The source for such an idea that it may be an issur
gavrah would seem to stem from the language of the possuk, אִישׁ֩ כִּֽי־יִדֹּ֨ר נֶ֜דֶר לַֽי״י֗ אֽוֹ־הִשָּׁ֤בַע
שְׁבֻעָה֙ לֶאְסֹ֤ר אִסָּר֙ עַל־נַפְשׁ֔וֹ לֹ֥א יַחֵ֖ל דְּבָר֑וֹ כְּכׇל־הַיֹּצֵ֥א
מִפִּ֖יו יַעֲשֶֽׂה. The issur is described as a desecration
of the person’s speech.
The Minchas Chinuch (368:4) assumes in a situation where a
person accepts upon himself nezirut for less than 30 days or for only one
of the prohibitions of nezirut, where he is established as a complete nazir
for 30 days, that there is no violation of בל יחל because
the Torah imposed upon him the additional stringencies but he never accepted it
upon himself. He clearly assumes that
the issur is to violate one’s word, not the cheftzah of the neder.
The Rambam (Laws of Nedarim 10:12) holds that if one forbids
person B from receiving benefit from him and then person B benefits, it is person
A, that made the neder that gets the punishment. The Ran (Nedarim 15a bottom,) disagrees, and
holds it is person B who gets punished for they violated the neder. Clearly, the Ran holds the issur is to
violate the cheftzah of the neder, not the violation of one’s word,
not like the Minchas Chinuch. However,
the Rambam holds it is upon the one taking the neder to make sure his/her
word is upheld. He may hold like the Minchas
Chinuch but we aren’t forced to say so.
He may hold the one who made the neder is the one responsible for
it, but his/her responsibility isn’t limited to what was only explicitly stated
in his/her neder.
No comments:
Post a Comment