Page 10 - HaMizrachi # 22 Rosh HahHana - Yom Kippur 2020 USA

TORAT MIZRACHI

Rabbi Yosef Zvi Rimon Rabbanit Sharon Rimon

Hatarat Nedarim

via Zoom?

On Erev Rosh Hashanah, the that the person who made the vow annulment through a shaliach in cer-
custom is to annul one’s vows needs to come to the Beit Din, and tain cases.
(hatarat nedarim). If people are in that a shaliach is not effective. The Taz
quarantine or at-risk, can they do (se’if katan 20) adds that even annul- It could be that the Shulchan Aruch
this via Zoom or over the phone? ment by letter is worthless. permits hatarat nedarim in writing
(even though he forbids the use of a
he Gemara (Nedarim 8b) In light of the above, it appears we shaliach), since he doesn’t explicitly
says a husband can be a shali- cannot allow hatarat nedarim by state it is forbidden. If so, phone or
Tach for his wife to annul her Zoom or phone, because the person Zoom can be allowed.
vows in front of a Beit Din (in certain seeking the annulment is not physi-
conditions). cally present. Nevertheless, why does The Rambam may have only forbade
that proscribe the use of a shaliach? the use of a shaliach because of accu-
The Ran writes that in the Tosafot’s racy, but if the Beit Din is able to speak
opinion, one can appoint an outside There are two ways of understanding directly to the person, he may allow it. 3
shaliach for hatarat nedarim. The this:
chiddush of the Gemara is that even a A vow could be considered equivalent It is possible that Zoom – which
husband can be a shaliach for his wife, to a din, a judgement, and just as one allows both sides to see and hear one
despite the fact he might not present needs to judge a person physically in another – is considered equivalent to a
accurate testimony because her vows front of a Beit Din, so it should be to physical presence in court (in contrast
may have an effect on him too. Hence annul a vow. However, is a physical to tefilla and berachot, when it is not
a stranger can be a shaliach because presence in the court a written edict considered as being present).
he has no personal interest in annul- or is it just a way to ensure the truth is All this is true for private hatarat
ling the vow.
told, in which case that can be done on nedarim throughout the year, so all
The Ran adds that the person who Zoom too. 2 the more so on Erev Rosh Hashanah,
made the vow does not have to be Using a shaliach may mean it’s impos- which is a minhag lechumra, one can
physically in front of the Beit Din. He sible to fully clarify the details and why rely on these opinions and use Zoom
can send a letter expressing regret for or phone (with of course three people
taking the vow and that’s enough for exactly the person wants to annul his – the Beit Din – on the other end). 4
vow. According to this opinion, it is
Beit Din to annul it.
certainly permitted to annul vows over
The Rashba even says a letter is prefer- the phone or via Zoom, because the
able to sending a shaliach. 1 Beit Din can see or talk directly to the 1 Brought in the responsa of the Rivash, siman
370.
person.
However, the Rambam (Laws of Vows 2 There is room to be lenient when dealing
6:4) rules that another person cannot Practically speaking, ideally, one with testimony of clarification rather than
testimony of what or whether something hap-
be a shaliach for hatarat nedarim, should annul vows by appearing physi- pened or not. See Techumin 34, p. 292.
but only a husband for his wife, and cally in front of a Beit Din, but in cases 3 Shevet HaKehati (4:239) writes that for this
the Rivash writes (ibid.) that sending like quarantine or hospitalization – or reason one can be lenient lechatchila and
a letter has no benefit and hatarat even concern about leaving the house annul vows over the phone.
nedarim is only possible in the physi- due to corona – one can annul vows 4 Whether the three judges need to be in one
cal presence of the person making the via Zoom for the following reasons: place is another question.
vow.
The Pitchei Teshuva writes that many Rabbi Yosef Zvi Rimon is Head of Mizra-
Similarly, the Shulchan Aruch (Yoreh authorities disagree with the Rambam chi's Shalhevet Educational Advisory Board
Deah 228:16) rules like the Rambam and the Shulchan Aruch and allow and Chairman of Sulamot.

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