Parsha Halacha

“Hashem spoke to Moshe to speak to all the heads of tribes saying: A person who made an oath or vow is to keep his word..”

Annulling a vow that was made on a Torah prohibition

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

 

1. Question: [Monday 22^nd Shevat 5782]

I made a pledge in my mind to give a certain amount of charity to a certain cause. I have since rethought of whether I should give this pledge. Must I do so, or since I did not verbalize the pledge, it is not considered binding?

 

Answer:

You must honor the pledge, and give to the charity cause the amount that you originally decided in your mind to give. The only way to avoid this obligation, is by doing Hataras Nedarim.

 

Explanation: Although in general we rule that unless one verbalizes the vow with his mouth then the vow is not binding even if he made the vow in his mind, nonetheless, by Hekdish the rule is that even the designation of the mind has power to sanctify the item. Now, there is a dispute regarding charity pledges if it has the same status as a regular vow which requires verbal pledging or has the same status as Hekdish by which simply pledging in one’s mind suffices to make it binding as of vow. Practically, we rule stringently that it does have the status of a vow if one made a charity pledge in one’s mind even if he did not verbalize it. The Poskim, however, discuss as to when this applies and as to whether one must actually say in his mind that he is taking upon himself to give charity, or simply thinking of giving charity suffices.

 

Sources: See Tzedaka Umishpat [Bloy] 4:4-5; See regarding the need to verbalize a vow: Michaber Y.D. 210:1; Shavuos 26; See regarding that by Hekdish in Temple times, even having in mind suffices: Michaber C.M. 212:8; Admur O.C. 527 Kuntrus Achron 2 regarding Teruma; See regarding that charity pledges have the status of a vow even when not verbalized and simply accepted in one’s mind: Rama Y.D. 258:13 and Michaber C.M. 212:8 for both opinions and Rama concludes in both Y.D. and C.M. that the main opinion is like the first stringent opinion, and so concludes Admur C.M. Dinei Mechira Umatana Halacha 4; Kuntrus Achron ibid 1; Admur 156:2 “Im Ein Bahen Serach Mitzvah”; Admur C.M. Dinei Mechira Umatana Halacha 1 “Kol Sheiyn Bahem Search Mitzvah”; Stringent: 1^st opinion in Rama and Michaber ibid; Mordechai; Maharik 185; Semak; Hagahos Rav Akiva Eiger 258; Imrei Yosher 2:162; Lechem Rav 223; Kneses Hagedola C.M. 212 that according to Michaber should be stringent; Lenient: 2^nd opinion in Rama and Michaber ibid; Rosh Kelal 13; Pischeiy Teshuvah Y.D 258:16 and Gilyon Maharsha 258 in name of Das Eish 14 that Machshava only helps for the amount of the pledge, however one must at least verbalize that he is making a pledge, otherwise it is not binding according to any opinion; Sdei Chemed Klalei Haposkim that Michaber is lenient; See also Mahariy Asad Y.D. 311; Erech Shaiy Y.D. 210 in name of Avnei Shoham; See regarding having in mind to accept a fast and that simply thinking of fasting is not enough: Michaber O.C. 562:2; M”A O.C. 562:11; Aruch Hashulchan 258:39 See regarding doing Hatras Nedarim to a charity pledge: Michaber Y.D. 258:6; Maharsham 1:201 regarding pledges in thought; Tzedaka Umishpat [Bloy] 4:5

 

 

 

Elazar the son of Aaron told Bnei Yisrael that all the metal vessels of gold, silver, copper, iron, tin and lead, that they took from the Midianites, need Kashering. Those vessels that are used with fire must be purified with fire and Mei Niddah.

Using a barbecue grill in a public park

1. Question: [Monday, 24^th Iyar 5783]

We are going on a camping trip with our students from school and would like to know if it is at all possible to use the public grills that will be found in our camping site. We plan on bringing our own coals, and we have also purchased several grill racks, to place over the public barbecue grills, as often they are missing or very dirty and rusty, and simply not kosher. So my main question is regarding the box of the barbecue itself will we will rest the newly bought racks.

 

Answer:         

If you are placing your own kosher racks over the barbecue grill, as you state, then all you have to do is simply clean out the grill from any leftover coals and food, and cover the sides where the racks will rest with a piece of tinfoil, as well as cover with tinfoil all sides of the box that meat may accidentally touch. Likewise, the sides of the inside of the grill which will not be covered with coals, are to be covered with tinfoil. Then place your coals into the grill in a way that it completely fills the bottom of the grill and light them up and leave them burning in the box for several minutes to burn any leftover gravy that may be in the box. You may then place the racks on top of the tinfoil covered barbecue box and barbecue your food without Kashrus worry.

 

Explanation: Public grills are considered not kosher due to them having most likely been used with nonkosher meats, including pork and non-slaughtered animal meat. Accordingly, it is obvious that it requires some form of Koshering in order to be able to be used. However, this does not mean that all of its parts require Koshering, as only the parts that actually touch the food need to be Kosher, as there is no way for nonkosher taste that is absorbed within a vessel to jump in the air into one’s food that is not touching it. Accordingly, it is forbidden to use the actual grates or racks of the public barbecue unless one Koshers them with Libun Gamur in which the metal turns red hot or has sparks fly from it throughout its entire area which is quite difficult to achieve even if one were to rest the coals on it. [However some suggest resting the grate on burning coals and then placing coals on top of the rake, hence sandwiching it, and burning it from both sides. In order to achieve a red-hot blaze throughout the entire grate, it would need to be literally buried within the coals.] Accordingly, as a rule, the public barbecue racks or grates are not to be used and rather you are to bring your own. Now, regarding the frame and bottom of the barbecue grill which holds the coals, ideally it does not need to be Koshered as the Kosher food does not touch it, and it is no different then what is done in many homes that only have one stovetop for cooking in which people cook both milk and meat over the stove at different times even though its surface is Treif due to having milk and meat spill on it, as it is not possible for the nonkosher taste absorbed within the surface to jump into one’s pot. Nonetheless, it is best to cover the sides with tinfoil as we do not want our kosher grates to rest on nonkosher food residue or the metal which has absorbed nonkosher meat taste, which can possibly jeopardize the Kashrus of the grill. Also, it is best to clean out the box of the barbecue from any residue and also burn the coals on it for several minutes before placing down the grates and placing food on it, in order to destroy any leftover fats, meats, and oils and gravies they may be on the bottom of the barbecue box, and if not destroyed prior to placing food there their vapor may enter into one’s food. For this reason, it is also proper to cover the inside walls of the grill with tinfoil in the area that the coals will not be touching, and will hence not burn any nonkosher fat or gravy that is there.

 

Sources: Toras Meir O.C. 96; Vayitzbar Yosef 5:349; Koveitz Beis Hillel 4 5762 p. 48; Hakashrus Lemaaseh p. 178; See regarding that grates require Libun Gamur: Admur 451:24; Michaber 451:4; Rav Wozner in Kuntrus Mibeis Levi 1:29; M”B 451:34; Igros Moshe 1:124;  See regarding vapor going from bottom to top and Treifing up a food: Michaber and Rama 92:8; Tur 92 in name of Rosh Kalal 20:26