[Avodah] Being Matir Neder

Sholom Simon sholom at aishdas.org
Mon Mar 26 14:42:34 PDT 2018


>
> Q. If one is ill on Pesach and will be unable to keep all the stringencies
> that they are accustomed to, such as consuming large portions of Matzah,
> Marror and the four cups of wine, and instead will need to rely on the
> smallest measurement, must they go through the process of being matir neder
> (annulment of vows)?
>
> A. Shulchan Aruch (YD 214:1) writes that one who accepted on themselves a
> stringency (such as fasting between Rosh Hashanah and Yom Kippur) and
> followed through even one time, with the expectation that they would
> continue this practice every year, it is considered as though he made a
> vow. This is so, even though he did not make any verbal commitment
>

My limited understanding of YD 214 is this:

1.  The Mechaber took the machmir view.  IIRC (a few years back I learned
this siman, so I'm going from memory right now) the B"Y brings the Ramban
who says that a neder needs more than a mere ma'aseh and intent.  The
Mechaber ended up not paskening like the Ramban.

2.  Don't we have a meta-halachic rule of sorts that sha'as ha'd'chak one
may follow an important, albeit minority, opinion?

3.  If #1 and #2 above are correct, then can't the choleh simply rely on
the Ramban (and, others, iirc) who take the more meikel view of what
constitutes a neder than the Mechaber does?

[Poskim also consider it a vow if one practiced the stringency three times,
even if he did not have intent to continue the practice every year, (see
Kitzur Shulchan Aruch 67:7).]


That would be with stam intent, no?  If he did it three times, but had
specific intent that he was not binding himself, it's not a neder.

Additionally, Igros Moshe (YD I:127:9) writes that it is logical to assume
that a positive action which is only a hidur mitzvah (an extra
beautification of a mitzvah), that is beyond the letter of the law, does
not have the status of a neder, and hataras nedarim would not be required.


I totally don't understand this!  Isn't this directly contrary to YD 214?

YD 214 itself gives the example of one who fasts between R"H and Y"K, or
refrains from meat and wine starting on Rosh Chodesh Av -- isn't this
almost exactly like refraining from gebrokts during Pesach?  The whole idea
of 214 is a situation where one knows something is muter, but refrains from
it anyway.  That is, in many cases, a hiddur mitzvah, isn't it?

-- Sholom
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