15
votes
Accepted
Source that you can't tell your wife not to lend to others
Kesubos 72a
תניא נמי הכי המדיר את אשתו שלא תשאל ושלא תשאיל נפה וכברה ריחים ותנור יוציא ויתן כתובה מפני שמשיאה שם רע בשכינותיה
Someone who imposes a vow on his wife that she may not borrow or lend ...
9
votes
Accepted
Can a man nullify a woman's vow that was made before she became his wife upon hearing it?
The Talmud in Gittin 35b, Nedarim 67a, 72a, and 89a says a general rule
אין הבעל מיפר בקודמין
The halakha is that the husband does not have the ability to nullify with regard to vows his wife took ...
7
votes
Source for taking an oath on beard and payos
I found the source I was looking for ,it is from the Chofetz Chaim in his Kuntres Tiferes Adam (on the issur of shaving ). He writes that he remembers that when a Jew took a vow he would do so with ...
6
votes
Accepted
Don't have to articulate hataras nedarim?
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 ...
6
votes
Accepted
If Kol Nidre is effective, why do people do hatarat nedarim?
yeshiva.co was posed this question ("Hatarat Nedarim & Kol Nidrei") and responded:
1) The most common answer [...] is that Kol Nidrei refers to the vows of the community, while Hatarat Nedarim ...
5
votes
Eirichin & Nedarim
At face value, it would seem that the mitzvah of arachin is ‘powered’, so to speak, by nedarim. It is a pledge to pay one’s ‘eirech’ value, not unlike the neder one can make to donate one’s ‘damim’ ...
5
votes
Neder not specified
The Shulchan Arukh in the laws of Nedarim (YD 210:1) rules that if one intended to prohibit wheat bread to himself as a Neder but only said "bread" unmodified, only wheat bread is prohibited to him. (...
5
votes
Must one fulfill a promise to another? What if circumstances change the initial reasoning behind the proposal?
It appears indeed one should keep his promises in the context of a small gift. The Rambam writes (MT Mechira 7:9) (based on the gemara in Baba Metzia 49a)
Similarly, if a person promised to give a ...
4
votes
Accepted
Are nedarim considered Biblical or Rabbinic laws?
It depends on the circumstances. Obviously, n'darim in general are a matter of biblical law: they're mentioned in the Tora. Yad, N'darim 1:4. On the other hand, some rules were established by the ...
4
votes
Accepted
Can you abandon a personal chumra if it was based on a misunderstanding of the mitzvah?
Yes In Shulchan Aruch YD 214 is stated that
אבל הנוהגים איסור בדברים המותרים מחמת שסוברים שהם אסורים לא הוי כאילו קבלום בנדר
If someone was acustomed to prohibiting something that is permitted by ...
4
votes
Accepted
Why didn't Yosef's brothers bury him where he asked?
The OP quotes a verse that has Yoseph saying: "When G-d comes to you..."
Yosef planned on being buried in Egypt. He simply wanted to leave when everyone else did. By that time, his brothers had ...
4
votes
Can a woman be one of the three for hatares nedarim?
Source:
http://halachipedia.com/index.php?title=Hatarat_Nedarim
Rabbi Akiva Eiger (comments on Shulchan Aruch YD 228:1) who writes that while relatives can serve as a Bet Din for Hatarat Nedarim, a ...
4
votes
Accepted
Was it customary for there to be an annual lamentation for someone's death, e.g. the daughter of Jephthah? Details as to her mourning process?
I believe answers your questions are all found in the Metzudos David.
The first thing to note is that based on the explanation of the the commentary. It is to be noted that he is of the opinion that ...
4
votes
Accepted
When does the clock for a husband annulling his wife's vows start?
The relevant date is the date when he hears who vowed and what they vowed. (Rambam Nedarim 12:21, Shulchan Arukh YD 234:21,31-32)
4
votes
Why didn't Yosef's brothers bury him where he asked?
As I explain in Vayigash - Why didn't the family go back?, Par'o only allowed Yosef to bury Yaakov in Eretz Yisrael because of the oath Yaakov had made him swear. Even then, he forced the brothers ...
