In Yore
Dai’a 323 we find a Halacha in Hafrashas Challah which is of great use to
Rabbanim. Very often someone calls a Rav
with the following Shaila. The woman calls and says that I separated Challah
and I am making my Challahs and now I don’t see the dough that I separated for
Hafrashas Challah. The Challah dough must have been mixed back into the dough
and it is in one of my Challahs and I can’t identify which is the dough that
was separated and made holy and I can’t eat. I can’t distinguish that from the
rest of the Challah, what should I do?
In Siman
323 we find that the Din of Hataras Nedarim which allows a person to be Mattir
Neder, to let a person who made a vow and cause it to become abrogated and
dissolved that applies also to Kedusha.
Setting
Kedusha with words and establishing Kedusha through words, those words can also
become nullified by Hataras Nedarim, and that is what we do. It has happened
that a woman calls with a Shaila to the Yeshiva and I have taken two other
people from the Yeshiva to her home and done Hataras Nedarim.
Today I
would like to deal with a few of the Geshmake Kashas that are dealt with in
this Shaila of being Mattir Neder for Hafrashas Challah.
The
Chasam Sofer in Yore Dai’a at the end of Siman 320 asks a great Kasha. How can
I go and be Mattir Neder. A woman that separated Challah and now because the
Challah became mixed into the rest of the dough which would make all the
Challahs prohibited, they would all have to be thrown out. So I am going and
being Mattir Neder. When I am Mattir Neder I am causing retroactively that the
Challah was never Challah because all Hataras Nedarim works in a retroactive
way. If so, it turns out that the
Beracha that she made when separating the Challah, Asher Kidishanu B’mitzvosav
V’tzivanu L’hafrish Challah or as some say L’hafrish Challah Min Ha’isa, that
Beracha that was made initially now becomes a Beracha Levatala, because it
turns out that she didn’t separate Challah when she retroactively nullifies the
separation of the Challah and then the Beracha is a Beracha Levatala. You can’t
nullify a Beracha. The Chasam Sofer therefore asks how can you be Mattir Neder
on separating Challah, aren’t you causing a Beracha Levatalah which is a worse
Aveira then throwing out all the Challahs.
The
Chasam Sofer says a Lomdishe Teretz that it is not a Beracha Levatalah because
the language of the Beracha is Asher Kidishanu B’mitzvosav V’tzivanu L’hafrish
Challah, that Hakadosh Baruch Hu commanded us with his Mitzvos and commanded us
to separate Challah.
That
Beracha the Chasam Sofer Teitches is a Mitzvah to separate Challah according to
the rules of the Torah. In other words, when I make a dough I have a Mitzvah to
separate some dough and cause that to become Challah which is subject to the
Mitzvas Hatorah. Since the Mitzvas Hatorah themselves include an ability to be
Mattir Neder, so my Beracha is not a Beracha Levatalah. Because what did I do,
I said this is Challah subject to all the rules of Dinei Challah. That is what
happened. Even when I nullified the Hafrashas Challah it is not a Beracha Levatala
because it turns out that what I did with the Beracha is Mikuyam. When I made
the Beracha I said I am making this Challah subject to Hilchos Yore Dai’a. And
it is subject to Hilchos Yore Dai’a which allows Hataras Nedarim. So it turns
out says the Chasam Sofer, that it is not a Beracha Levatala.
I should
add for those who learn Maseches Nedarim that there is a Rav Shimon Shkop who
says that Hataras Nedarim works L’mafrei’a only Mikan Ul’haba L’mafrei’a. He
has a Lomdishe twist that says that Hafrashas Challah is only retroactive for
things that are important for now and the future. However, it is not
retroactive for things that are retroactive, that took place in the past. He
has this type of hair splitting Chiluk in Hataras Nedarim L’mafrei’a. According
to Rav Shimon the Chasam Sofer’s question would be answered and it is not a
Beracha Levatala. At the time it truly was Challah. It is only later that it
becomes Os Challah L’mafrei’a.
