The Annulment of Vows

The Torah portion Matos begins with Moshe speaking "to the tribal heads of the Jewish people, telling them that this is the word that G-d commanded."[1] The Torah then goes on to spell out the laws of vows, nedarim, and their annulment, hatoras nedarim.

In explaining why the Torah singles out the tribal heads, Rashi says that "Moshe honored the tribal heads, teaching them first." Rashi goes on to ask, "why was this specifically mentioned here, since this was always the case? To teach us that vows can be annulled even by a single individual, if he is an expert [such as a tribal leader or other scholar]."

The following question presents itself. Since this is the section that relates to vows and not to the annulment thereof, how does Rashi deduce that the tribal leaders were singled out here to inform us that even a single expert can annul a vow - the very antithesis of making one?

The main thrust of this section is not that "If a man makes a vow to G-d, or makes an oath to prohibit upon himself, he must not break his word,"[2] for that is self-understood. Moreover, this is also included in the commandment to "distance yourself from falsehood."[3]

Evidently, the Torah is telling us here that notwithstanding the fact that one must keep his word, it is possible for a vow to be annulled. Thus, the main thrust of the section is to let us know that vows can be annulled in any number of ways.

This is also to be understood from the more esoteric understanding of vows and their annulment:

With regard to vows, the Yerushalmi states:[4] "Does it not suffice for you that which the Torah prohibited; you seek to prohibit yourself from other matters as well!?"

The reason for this statement is obvious. G-d's intention is that through the performance of Torah and mitzvos we transform the world into a dwelling place for Him.[5] As such, spiritual service must be performed with physical entities,[6] making them into vessels for G-dliness. This purpose is not served if a person removes himself from involvement with them by means of oaths and vows.

On the other hand, our Sages also state[7] that "vows are a fence for abstinence," i.e., they enable a person to perform the command to "Sanctify yourself [by refraining from indulgence] in permitted matters."[8]

How are we to reconcile these seemingly opposite views?

The answer is as follows:[9] When a person conducts his life in an upstanding fashion, then that which the Torah prohibits him suffices; he is prohibited[10] from making vows, inasmuch as they needlessly hinder him from elevating those physical entities which he has forbidden himself.

But when a person does not conduct himself in a proper manner, in which instance additional physical matters may well hinder his spirituality and indeed cause a spiritual descent,[11] then the person is advised that "vows are a fence for abstinence."

In light of the above, it is clear that the intent is to rise to such a level that having had to take a vow in order to avoid descending, one becomes able to have the vow annulled, confident that rather than being degraded by the physical object, he will succeed in sanctifying it.

Thus, when the Torah hints that there is something about vows that specifically relate to an expert, reference is not being made to the fulfillment of vows. Rather, it pertains to an expert's ability to make the vow unnecessary.

This is the effect of the "expert individual." He elevates[12] his fellow Jew to a level such that it is no longer necessary for him to rely on the stricture of vows.

Based on Likkutei Sichos, Vol. XIII, pp. 106-108.

   

Notes:

1. (Back to text) Bamidbar 29:2.

2. (Back to text) Ibid., verse 3.

3. (Back to text) Shmos 23:7.

4. (Back to text) Nedarim 9:1.

5. (Back to text) Tanchuma, Naso 16; Tanya ch. 36.

6. (Back to text) See statement of the Baal Shem Tov quoted in HaYom Yom p. 23; see also Sefer HaMaamarim 5704, p. 145; Likkutei Sichos, Vol. I, p. 32ff.

7. (Back to text) Avos 3:13.

8. (Back to text) Yevamos 20a; Sifri, Re'eh 14:21. See also Tanya, ch. 30 (p. 39a), where the Alter Rebbe states that this is a "Torah commandment."

9. (Back to text) See also Likkutei Sichos, Vol. IV, p. 1076.

10. (Back to text) See Yerushalmi conclusion of Kiddushin; see also Yerushalmi cited in fn. 18.

