Question:

I already Asked this question recently and was told to reply with more information ,since your mailbox does not take reply I am re sending my question with more information.
ORIGINAL QUESTION
“What would be the halacha if someone made a promise, and then forgot about it then did hataras nedarim erev rosh hashshana . And some time later found a note with the promise on it. Do we say that because the person would certainly transgress the promise since he had forgotten about it ,that the promise was permitted even if it is a davar hahassur non permitted action or minhag tovah”
THE RABBI RESPONDED
Not all nedarim are annuked with the hatora nedarim on erev Rosh Hashana. Please specify what exactly the promise was. Thanks
MY RESPONSE
I was asked this question. After some thought it seemed to me that regardless of the promise it was not a problem, Because the RAMA in 228:15 Says that if there is a “MICSHOL” then we are matir even Neder of issur. Since in this case it is certainly a “MICSHOL” because the person forgot about it and therefore would certainly transgress the promise, it would be included in the hatora nedarim erev rosh hashona, under the clause ” hein osam shkvar shachachti’ “Those that I have forgotten. “.
I wanted to check if the Rabbi here would agree to this.
Thank You.

Answer:

The idea that if he will be nishshol might apply sometimes, but it does not necessarily so. First of all if it was a promise to do something, he might still be able to do it, and even if it was a promise not to do something he also might not have done it, and now that he remembers the promise he will be careful. Therefore it would still be a neder l’dvar mitzva, depending on what was written. If however he was already nichshol then the hatoras nedarim of Rosh Hashana would help. Even though we normally are not matir a neder l’dvar mitzva that easily, especially if it is to help him not do an aveiro.

Best wishes

Sources:

R’ Stesman, the author of the Sefer Kol Nidrei, added to this that look in Sefer Kol Nidrei chap. 8 ftnt. 19 that the Chasam Sofer  wrote that a person that made a neder to avoid a certain negative behavior and was nichsol, and we want to be matir what was so he won’;t get punished for it, but on the other hand we don’t want him to go back to his negative behavior, so the Chasam Sofer says that he shold make another neder, and then we will be matir the first one. This way he has the protection without the punishment. however that would only be l’chatchila before being matir the neder, however in your instance he was already matir the neder, so it would help.

Tags: hataras nedarim

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