Question:
I have heard that there are times that a person can have a petach and would then not need to do hataras nedarim, what is the difference and is this true? Also may Hataras nedarim be performed for anyone?
Answer:
The simplest means of annulling a Neder is through the sincere regret (Charatah) of the one who took the Neder (the Noder). If such Charatah exists, then the Beit Din may proceed and annul the Neder, but, if it does not, they must search for a different way out, a Petach. For example, one who takes a Neder not to benefit from someone who wronged him, can have it annulled with just Charatah if he discovers that the individual did not actually wrong him and therefore regrets the Neder. At the same time, if he does not regret the Neder but rather now seeks Hanaah from the individual for some other reason, he can not immediately have his Neder annulled. It must rather be scrutinized by a Beit Din until they find an alternative door out, a Petach.
Insincere, phony regret put on just to convince the Beit Din to annul the Neder leaves the Hatarah ineffective.
Whose Nedarim Can Be Annulled
Minors need not perform Hatarat Nedarim. The common practice is that woman do not perform hataras nedarim and rely on the Kol Nidrei said prior to Yom Kippur. A woman may appoint her husband to do Hatarat Nedarim on her behalf and it is effective . Accordingly, some argue one shouldn’t convene a bet din specially for women to do Hataras Nedarim, but there were communities where this was the custom ( See also Rabbi Eli Mansour who writes that although women are required to make Hataras Nedarim, customarily a husband represents his wife when he stands before the Bet Din for Hatarat Nedarim. In fact, the text that we use explicitly mentions that one seeks absolution of his own vows as well as the vows of his wife. Furthermore, women customarily attend the Kol Nidreh service on Yom Kippur, which is also effective in annulling one’s vows).
For single girls in seminary, some say three men should be brought to convene a Beit Din for the entire seminary to do Hatarat Nedarim at once.
It is impossible to appoint an agent to do hatarat nedarim on your behalf besides a husband who can be an agent for his wife. A father can not be an agent to do hatarat nedarim on behalf of his daughter but he can join with 2 other men to do hatarat nedarim for her.
Hataras Nedarim may be done at night and with relatives. Some say that although Hatarat Nedarim may be performed if one of the judges is a relative of the petitioner, it may not be performed if two of the judges of the Bet Din are related to one another. It is brought in the name of Rav Aharon Soloveitchik as having ruled that while a relative could perform Hataras Nedarim in front of a Bet Din with his relative as one of the judges, one may not perform Hataras Nedarim in front of a Bet Din which has two judges who are related to one another. A support for this ruling is Rabbi Akiva Eiger (comments on Shulchan Aruch YD 228:1) who writes that while relatives can serve as a Bet Din for Hataras Nedarim, a woman can’t serve on such a Bet Din. However Rav Shmuel Wosner (M’bet Levi 5754, p. 15, n. 3) held that the judges could be relatives to one another.
Shabbas
For all the details of Hatarat Nedarim on Shabbat, see Nedarim on Shabbat. In general, one should not do Hatarat Nedarim on Shabbat if the Hatarat Nedarim isn’t needed for Shabbat. For a congregation there is room to be lenient regarding performing Hatarat Nedarim on Shabbat or on Yom Kippur itself. |