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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
quarantine or at-risk, can they do Taz (se’if katan 20) adds that even It could be that the Shulchan Aruch
this via Zoom or over the phone? annulment by letter is worthless. permits hatarat nedarim in writing
(even though he forbids the use of a
In light of the above, it appears we shaliach), since he doesn’t explicitly
he Gemara (Nedarim 8b) cannot allow hatarat nedarim by
says a husband can be a shali- 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- The Rambam may have only for-
cally present. Nevertheless, why does
conditions).
that proscribe the use of a shaliach? bade the use of a shaliach because of
The Ran writes that in the Tosafot’s There are two ways of understanding accuracy, but if the Beit Din is able to
opinion, one can appoint an outside this: speak directly to the person, he may
shaliach for hatarat nedarim. The allow it. 3
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
accurate testimony because her vows front of a Beit Din, so it should be to a physical presence in court (in con-
may have an effect on him too. Hence annul a vow. However, is a physical trast to tefilla and berachot, when it is
a stranger can be a shaliach because presence in the court a written edict not considered as being present).
he has no personal interest in annul- or is it just a way to ensure the truth
ling the vow. is told, in which case that can be done All this is true for private hatarat
on Zoom too. 2 nedarim throughout the year, so all
The Ran adds that the person who 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 rely on these opinions and use Zoom
can send a letter expressing regret for why exactly the person wants to annul or phone (with of course three people
taking the vow and that’s enough for his vow. According to this opinion, it – the Beit Din – on the other end). 4
Beit Din to annul it. is certainly permitted to annul vows
over the phone or via Zoom, because
The Rashba even says a letter is pref- the Beit Din can see or talk directly to
erable to sending a shaliach. 1 the person. 1 Brought in the responsa of the Rivash, siman
370.
However, the Rambam (Laws of Vows Practically speaking, ideally, one 2 There is room to be lenient when dealing
6:4) rules that another person cannot should annul vows by appearing phys- with testimony of clarification rather than
be a shaliach for hatarat nedarim, ically in front of a Beit Din, but in testimony of what or whether something
happened or not. See Techumin 34, p. 292.
but only a husband for his wife, and cases like quarantine or hospitaliza- 3 Shevet HaKehati (4:239) writes that for this
the Rivash writes (ibid.) that sending tion – or even concern about leaving reason one can be lenient lechatchila and
a letter has no benefit and hatarat the house due to corona – one can annul vows over the phone.
nedarim is only possible in the physi- annul vows via Zoom for the follow- 4 Whether the three judges need to be in one
cal presence of the person making the ing reasons: place is another question.
vow.
The Pitchei Teshuva writes that many Rabbi Yosef Zvi Rimon is Head of
Similarly, the Shulchan Aruch (Yoreh authorities disagree with the Rambam Mizrachi’s Shalhevet Educational Advisory
Deah 228:16) rules like the Rambam and the Shulchan Aruch and allow Board and Chairman of Sulamot.

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