11. (Back to text) See Tanya, chs. 7, 8, 13.

12. (Back to text) See Likkutei Sichos, ibid., p. 1077ff.

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Of Vows and their Nullification

The Torah portion of Matos begins with the laws of vows and the nullification and absolution thereof.[1]

Taking a vow means that an individual imposes a specific stricture upon himself, prohibiting himself from deriving benefit from something that otherwise would be permitted.

By and large, vows can be annulled by a father, husband or sage, either through absolution (shi'eilah), invalidation (hafarah), or annulment (hatarah).

The Rambam[2] makes the following statements regarding vows:

"He who vows in order to be morally upright and amend his actions is considered quick-sighted and praiseworthy. E.g., a glutton who forbids himself to eat meat for a year or two .... All are valid means of serving G-d. It is with regard to such vows that our Sages state:[3] 'Vows are a fence for abstinence.' "

The Rambam goes on to say:[4] "Although these [vows] are a form of [divine] service, a person should not make numerous prohibitory vows, nor should he customarily do so. Rather, he should abstain from those things that should be abstained from without resorting to vows."

In Hilchos De'os the Rambam writes:[5] "Our Sages have commanded that we only refrain from those things that the Torah told us to refrain from .... Thus our Sages said:[6] 'Does it not suffice that which the Torah prohibited; you forbid yourself other things as well?!' "

We thus have three kinds of spiritual service: a) abstaining from permissible things by means of a vow; b) abstaining without resorting to a vow; c) not abstaining from permissible matters.

How are we to reconcile these three different forms of service?

In fact, the Rambam addresses three groups of people, each on a different spiritual plane.[7]

When one is on a lowly level, one must abstain from non-essential permissible matters, since chasing after them has a deleterious spiritual effect. An individual who by his very nature is drawn to worldly pleasures must resort to a vow in order to keep himself from over-indulging.

Then there is the individual who is on a higher spiritual plane. It is unnecessary for such a person to vow in order to refrain from physical delights. Still, since this person has yet to attain a truly lofty level, he too must limit his involvement.

Finally, there is the person who has attained a superior level of holiness. Such an individual need not fear that partaking in a physical matter will cause a spiritual descent. Rather, such a person is commanded to occupy himself with physical matters, refining and elevating the permissible to his or her level of sanctity. As the verse says:[8] "Know Him in all your ways."

In light of the above, we also understand the nullification and absolution of vows in the context of man's spiritual service:

When one prohibits oneself from partaking in things that are in and of themselves permissible, it is possible for one's father, husband or sage[9] to elevate that individual to a higher level, such that the person need no longer be bound by his or her vow.

Here as well, there are two distinct aspects:

1. The person might only be elevated to a level at which the vow is invalidated (hafarah), i.e., the individual must still remove him or herself from the matters in question, but this can now be accomplished without a vow.

2. Then there is an annulment of the vow (hatarah), wherein the sage causes so great a degree of holiness to descend upon the individual that the very need to separate himself from permissible worldly matters vanishes.

Rather, the person is able to fully engage in all permissible matters and elevate them to holiness.

Based on Likkutei Sichos, Vol. XXXIII, pp. 186-192.

   

Notes:

1. (Back to text) See Bamidbar 30:2-17 and commentary of Rashi.

2. (Back to text) Laws of Vows 13:23.

3. (Back to text) Avos 3:13.

4. (Back to text) Ibid., 24.

5. (Back to text) 3:1.

6. (Back to text) Yerushalmi, Nedarim 9:1.

7. (Back to text) See Likkutei Torah, Matos, p. 82b, 84b ff.; Sefer HaMaamarim 5679, p. 537ff., et al. See also Likkutei Sichos, Vol. IV, p. 1076ff.; Vol. XIII, p. 107ff.; Vol. XXXIII, p. 197.

8. (Back to text) Mishlei 3:6.

9. (Back to text) See Likkutei Torah, ibid., p. 84c ff.