Chapter 67:10 & 11
The Laws Governing Vows and Oaths
10. A father has the right nullify vows made by his daughter until she
reaches bagrus - i.e., the age of twelve and a half - provided she is not
married. A husband is entitled to nullify vows made by his wife.
How do they nullify vows? The father of husband states: "They are
nullified" or "They are negated," or makes another statement implying that
he annuls the vow from its origin. This nullification is effective whether
it is carried out in the presence or absence of the daughter or wife.
A father or husband cannot nullify a vow using the expression hatoroh
(absolution) [the rite which is effective when performed by three scholars,
as explained in Law 8]. Furthermore, they are capable of nullifying the vow
only on the date when they first heard it. Thus, if they hear the vow in
the beginning of the night, they are capable of nullifying it the entire
night and all the following day. However, if they hear towards the end of
the day, close to the appearance of the stars, they are entitled to nullify
the vow only until the appearance of stars. Afterwards, they are not
entitled to nullify it.
(On the Sabbath, [vows may not be absolved. Therefore, they should not be
nullified in a public manner. Thus, the father of husband] should not tell
his daughter or wife: "Your vow is nullified," as he would do on a weekday.
Rather, he should nullify it within his heart and tell her: "Take this,"
"Eat this," or give a similar [command ordering her to break the vow she
took].)
If, at first, the father or husband stated that he approved of the vow, he
can no longer nullify it. This applies even if he did not explicitly state
his approval, but merely implied that fact by his statements. (indeed, even
if he did not make any verbal statement to this effect, but merely thought
within his heart that he approved of the vow, he is not longer able to
nullify it.)
(nullification of a vow which is dependent on a particular act is discussed
by the Sifsei Cohen, Shulchan Oruch, Yoreh De'oh 234:45.)
11. Which vows can a father nullify? Only those which involve hardship -
e.g., those prohibiting washing, wearing jewelry, making up one's eyes,
applying other cosmetics, or the like. In addition, a husband may also
nullify vows that do not involve hardship if they are relevant to the
husband-and-wife relationship and might arouse conflict. The latter are
nullified only tentatively, the nullification being effective only while
the couple remains married. Should the wife become widowed or divorced, the
vows take effect and the woman must observe them.