4
votes
Do fathers revoke all their daughters' vows right before they turn 12.5?
From Halachipedia
The practice of Talmidei Chachamim is to tell their daughters prior to
Kiddushin that all Nedarim they have taken are hereby revoked.[20] In
fact, Rav Moshe Shternbuch advises ...
4
votes
Accepted
Did Yiftach's daughter have to comply with his vow?
Midrash Bereshis Rabba 60,3 says clearly that Yiftach's daughter did not need to comply as Yiftach's neder was not valid to bring his daughter as a sacrifice and therefore according to Reish Lakish ...
4
votes
Accepted
A Wife Taking a Vow
Rashi, citing Sifrei and the Talmud, answers this.
If you look at the structure, it goes:
A daughter's vow can be cancelled by her father
What if she "will be to a man?" That man can cancel ...
3
votes
Why did Avraham ask Eliezer to swear in the way he did?
Ibn Ezra explains that this was a standard form of displaying the servant's subservience to the master, and notes that it is still in practice in India:
והקרוב אלי שהיה משפט בימים ההם לשום אדם ידו ...
3
votes
According to the Rambam, if I make a vow and I realize that it was based on an error, is it still binding?
It's a Mishna in Nedarim states that vows based on an error are one of 4 types of vows that are invalid.
פרק ג - משנה א
אַרְבָּעָה נְדָרִים הִתִּירוּ חֲכָמִים, נִדְרֵי זֵרוּזִין, וְנִדְרֵי הֲבַאי, ...
3
votes
Can a husband forbid his wife from doing something (which will not hurt her)
I am merely translating the passage quoted by the questioner from the Chelkas Mechokek Shulchan Aruch even hoezer 74,17 which gives us the answers:
אם מדיר אותה דבר שהוא לטובתה כגון שהדיר קונם ...
3
votes
Accepted
Tzedakah and tax deduction
R Shimon Taub (The Laws of Tzedakah and Maaser, p. 149) writes that
One who benefits by giving tzedakah because he ends up paying less
taxes is not obligated to give that profit to tzedakah. ...
3
votes
Accepted
Promise on a death bed
Regarding the first and last parts of your question, if this is a valid promise, and if it’s quoted in the Shulchan Aruch, see YD 179:14 (h/t DoubleAA):
להשביע את החולה לשוב אליו לאחר מיתה להגיד לו ...
3
votes
Why is garlic forbidden to one who forswore mikpa?
I think that the Bartenura follows the Pshat of the Rosh (here 4th line from the end).
The Rosh words are below.
דלא תימא כי היכי דנודר מן המקפה אסור בשום משום שדרך ליתן שום במקפה, הוא הדין נמי ...
3
votes
Annulment of women's nedarim
Yes it still applies. The laws are found in Shulchan Arukh YD 234.
Here is an example of a modern rabbi discussing using it practically nowadays.
3
votes
Annulment of women's nedarim
Yes. These halachos can be found in the Shulchan Aruch Yoreh Deah 234:1-72
(the case you specifically mention- annulling the vow until sunset- can be found in YD 234:21).
Even though technically ...
3
votes
Why the Minimum Nazirship Length?
במדבר ו ה
כָּל־יְמֵי֙ נֶ֣דֶר נִזְר֔וֹ תַּ֖עַר לֹא־יַעֲבֹ֣ר עַל־רֹאשׁ֑וֹ
עַד־מְלֹ֨את הַיָּמִ֜ם אֲשֶׁר־יַזִּ֤יר לַיהוָה֙ קָדֹ֣שׁ יִהְיֶ֔ה
גַּדֵּ֥ל פֶּ֖רַע שְׂעַ֥ר רֹאשֽׁוֹ׃
Bamidbar p6 5
...
3
votes
Is one allowed to swear to do something that depends on someone else's approval?
In this particular case, we see that Yosef did not want to swear as his father asked, because he wanted to say that he would do all that he could himself. While normally he should only have sworn to ...
3
votes
Accepted
Did אָכִיש actually use Hashem?
Good question!
According to Radak on the verse, Achish wanted to convince David that he was only letting him go because of peer pressure from the other seranim (leaders of the Phillistines), and not ...
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