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NEDARIM 87

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NEDARIM 87 - Two weeks of study material have been dedicated by Mrs. Estanne Abraham Fawer to honor the Yahrzeit of her father, Rav Mordechai ben Eliezer Zvi (Rabbi Morton Weiner) Z'L, who passed away on 18 Teves 5760. May the merit of supporting and advancing Dafyomi study -- which was so important to him -- during the weeks of his Yahrzeit serve as an Iluy for his Neshamah.

SUMMARY

If a person is told that his father died and he ripped his clothing and it turned out that it was his son that died he is not Yotzei.
 
If he was told that one of his relatives died and he thought it was his father who died and he tore Keri'ah and it turned out that it was his son he is Yotzei. (1)
 
If a person is told that his father died and he tore Keri'ah and he was told Toch Kedei Dibur that it was his son that died he is Yotzei.
 
If a person fainted and a relative thought that he died and he tore Keri'ah and the person subsequently died he is not Yotzei.
 
If the person died immediately after the Keri'ah Toch Kedei Dibur, he is Yotzei.
 
Regarding all Dinim one may change his mind Toch Kedei Dibur with a few exceptions. (2)
 
If a woman makes a Neder of Konam for figs and grapes if the husband affirms the Neder of figs the Neder is completely affirmed.
 
If the husband annuls the Neder of figs it is not annulled until he also annuls the Neder of grapes. (3)
 
The Chachamim hold that if a woman makes a Neder of Konam for figs and grapes whether the husband annuls or affirms the Neder of figs the Neder is not completely annulled or affirmed.
 
Rebbi Shimon holds that if a person makes a Neder with a separate Konam for figs and a separate Konam for grapes it is two separate Nedarim. (4)
 
If the husband heard the Neder but he did not know that he was allowed to annul the Neder he may annul the Neder at a later day. (5)
 
Rebbi Meir says that if the husband heard the Neder but did not know that the Lashon that she used is regarded as a Neder he may not annul the Neder after that day.
 
Rebbi Yehudah holds that a blind person who kills b'Shogeg goes into Galus, but Rebbi Meir argues.

A BIT MORE

1. Since he was not specifically told that it was his father who died he is Yotzei even though he thought that it was his father.
 
2. The exceptions are Megadef, Avodah Zarah, Mekadesh and Megaresh.
 
3. This is the opinion of Rebbi Yishmael, however Rebbi Akiva holds that the annulment of figs serves as an annulment of the grapes as well.
 
4. And each one requires a separate annulment or affirmation.
 
5. When he finds out that he is allowed to annul the Neder of his wife he may annul the Neder that day.

BRIEF INSIGHT

TOCH KEDEI DIBUR K'DIBUR
 
Regarding all Dinim one may change his mind Toch Kedei Dibur with the exception of Megadef, Avodah Zarah, Mekadesh and Megaresh. The Ran explains that a person may change his mind Toch Kedei Dibur because a person is not completely certain that he wants to go through with something until after Kedei Dibur, however when it comes to Megadef, Avodah Zarah, Mekadesh and Megaresh since these things are very serious matters a person does not go ahead with them until he is 100% certain, therefore he may not back out even Toch Kedei Dibur.

QUICK HALACHAH

KERI'AH FOR A MES
 
If a person is told that his father died and he tore Keri'ah and it turned out that it was his son that died if he was told Toch Kedei Dibur he is Yotzei. If he was told after Kedei Dibur he is not Yotzei. However if someone is told that a relative died and he thought it was his father and he tore Keri'ah and he is told after Kedei Dibur that it was his son he is Yotzei. (Shulchan Aruch YD 340:24)

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