[Avodah] Being Matir Neder

Mandel, Seth mandels at ou.org
Mon Mar 26 15:58:20 PDT 2018


On March 26, 2018 at 5:42:38 PM EDT, Sholom Simon <sholom at aishdas.org> wrote:
> 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?

Some Rabbonim are worried that if they tell people the truth, people
will start being mzalzel in other things.

According to halokho, not eating gebrokhts is like not eating tomatoes. If
you do it because you think it is a chumrah, then no hattoras n'dorim
is required, because it was based on a mistake. If you know it is just
a minhog, then just doing it once or twice or three times does not make
it a never.

The SA and RMo specifically talk about things that have a basis in
halokho and are a chumrah, like fasting aseres y'mei t'shuva. Not to
avoid d esting tomatoes.

If the question is about the size of a Shiur, then a person may consider
it a chumrah. But if he observes it because he belies it is required,
then again it is s ta'us.


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