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12TH CYCLE DEDICATION
NEDARIM 21 - Dedicated In loving memory of Ralph Fram -- Reuven ben Gershom -- by his daughter and son-in-law, Lisa and Avi Scheiner
Rebbi Yehudah says in the name of Rebbi Tarfon that a vow of Nezirus must be unconditional.
If the seller vows he will not sell for less than a Sela and a quarter and the buyer vows he will not buy for more than a Dinar, it is an unresolved question to the Gemara whether it is Nidrei Ziruzin. (1)
If a person responds to a friend who is pressuring him to eat by vowing that he will not enter his house or drink a drop of cold water it is Nidrei Ziruzin. (2)
Tzadikim say little and do a lot.
Rav Yehudah says that a Chacham may only release a person from his Neder if he states that he would not have made the Neder had he known the consequences. (3)
R Huna says that a Chacham may release a person from his Neder if he expresses regret for making the Neder in the first place.
Rabah Bar Rebbi Huna released a person from his Neder because he acknowledged that if 10 people would have appeased him he would not have made the Neder. (4)
A BIT MORE
1. Since they are so far apart the Neder may have been sincere.
2. The Neder is void because he only made the Neder as a means of stopping his friend from pressuring him and it is permitted for him to drink water and enter his friend's house.
3. However if the person simply expresses regret from making the Neder it is not sufficient grounds to be released from the Neder.
4. Rabah Bar Rebbi Huna holds that a Chacham may not release a person from his Neder by means of the person expressing regret. However, he does not require a regular Pesach (an opening that allows a person to say had he put in his mind the consequences he would not have made the Neder). The concept that if 10 people appeased him he would not have made the Neder is not a true Pesach because in truth 10 people did not appease him, however it is better than simple regret.
The Chasam Sofer says that although Nidrei Ziruzin are permitted Shevu'os Zerizim are forbidden. Since a person generally uses the name of Hashem when he takes a Shevu'ah we do not believe that a person is swearing with the name of Hashem simply as a means to motivate his friend. Therefore although Shevu'os Shogegim, Onsim and Shevu'os Havai are permitted just like Nedarim, Shevu'os Zerizim are an exception and are forbidden.
If someone regrets making a Neder no Pesach is required. The Chacham shall ask him, "Do you want this Neder?" and he shall respond, "I do not want the Neder and I regret that I made the Neder" and the Chacham is Matir his Neder. He must regret making the Neder in the first place. However, if he says that he regrets the Neder right now but he wants that until now the Neder should be in effect that is not regarded as regret because the Neder must be uprooted retroactively. The person who made the Neder should be careful not to say that he regrets the Neder in the first place unless he is certain that he really does regret making the Neder at all. If he does not truly regret making the Neder the Heter of the Chacham is void and the Neder remains in effect. (Shulchan Aruch YD 228:7)
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