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Rambam

Rambam

Rabbi Yitzchok Etshalom
Talmud Torah 7:3

3. *Keitzad* (how) do we lift the *Nidui* or *Herem*? He says to him: "It is permitted and forgiven to you". If they lifted the ban without his being present, he says to him: "Ploni is permitted and forgiven."

Q1: Who declares the ostracism and its removal (R just says: "_He_ says")? (This question also applies to Halakha 2 above.)

YE: Since the entire matter - both the ban and its lifting - must take place within a construct of Beit-Din (TT 6:12), it would seem that any member of the Beit-Din makes the declaration.

Q2: If the offender is not present, to whom does the "permitter" make the declaration? (note that R says: "He says _to_him_" even in the final clause).

YE: In the Tur (Yoreh Deah 334), this word *Lo* (to him) is omitted - it may be mistakenly included here. There is another possibility:

The Nidui expelled him from social contact (see Halakha 4). This separation is so strong that even when he is banned in person, the court does not address him directly (see Halakha 2 - look carefully at the formulation). Once he is being reintegrated, he must be addressed directly. If he cannot be present when the ban is lifted, ne of the members of the court acts as his agent - and another member of the court addresses him.

Rambam, Copyright (c) 1999 Project Genesis, Inc.

 

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