[Avodah] Aliyah according to the Arukh haShulchan

[Micha Berger via Avodah]

I know the AhS isn't the final word in halakhah for most people, so just
take this as a data point.

In the newer editions of AhS, Hil' Nedarim, YD 288:128-133 discusses
hataras nedarim when it's a neder/shavu'ah to do a mitzvah, contrasting a
mitzvah chiyuvis, a mitzvah qiyumis. A shavu'ah not to do something sinful
(eg mesacheiq bequbiyos) which isn't actually assur cannot be annulled.
Nor can a neder/shevu'ah to fulfill a chiyuv, as the only motivation
would be to wheedle out of a chiyuv.

But one may be matir a vow to make aliyah.

According to se'if 132, the PT (s"q 28) quotes the Rashba that this
is because aliyah laaretz is a hekshsher mitzvah. But had made a neder
ladur baaretz, he could not anul it.

The AhS find this implausible -- after all the person making the oath
la'alos obviously is thinking about ladur, and nedarim are belashon benei
adam. (Acc. to the AhS by default, only if the neder/shavu'ah was made
using a turn of phrase one finds in Tanakhand not common speech is it
belashon miqra.)

He instead favors the Mordechai who explains the din based on the idea
that dirah ba'aretz is a mitzvah qiyumis, and therefore has the same
din as a pledge to tzedaqah.

:-)BBii!
-Micha

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