REVACH L'DAF
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| NEDARIM 78 (18 Teves 5783) - Two weeks of study material have been dedicated by Mrs. Estanne Abraham Fawer to honor the Yahrzeit of her father, Rav Mordechai ben Eliezer Zvi (Rabbi Morton Weiner) Z'L, who passed away on 18 Teves 5760. May the merit of supporting and advancing Dafyomi study -- which was so important to him -- during the weeks of his Yahrzeit serve as an Iluy for his Neshamah. |
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SUMMARY
A Chacham may be Matir a Neder but he may not be Meifar a Neder.
A husband may be Meifar a Neder but he may not be Matir a Neder.
Three Hedyotos or a Yachid Mumcheh (expert) may be Matir a Neder.
Beis Hillel holds that a person may be released from Nidrei Hekdesh. (1)
A person who does Melikah to a bird of Hekdesh outside of the Beis ha'Mikdash is not Chayav Kares.
The Kedushah of Shabbos does not require Kidush Beis Din.
If a husband's silence to the Neder of his wife is because he wants to distress her, he may be Meifar the Neder even after 10 days. (2)
If the Chasan did not hear the Neder of his Arusah before he died or he heard about it and died the same day or he was Meifar the Neder before he died, the father may annul the Neder. (3)
If the Chasan heard the Neder and died the next day or he affirmed the Neder before he died, the Neder may no longer be annulled.
A BIT MORE
1. However Beis Shamai holds that one may not be released from Nidrei Hekdesh.
2. His silence is not an affirmation of the Neder since he planned all along to be Meifar the Neder and he was only silent in order to cause her distress.
3. The privilege of the Chasan to be Meifar the Neder is inherited by the father and now the father may be Meifar the Neder on his own.
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BRIEF INSIGHT
NIDREI HEKDESH
The Gemara says that a person may be released from having been Makdish an animal. If someone is Makdish an animal and slaughters it outside the Beis ha'Mikdash he could get out of his Chiyuv Kares by being released from the Neder of Hekdesh (Ran). However with regards to Terumah although one may be released from having made his produce into Terumah once he gives it to the Kohen it can no longer revert back to being Tevel.
QUICK HALACHAH
THE ISUR OF NEDARIM
One who makes a Neder it is tantamount to building a Bamah at a time of Isur Bamos and if one keeps the Neder it is as if he brought a Korban on the Bamah because it is preferable to be released from one's Neder. However this only applies to regular Nedarim; with regards to Nidrei Hekdesh it is a Mitzvah to fulfill them and one shall only be released from them if it is absolutely imperative. (Shulchan Aruch YD 203:3)
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