For donations Click Here

Shvuah made with Neder terminology

Question:

Hello

If one made a “Shvuah” using the context of a Shvuah but used the term “neder” is anything Chal or is it worthless, as if nothing was made?

Case:
A male who is struggling with being Shomer Negiah says ‘I am making a neder that I will not touch (a certain woman) for 90 days”

Answer:

What was said is valid and binding. see sources for reason.

Best wishes

Sources:

See Y:D 306-5 that if a person said a neder with a terminology of a shvuah, that the Rosh holds that it isn’t considered a neder, however the Ran and Ramban say that it is a neder (at least m’drabonon). Additionally the Rosh holds that when we are dealing with a neder for a dvar mitzvah, that even if the terminology was mistaken that it is still binding.  See Kol NIdrei chap. 54 1-6, conversation with R’ Stesman, author of Kol Nidrei

Leave a comment

Your email address will not be published. Required fields are marked *