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Misva #406: The Annulment of Vows

Misva #406: The Annulment of Vows

FromSefer Hachinuch


Misva #406: The Annulment of Vows

FromSefer Hachinuch

ratings:
Length:
20 minutes
Released:
Feb 28, 2023
Format:
Podcast episode

Description

The opening verses of Parashat Matot introduce the concept of the annulment of vows, whereby a vow which a person took can be voided such that he or she is no longer bound to it. The Sefer Ha’hinuch, following the view of the Rambam, lists the procedure for the annulment of vows as one of the Torah’s 613 commands. This is in contrast to the view of the Ramban, who maintained that this Halacha should not be included in the list of the 613 Misvot. The Torah forbids violating one’s vow, and the absolution of vows is, according to the Ramban, merely a mechanism by which one can release himself from his vow so he can avoid this prohibition. This mechanism, the Ramban writes, should not be counted as a separate Misva, and should be viewed instead as an option given to a person to avoid violating the command to abide by one’s vows. In discussing this Misva, the Sefer Ha’hinuch references a number of Halachot relevant to vows which are discussed by the Gemara in Masechet Nedarim. He mentions, for example, the notion of “Kinuyeh Nedarim,” whereby one takes a vow using slang. As the first Mishna in Masechet Nedarim discusses, there are several words which are used in place of the word “Korban” (“sacrifice”), such as “Konam” and “Kunah.” If a person declares something forbidden like a Korban, using one of these slang expressions, the vow is valid and binding. There are four types of Nedarim which are not binding, and thus do not require annulment. The first is “Nidreh Zeruzim” – a vow taken only as a negotiating tactic, such as if a seller vows to a customer that he would not benefit from his money if he agrees to sell the item below a certain price. It is understood that this vow was made only as a tactic, to give the customer the impression that he would not lower the price any further. Therefore, since the vow was not meant seriously, it is not binding even if the seller ultimately agrees on a lower price. The second type of vow which does not require annulment is “Nidreh Habai” – a vow made as an exaggeration. If a person, for example, vows that he would never eat fruit “if I didn’t see a million people walking in the street,” it is clear that he is exaggerating, and was simply making a dramatic statement about how crowded the street was. Therefore, the vow is not binding. Thirdly, a vow is not binding if it was taken on error, for example, if a person declared something forbidden if he had eaten that day, and it turns out that he had eaten something but did not remember. Finally, if a person could not fulfill the stipulated condition due to circumstances beyond his control, then the vow is not binding. For example, if a person tells his fellow, “All fruits are forbidden for me if I do not come to you tomorrow,” and he got sick and could not go, then the vow is not binding. When a vow requires annulment, this can be done by finding a “Petah” – a development which the person did not anticipate at the time he made the vow, on the basis of which the vow can be dismissed. For example, if somebody takes a vow that he would move to Israel, but then his wife got pregnant, preventing him from moving, the vow can be annulled on the basis of this new development. A vow can also be annulled if the person regrets the vow, and explains that it was made due to a rush of anger or some other emotion, which he no longer experiences. A vow can be annulled by three ordinary people, or by an individual scholar who is an expert in the laws of Nedarim (vows). A father can, in some circumstances, annul his daughter’s vows, and a husband can annul his wife’s vows if they involve self-denial or affect their relationship. If a person takes a vow whose terms are vague, the stricter interpretation must be assumed, unless the individual explains his intent, in which case his explanation is accepted. A person cannot declare somebody else’s property forbidden. For example, Reuben cannot declare that Shimon’s property is forbidden for Shimon. If a person forbade hi
Released:
Feb 28, 2023
Format:
Podcast episode

Titles in the series (100)

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