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1. Why is it necessary every year (before Rosh Hashana)?
2. Why is it unnecessary for (or at least not done by) women every year?
3. Why can a father or brother serve on your beis din (usually not allowed)?
1. It is symbolic (although the last paragraph may have a Halachic effect, which we only give a one-year term on) and doesn’t accomplish any Halachic function so we do it every year.
2. In many places women do do it or appoint a brother/father/spouse as a Shaliach when they do it.
3. The answer would be the same as my answer to #1, though it’s not clear that a father or brother actually can serve on the Beis Din.
What halachic effect does hatorah nedorim have?
And if it were only symbolic, why would it sometimes be done during the year when someone wants to break a neder they made? Obviously it has a ramification.
Dr. Suess: During the year that is a real Hataras Nedarim. The one we do before R”H is symbolic and doesn’t really do anything.
The Gemara in Nedarim says that one who gets up before R”H and announces that any Nedarim he makes during the year won’t be Chal then it works. So the last paragraph we say may be to effect that outcome.
Is the nusach used during the year different than what is said on Erev RH?
Dr. Seuss: There is no Nusach all year round. You go to a Beis Din of 3 knowledgeable people, you explain your vow, and they say Mutar Lach.
Sam many rishonim hold it actually may work. it is a big machlokes. FOR MORE INFO ON THIS SUGYA IN THE BACK OF HALICHOS SHLOMO ON ROsh hashana there is a 30 page kuntress explaining the halachik ramifications of hataras nedarim, mesiras modaa, and kol nidrei
L’maaisa, most women don’t do it. Why not? And how can she appoint a shliach – and does the shliach do it together for himself and her with a different loshon than the standard nusach?
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So some people do hatoras nedarim with a few people at once so it takes less time (i.e. they have 6 people, 3 are dayanim and 3 are the people asking, and then they switch).
What’s the deal with that?
Also, I saw in the Artscroll Hebrew siddur (Nusach Ashkenaz) it says “יש שאומרים אותו בפני ג” (or something like that)
Are there those who say you can do it with less than 3 dayanim?
Meno,
Having three saying for three is mentioned in shulchan Aruch” YD hilchos nedorim. I don’t know why it’s not that common in the USA..See here where I shlugged up Sam2:
Also, I saw in the Artscroll Hebrew siddur (Nusach Ashkenaz) it says “יש שאומרים אותו בפני ג” (or something like that)
That’s not what it says in mine. In mine, it says, “ויש לעשותו בפני בית דין של שלשה אנשים”.
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