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NEDARIM 23

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SUMMARY

A Chacham may not release someone from his Neder on the basis of Nolad. (1)
 
It is common for someone who causes distress to Rabanim to be attacked.
 
If a person makes a Neder with a condition, the Chacham may release him on the grounds that if he had known that the condition would be transgressed he would not have made the Neder.
 
If a person makes a Neder that his property shall be forbidden to his friend if the friend does not eat by him it is Nidrei Ziruzin. (2)
 
If someone says before Rosh Hashanah that all of his Nedarim for that year shall be void, any Nedarim he makes that year are void if he forgot the condition at the time of the Neder. (3)
 
If someone says before Rosh Hashanah that certain specific future Nedarim shall be void and at the time of the Neder he forgets which Nedarim he voided, if he speaks out that the Neder is being made according to his previous condition the Neder is void. (4)
 
If he does not speak out that the Neder is being made according to his previous condition the Neder is valid. (5)
 
The Tana of the Mishnah did not explicitly state that a person may void his future Nedarim if he forgets the condition at the time of the Neder, so that people will not take Nedarim lightly.

A BIT MORE

1. Nolad is an event that occurred after the Neder which if he had foreseen he would not have made the Neder.
 
2. The Neder is not valid because he did not have in mind to prohibit his friend and he only made the Neder to motivate his friend to eat by him.
 
3. However if he remembers the condition at the time of the Neder, the act of making the Neder annuls the condition that he made and the Neder is valid.
 
4. If in fact the condition that he originally made included the Neder that he is making right now.
 
5. Since he remembers that he made a condition to void certain Nedarim but he does not remember the details, if he wanted the condition to go into effect he should have spoken out that the Neder he is making is in accordance with the condition that he made. By not speaking that out he is annulling the condition and the Neder is valid.

BRIEF INSIGHT

NIDREI ZIRUZIN
 
If someone says before Rosh Hashanah that all of his Nedarim for that year shall be annulled it is effective as long as he forgot the condition at the time of the Neder. The Chasam Sofer asks why is the concept of annulling future Nedarim stated in the Mishnah together with Nidrei Ziruzin? The Chasam Sofer answers that the Heter of Nidrei Ziruzin is based on the concept of annulling future Nedarim. The reason why Nidrei Ziruzin are permitted is because it is as if Klal Yisrael and Beis Din announced that all future Nidrei Ziruzin should be annulled. Even though the individual making the Neder may not be aware of the annulment that was made it is as if the Lev Beis Din made a condition that this future annulment shall apply to all of Klal Yisrael.

QUICK HALACHAH

ANNULLING FUTURE NEDARIM
 
If someone makes a condition and he says that all of his future Nedarim for a certain time period shall be annulled if he remembers the condition at the time that he makes a Neder his Neder is effective because he is annulling the condition when he makes the Neder. If he forgets the condition at the time of the Neder, the condition applies and the Neder is annulled. According to some opinions the Neder is only annulled if he remembers the condition within seconds of the Neder and he says to himself that he is relying on the condition. A person should take the latter opinion into account. (Shulchan Aruch YD 211:2)

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