DailyHalacha.com for Mobile Devices Now Available

Click Here to Sponsor Daily Halacha
"Delivered to Over 6000 Registered Recipients Each Day"

      
(File size: 556 KB)
Can a Man Represent His Wife in Hatarat Nedarim?

Is it permissible for a man to represent his wife for hatarat nedarim?

Usually, a person must stand before a beit din of three men and ask for an absolvement of his vows, known as hatarat nedarim. The Shulhan Arukh (234:56) rules that a husband may serve as a shaliach (agent) for his wife and to absolve her vows. The Taz (46) explains that he may do this based upon the principle of "ishto kegufo," which teaches that a man’s wife is like him for certain laws. It is, however, important that the husband informs the beit din that he is acting as her agent and that he specify her vow. The Ben Ish Hai (Rav Paalim 4:34) rules that only a husband can serve as his wife’s agent for hatarat nedarim.

The halacha also says that the husband should not gather a beit din, rather, he may only approach them to absolve the vows of his wife if they were already assembled..

Summary: A husband can represent his wife in front of a beit din and perform hatarat nedarim, as long as the beit din is aware that he is absolving her vows, and that he specify his vows to the beit din.

 


Recent Daily Halachot...
May a Seller Charge a Higher Price if Payment is Delayed?
May a Lender Charge a Penalty for a Delayed Payment of the Debt?
Seizing a Debtor's Property in Lieu of Payment
Defining "Ri’bitt " (Interest)
"Ri’bit": The Prohibition Against Receiving or Paying Interest
Is It Permissible To Poach (Take Away) A Customer
The Halachic Propriety of Opening a Competing Business
Exceptions to the Rule Allowing a Neighbor the Right of First Refusal
Can a Neighbor Exercise His Right of First of Refusal if He Did Not Do So Immediately; a Business Partner's Right of First Refusal
Offering First Right of Refusal to a Partner or Neighbor
Damaging Somebody’s Property for the Purpose of Saving a Life
Is There a Liability When a Child Damages Somebody’s Property?
If One Damages Somebody’s Property In His Sleep, Under Intoxication, While Celebrating, or During a Sports Game
Liability for Damages Caused While Walking or Running in a Public Domain
The Extent of Liability for Property Damages
Page of 239
3585 Halachot found