Hafarah on Shabbat

Nedarim (10:8) | Yisrael Bankier | 9 months ago

During much of this week we have been learning about hafarat nedarim. Recall that this refers to a father or husband ability to terminate a neder of his daughter or wife. Previously we discussed the difference between hafarat nedarim and the Chachamim's ability to matir nedarim (Volume 3, Issue 23). Similarly, we have also discussed the limited scope of hafarat nedarim (Volume 9, Issue 23). In this article we shall focus on the hafarat nedarim on Shabbat.

The Mishnah (10:8) teaches that hafarat nedarim can only be employed on the day that the, e.g. father hears the neder. The Mishnah brings the example of a father that hears a neder on Shabbat and explains that he would only be able to meifer the neder until the end of Shabbat -- the day he learned of the neder.

The Bartenura explains that normally hafarat nedarim involves the father declaring explicitly "mufar lach". The Gemara (77b) teaches that on Shabbat however he would not make that declaration. Instead, he would instruct here to act against the neder she made. For example, if she made a neder against eat something, his instructing her to eat it would be sufficient. The Ran explains that this different way of hafarah is required where possible for kavod Shabbat. If however, he is not able to compel her to do so, then annulling the neder in his mind without articulating would be sufficient. The Bartenura continues however, that for hafarah, it must be articulated. This is also the opinion of the Rambam.

The Kesef Mishnah (Nedarim 13:7) explains that according to the Rambam there are two ways the father or husband can put an end to a neder. One is called bitul and the other hafarah. Bitul is where he annuls the neder mentally and instructs to act against the neder. Hafarah involves the declaration "mufar lach". The Kesef Mishnah suggests that for hafarah the declaration alone is enough, even if mentally he does not agree to it.

The Raavad however disagrees, citing the Mishnah in Nazer (9:1) that differentiates between nashim and avadim. One of those distinctions is that a father or husband cannot force her to go against her neder, where as he can for an eved. The Raavad explains that in our case hafarah is indeed required, yet on Shabbat it is sufficient if it is done mentally.¹

The Lechem Mishnah however explains that the Rambam's position does not contradict the Mishnah in Nazir. Indeed, the husband cannot force the wife to go against the neder like the Mishnah taught. The instruction to go against the neder, even if he cannot force her to do so, simply demonstrates that he is not happy with neder which is necessary for bitul.

One can ask a different question. According to the opinions that there is only hafarah, if it must be articulated, why does it work without the declaration on Shabbat?

The Ran (77b) explains that when the Gemara required articulation, that was when it was only a mental exercise. In this case however, since he has the intention of hafarah and gave instruction to go against the neder, that would be sufficient for hafarah. The Ran notes that the Gemara discounted other inexplicit declarations like "I cannot have you making nederim". Yet that was because he did not have the intention for bitul.

It would seem that unlike the Kesef Mishnah's understanding where for hafarah that the declaration alone is sufficient, according to the Ran the intention is indeed a critical ingredient.

¹ The Kesef Mishnah however finds the Raavad's implication that it only works on Shabbat difficult because the Gemara implies that if he instructed her to go against the neder during the week it would also work (see 77b).

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