Wednesday, May 22, 2024

Moed Koton 14: Seated Annulment

On this daf, we find a leniency regarding someone who annulled a vow.

When the Radvaz was consulted regarding whether one must stand while annulling a vow, he ruled that this is unnecessary: “Although the Tosefta rules that one must stand while annulling his vow, this is not the halacha. It is not even incumbent upon those permitting the vow to insist that the one who made the vow stand while it is being annulled.

“This is clear from the Rambam regarding testimony. He explains that although Talmudic law is that one should stand while bearing witness, the custom after the Talmud in all botei din—even in the yeshivos—was to allow witnesses to sit. The reason we are lenient in this regard is that allowing them to sit avoids potential machlokes. This is permitted because we do not have the physical stamina today to always do things as they should be done.

“Since this is the practice regarding a Talmudic law, we certainly need not be stringent regarding annulling vows, which is only a Tosefta that is not even brought in the Talmud” (Shu”t Radvaz).



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