which don’t directly involve a phone? Many phones have a hotspot function on them. Can one have his hotspot turned on (from before the Neder, or have someone else turn it on, perhaps), and then use the Internet on a different device using this hotspot? What about devices which require proximity to a phone - say, a smart watch? Maybe a person doesn’t want to use his phone at all - he just wants people to think highly of him because he owns a fancy iPhone X, so he keeps it out on the table. Is that considered usage?*

In all of these cases, he’s not directly using the object. In the hotspot case, he’s using its data, but not on the device itself. In the smart watch case, he’s not using the phone, but rather his proximity to it. In the iPhone X case, he’s technically not using the phone at all. In which of these cases, if any or all, would the Neder apply?


*The question is asked regarding a borrower if borrowing for this purpose is considered borrowing. The Gemara doesn’t answer it (BM 96a). Can the same question be asked here? Are Nedarim and She’eilah a perfect parallel?

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    Since Nedarim go after the common usage of the terms, and benefiting from the phone's hotspot feature would generally be referred to as "USING it as a hotspot", then why should this not be included in his "neder"? – IsraelReader Jul 23 '18 at 17:00
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Partial Answer:

The question is asked regarding a borrower if borrowing for this purpose is considered borrowing. The Gemara doesn’t answer it (BM 96a). Can the same question be asked here? Are Nedarim and She’eilah a perfect parallel?

Nedarim and She’eilah are NOT a perfect parallel.

The question in the gemara is what the Torah term of "borrowing" in regard to the laws shomer requires. Is it monatary value or benefits etc.

But as you quoted " Nedarim go after the common usage of the terms", so one would have to know what the person who made the neder intended to include in his termanology of borrowing.

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