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12TH CYCLE DEDICATION
NEDARIM 65 (18 Adar) - Dedicated by Harav Shlomo Weinberger of Brooklyn, NY, in memory of his father, Reb Chaim Tzvi ben Reb Shlomo Weinberger, on the day of his Yahrzeit. Reb Chaim Tzvi, who miraculously survived the Holocaust, raised his children with a strong dedication to Torah and its study.
If someone makes a Neder to his friend the Chacham may only be Matir his Neder in the presence of the friend. (1)
Tzidkiyahu swore to Nevuchadnetzar that he will not reveal that he ate a hare but the Sanhedrin were Matir his Shevu'ah. (2)
Rebbi Meir says that if a person makes a Neder not to marry Plonis because her father is bad the Chacham may release him from his Neder based on the fact that the father did Teshuvah. (3)
Rebbi Huna says that even if the father did Teshuvah after the Neder was made since he mentioned the father in the Neder it is not regarded as Nolad.
Rebbi Yochanan says that the Chacham may only be Matir the Neder if it turns out that the father had already done Teshuvah at the time of the Neder. (4)
If a person makes a Neder that he will not marry a certain woman because she is ugly if it turns out that she is not ugly he may marry her.
Rebbi Meir says that the Chacham may ask, "Would you have made the Neder if you had known that you are transgressing a Pasuk in the Torah?" (5)
When a person requires charity he first collects from his relatives prior to collecting from the Gabai Tzedakah.
The Chacham may ask, "Would you have made the Neder prohibiting your wife if you had known that you would have to pay her the Kesuvah?"
A BIT MORE
1. B'Di'eved if the Chacham is Matir the Neder it is a Machlokes Rishonim whether the Neder is Mutar.
2. Although the Shevu'ah was to Nevuchadnetzar the Sanhedrin were Matir the Shevu'ah without his presence.
3. Even though the father doing Teshuvah is similar to Nolad.
4. Since the father had already done Teshuvah it is regarded as a Neder Ta'us.
5. Such as Lo Sikom or Lo Sisna and if he says that he would not have made the Neder had Rebbi Eliezer realized that he was transgressing the Pasuk the Chacham will release him from the Neder.
THE SHEVU'AH OF MOSHE
If someone makes a Neder to his friend the Chacham may only be Matir his Neder in the presence of the friend. The Nimukei Yosef says that Moshe Rabeinu made two Shevu'os to Yisro. He swore that he would not leave the house and leave his wife an Agunah and he swore that he would not go back to Mitzrayim because of the potential danger. The first Shevu'ah was for the benefit of Yisro and therefore if Yisro releases him from the Shevu'ah it is permitted without a Hataras Chacham. However the second Shevu'ah was for his own good and therefore Moshe Rabeinu could not be released from that Shevu'ah without a Heter.
A PERSONS HONOR
The Chacham may ask a person who made the Neder if he would have made the Neder if he knew it would cause him dishonor. For example if someone made a Neder prohibiting his wife the Chacham may ask him if he realized that soon people will say, "Why did he divorce his wife? He must have found her to be in disrepute" and the legitimacy of his children will be questioned. Or they may ask him would he have made the Neder if he realized that he would have to give his wife her Kesuvah. If he says that he would not have made the Neder the Chacham may release him from the Neder. (Shulchan Aruch YD 228:9)
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