{"id":16124,"date":"2021-11-16T12:26:54","date_gmt":"2021-11-16T10:26:54","guid":{"rendered":"https:\/\/ask-dh.org\/?p=16124"},"modified":"2021-11-16T12:26:54","modified_gmt":"2021-11-16T10:26:54","slug":"rosh-hashana-3","status":"publish","type":"post","link":"https:\/\/ask-dh.org\/2021\/11\/16\/rosh-hashana-3\/?lang=en","title":{"rendered":"rosh hashana"},"content":{"rendered":"\n\n\n
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Question:<\/h4>\n

Please can you explain what hataros nedarim is and is anyone eligible to sit as a representative on the beis din for hataras nedarim?<\/p>\n

\nAnswer:<\/h4>\n

Hataras Nedarim and Shevuot is the annulment of vows and oaths, which can sometimes be used to annul a vow by a group of three people.
\nThe Geonim introduced strict safeguards against their generations' imprudence in taking Nedarim by declaring Nedarim and Shevuot impossible to annul, but many Rishonim dismissed their sheltering attitude as a stumbling block for those who did take Nedarim and Shevuot. If one doesn't annul his Nedarim, he'll cease to seek annulment and just violate his Nedarim intentionally. Therefore, it's better to annul the Nedarim than let them be violated, even if it was taken with Hashem's name. Some recommend not getting involved unless it's for a Mitvah purpose, community peace, or the like, and not to annul Nedarim that have a trace of sin either. Others also advise the Chacham to impose a monetary or fasting penalty on the one seeking Hatarah to discourage his taking further Nedarim.
\nIf one performed a good practice 3 times and didn't say he was doing it Bli Neder and now he wants to nullify the practice, he should perform Hataras Nedarim.
\nIf a person took upon themselves to learn daf yomi and now he wants to change that he should do hataras nedarim since it is a neder to learn a fixed amount of Torah.
\nHataras Nedarim should be done in front of three people who know how Hataras Nedarim functions. Shulchan Aruch YD 228:1 writes that one may do Hataras Nedarim in front of 3 hedyotot. The Shach YD 228:2 explains that they don't need to be knowledgeable in halacha as long as they know how Hataras Nedarim works. Ben Ish Chai (Shanah Shniah, Re'eh 24).
\nEven though according to the letter of the law an expert individual (Yachid Mumcheh) can annul Nedarim on his own, we do not have anyone who fits this status nowadays according to the Shulchan Aruch.
\nA Beit Din of two people cannot perform Hataras Nedarim. It's recommended to perform Hataras Nedarim in front of ten people so that one is able to annul a Nidduy Chalom.
\nAccording to Rav Tzvi Pesach Frank, seemingly only the majority of the Dayanim need to agree to annul the vow, like by monetary cases, and not all of them.
\nOne may not perform Hataras Nedarim in the location of his Rebbe or someone greater than him without permission.
\nWomen and children may not serve as Dayanim for Hataras Nedarim; however, one may gather three Dayanim in addition to the thirteen year old whose maturity status has not yet been determined and tell only the lad the details of the Neder. Though we allow one to annul his Nedarim at night, with relatives, and standing, all of those disqualifications are external to one's own status as a viable Dayan. Rabbi Akiva Eiger Yoreh Deah 228:1, Shu"t Rabbi Akiva Eiger Hashmatot Siman 73.
\nOne who prohibits himself from benefiting from certain people may not use them on the Beit Din to annul his Neder, but it would work post-facto. Others reverse the case, that only if he prohibits himself from giving benefit to certain people may they not serve as Dayanim. In such a case, some say a Chacham from that city can include people who are from elsewhere on the Beit Din, while others disagree.
\nSimilarly, one who swears to not become a Gabbay or trustee of the city may not seek annulment from the Chacham of the city. If one prohibits himself to the entire Jewish people, it's like a Bediavad case, so he may ask anyone to annul his Neder for him. One Beit Din can annul numerous Nedarim of numerous people with one Hataras Nedarim ceremony.<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n","protected":false},"excerpt":{"rendered":"

Question: Please can you explain what hataros nedarim is and is anyone eligible to sit as a representative on the beis din for hataras nedarim? Answer: Hataras Nedarim and Shevuot is the annulment of vows and oaths, which can sometimes be used to annul a vow by a group of three people. The Geonim introduced […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[947],"tags":[2871],"_links":{"self":[{"href":"https:\/\/ask-dh.org\/wp-json\/wp\/v2\/posts\/16124"}],"collection":[{"href":"https:\/\/ask-dh.org\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/ask-dh.org\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/ask-dh.org\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/ask-dh.org\/wp-json\/wp\/v2\/comments?post=16124"}],"version-history":[{"count":0,"href":"https:\/\/ask-dh.org\/wp-json\/wp\/v2\/posts\/16124\/revisions"}],"wp:attachment":[{"href":"https:\/\/ask-dh.org\/wp-json\/wp\/v2\/media?parent=16124"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/ask-dh.org\/wp-json\/wp\/v2\/categories?post=16124"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/ask-dh.org\/wp-json\/wp\/v2\/tags?post=16124"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}