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Jul 11, 2016
Interesting Psak: Annulling the vow of a Nazarite
Strange story out of Lakewood...
Reportedly, a class in a Lakewood cheider was learning about the laws of nazir, and the kids were so fascinated by it that two of them announced acceptance of nezirus upon themselves.
uh oh. if this takes effect it means no wine, no cemeteries and no haircuts. Even worse is that nowadays there is not really a way out of nezirus, as the required korban cannot be brought.
Being that these two boys are 12 years old, near bar mitzvah age, their action could not just simply be discounted as the meaningless act of a child. The teacher went to the leading posek in Lakewood who turned to his rebbe Rav Shmuel Kaminetzky for a decision.
Rav Kaminetzky paskened that the nezirus took effect by their acceptance and they need to be "mattir neder" - annul the vow. Rav Kaminetzky added that they should wait until after Shabbos to do so in order to give them time to contemplate what they had done and realize the seriousness of the matter.
sources: Kikar and The Lakewood Scoop
This reminds me of the famous psak of Rav Moshe Feinstein regarding a group of kids that in a school play of some sort a boy proposed marriage to a girl. Rav Moshe took that seriously as well and did not discount it as a simple kids meaningless joke.
What I don't understand, and would like more information about, is how Rav Kaminetzky paskened as he did - that they can be mattir neder. From what I remember, nowadays there is no way out of an acceptance of nezirus. Being "mattir nedder" seems like an easy way out, and saying a nazir nowadays is for life because of the lack of ability to bring the korban would then be false.
Reportedly, a class in a Lakewood cheider was learning about the laws of nazir, and the kids were so fascinated by it that two of them announced acceptance of nezirus upon themselves.
uh oh. if this takes effect it means no wine, no cemeteries and no haircuts. Even worse is that nowadays there is not really a way out of nezirus, as the required korban cannot be brought.
Being that these two boys are 12 years old, near bar mitzvah age, their action could not just simply be discounted as the meaningless act of a child. The teacher went to the leading posek in Lakewood who turned to his rebbe Rav Shmuel Kaminetzky for a decision.
Rav Kaminetzky paskened that the nezirus took effect by their acceptance and they need to be "mattir neder" - annul the vow. Rav Kaminetzky added that they should wait until after Shabbos to do so in order to give them time to contemplate what they had done and realize the seriousness of the matter.
sources: Kikar and The Lakewood Scoop
This reminds me of the famous psak of Rav Moshe Feinstein regarding a group of kids that in a school play of some sort a boy proposed marriage to a girl. Rav Moshe took that seriously as well and did not discount it as a simple kids meaningless joke.
What I don't understand, and would like more information about, is how Rav Kaminetzky paskened as he did - that they can be mattir neder. From what I remember, nowadays there is no way out of an acceptance of nezirus. Being "mattir nedder" seems like an easy way out, and saying a nazir nowadays is for life because of the lack of ability to bring the korban would then be false.
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Given Rav kaminetzky's track record, he may come back in a year and decide that they are nezirim after all.
ReplyDeleteI dont know what you are referring to
DeleteA year or so ago, he was matir an aguna from Philadelphia after she had been waiting for a get for a few years. Lots of rabbanim got upset and after she had already remarried, he decided that his heter wasn't valid and she was not actually divorced from her first husband.
DeleteDavid 7:15:: she is not an agunah. She just doesn't like the psak of the bet din she agreed to, so she hadthe rav declare her an agunah, etc.
DeleteThis is not the forum for this discussion, but you brought it up.
I'm certainly no expert on this, so if anyone is, please correct me if I'm wrong, but I'll give my guess at the matter.
ReplyDeleteWhat you may have heard about not getting out of Nezirut is following through the Nezirut until the end of the Nezirut, where a Korban would need to be brought, but cannot nowadays. However, to be Sho'el on the Nezirut so that it's uprooted מעיקרא is just like being Sho'el on any Neder, and can be done nowadays.
Again, please correct me if I'm wrong.
that is exactly what I am wondering. if "shoel mei'ikara" is an option for nezirus, and if it is why is it not presented as a solution when the halacha talks about a mazir nowadays?
DeleteIt seems like it is a solution. What you have probably heard is merely that nowadays a person is a Nazir Le'olam, but not that it cannot be annulled if there is a good reason to do so. See Rambam, Hil. Nezirut, 2:20-22. What is mentioned in Perek 2 Halacha 20-22 doesn't negate nowadays what it says in Perek 2 Halacha 1.
DeleteNot sure I understand. They are before bar mitzvah; why should any of this mean anything - meaning they're not responsible at that age. Just asking.
ReplyDeleteRegarding vows, a 12-year-old boy and an 11-year-old girl have a special limbo status. See Rambam Hil. Nedarim Perek 11.
Delete