Kasha #2
on the issue of being Mattir Neder – The Taz also in Siman 323 has a long piece
in which he asks a great Kasha. He says if it is true that you can be Mattir
Neder on things to which you give Kedusha which presumably does not only
include Challah and Terumah but Korbanos as well. Or making oneself a Nazir, if
you can be Mattir Neder based on events that take place later, you would never
have a Nazir who would become Tamei and have to bring a Korban. If he becomes
Tamei let him be Mattir Neder based on the fact that if he would have known
that he would become Tamei he would have never made a Neder. Or if you have a
Nazir who is getting Malkus for drinking wine, he should never get Malkus, let
him be Mattir Neder and say had I known that I would drink wine I never would
have made myself a Nazir in the first place. Or how can you give an Onesh of
Shechutai Chutz (which is a Korban that is Shechted outside the Bais
Hamikdash). If it is Shechted outside the Bais Hamikdash that would be a
legitimate reason to be Mattir Neder because had I known that it would be
Shechted outside the Bais Hamikdash I would have never made it a Korban. So asks
the Taz how can that be?
The Taz
says it must be that you can’t be Mattir Nedder based on future events which is
called B’nolad, and if so the same thing should apply to Hafrashas Challah, how
can you be Mattir Neder based on the facts that take place later? This is a
Gevaldige Kasha.
The
Orach Hashulchan actually says Ein Hachi Nami, you can fix all those cases that
we brought down if you want (Nazir, Shechutai Chutz...) and there is only an
Onesh if you don’t. This is a difficult Teretz.
Rav
Yaakov Emden in the Teshuvas Yaivetz Cheilek 2 Teshuva 98 offers a great Teretz
to the Taz’s Kasha. He says the idea of Poschim B’nolad, allowing someone to be
Mattir Neder based on a future event is only on a future event which is
Shichiach (happens often). If it happens often then you can say had you
contemplated it at the time would I have made the Neder. On a Davar Delo Shichiach
a person can’t be Mattir Neder. Certainly it is not Shichiach for a Nazir to
drink wine in a circumstance where he would get Malkus and he is warned not to
drink the wine, and therefore it is Lo Shichiach and you can’t be Mattir Neder
based on that. To Shecht a Korban
Bachutz is not Shichiach.
As far
as women mixing Challah back into the dough, you may argue that it is not
Shichiach, however, Rabbanim will tell you that it happens quite often. Therefore that is Shichiach enough to be
Mattir Neder. Mashe’ain’kein, the other difficulties of Shechitas Bachutz and
the rest which are not Shichiach, and there it doesn’t help.
I saw an extraordinary Chiddush of
Rav Chaim Kanievsky in the Derech Emunah Cheilek Bais which is Hilchos Teruma
Perek 4:186. There he brings an extraordinary Chiddush B’sheim the Chazon Ish
as Halacha L’mayseh. That is in such a situation where a woman or any Shaliach
separates Challah, she is actually separating Challah from the dough which is
legally the dough of her husband. Her husband in effect makes her a Shaliach to
separate the dough. Zogt the Chazon Ish and this is based on earlier sources
that the person who has to be Mattir Neder is not the woman it is the man
because it was his Shaliach that separated the Challah. Since this is a
Chiddush, an issue of question, the Chazon Ish says that they should both be
Mattir Neder or the woman should make her husband a Shaliach. The only person who
can be a Shaliach for Hatoras Nedarim is a husband for a wife. So then the
husband can be Mattir for both of them. This is an extraordinary Chiddush but
this is the Psak that is brought there in the footnotes from the Chazon Ish.
Many of you have already come to me
and I have been Mattir Neder for the wife alone. I would point out that the
Piskei Teshuva in Yore Dai’a 331:6 B’sheim the Chasam Sofer says that it is
enough for the woman alone to be Mattir Neder. Nevertheless, when we have the
Psak of the Chazon Ish and the Sefer Milo’o Omer which is quoted there, that
the husband should be Mattir Neder as well, in the future Bli Neder that will
be my practice.
אין תגובות:
הוסף רשומת תגובה