From the Ravs Desk: Latest articles and Q&A [Tuesday 20th Tamuz 5785]

Question:

I am in the process of strengthening myself in Judaism and made a vow that I would not eat nonkosher food. Recently, I see that this is very difficult for me to keep to especially in the various localities that I travel to, and would like to know if I can have my vow revoked.

Answer:

A vow that was made regarding a prohibition, especially if it is a Torah prohibition, cannot be revoked unless under special circumstances of which I do not see your scenario reaching, and therefore you cannot annul your vow. I recommend you check with the local Jewish communities in your areas of travel to get a list of kosher foods and where they are available for purchase. Likewise, there are plenty of foods, including almost all raw fruits and vegetables, grains and legumes, that are perfectly kosher. May Hashem send you much assistance in your challenge of keeping kosher and strengthen you to see the blessing that results from it.

Explanation:

A well-known scriptural concept which we actually perform annually prior to Rosh Hashanah, is the annulment of vows. This process uproots and revokes a vow that one made and allows one to not perform whatever matter he vowed against doing. Now, not all vows have the ability to be revoked. Thus in a case that one remembers a vow that he made [and thus mentions the vow to a member of the tribunal], the people annulling the vow must know the laws involved in whether such a vow may be annulled. One of the examples of a vow that cannot be revoked is a vow made regarding a Torah prohibition, known as Nidrei Issur. Nidrei Issur refers to a vow made over any matter that the Torah has already forbidden. The reason behind this restriction is quite simple, as revoking such a vow would open the gates for sinners and accelerate one to sin. This restriction applies not just to biblical prohibitions but even to rabbinical prohibitions, that if one made a vow not to transgress a rabbinical prohibition, then it may not be annulled. Furthermore, even in the event that the tribunal transgressed and annulled such a vow, many Poskim ruled that the annulment is invalid. In your particular case, indeed a vow to eat not kosher food fits the exact definition of Nidrei Issur which cannot be annulled. Nonetheless, despite this general rule, we find an interesting debate in the Rishonim and Poskim regarding whether such a vow can be annulled in the event that is a certainty that the person will transgress. Some Poskim rule that even in such a case it is forbidden to annul this person’s vow, and hence if he transgresses, he will transgress two prohibitions, one of the actual transgression, and the second of breaking his vow. The logic behind this position is that we do not give sinners opportunities to sin with lesser severity, and if he desires to sin, then he must carry all the weight of transgression that it follows and it is not the job of the rabbis to diminish his transgression. Other Poskim, however, disagree with this approach and rule that one must look out for his fellow Jew, and hence in the event that it is a certainty that he will transgress then we have the responsibility to at least lessen the severity of the sin by revoking the vow aspect that it now has. Regarding the final ruling, Sephardim are stringent like the former approach while Ashkenazim debate which approach to follow and under what circumstances. For example, many Ashkenazi Poskim argue against the second opinion in a case that the transgression is a person’s occupation, such as gambling, and rule that such a transgression may never have its vow annulled.

Sources: Poskim who rule one may never revoke Nidrei Issur: Michaber Y.D. 228:15; Rivash 1:36; 395; Mordechai Gittin Remez 374 in name of Rivash and Shavuos Remez 756 in name of Rabbeinu Tam; Hagahos Mordechai Shavuos Remez 787; Rashba 1:755; 7:4; Hameyuchasos Leramban 252; Kol Bo 109; Semak end of 81; Hagahos Maimanis Shavuos 6:8; Rosh 11:8; Shach 228:28; Chochmas Adam 100:10; See also Atzei Levona in name of Beis Lechem Yehuda that if one made a vow to gamble because it leads to promiscuity with women then the vow may not be revoked even if he cannot control himself.  Poskim who rule that if the person cannot control himself from transgressing then one may annul even Nidrei Issur: Rama Y.D. 228:15; Hagahos Mordechai Shavuos Remez 787 in name of Rabbeinu Tuvya; Yad Shaul 228:19-Rav Yosef Shaul Nathenson; See Aruch Hashulchan 228:51-52