May One Annul a Vow on Shabbat?

Topics of the Article

May one annul a vow on Shabbat? Why are there vows that may not be annulled on Shabbat? Which vows are considered Shabbat needs? If one vows not to eat a certain fruit, is that considered a Shabbat need? What is the law if one vowed not to eat challah or ordinary bread? Or not to eat from a particular baker, when he has only that baker’s bread? What is the law for one who vowed not to wear a particular garment on Shabbat? What is the law for one who vowed not to take an afternoon nap? Is the fact that the sage is more available on Shabbat, or has more time on Shabbat, a reason that the vow may be annulled on Shabbat? If one vowed to travel to Haifa by the end of the week, and Shabbat arrived and he still had not traveled, what should he do? If one was negligent and did not annul the vow before Shabbat, may one rely on these allowances? If a person wants to be stringent and not annul a vow for a Shabbat need, is that an enhancement of Shabbat? May a communal ban that the community accepted upon itself be annulled on Shabbat? May a ban that the community imposed upon an individual be annulled on Shabbat? If a woman made a vow that is not connected to Shabbat, may her husband revoke the vow on Shabbat? And may he revoke the vow in the usual weekday manner? May one tell a husband on Shabbat about his wife’s vows?

Introduction

There is a law that anyone who makes a vow or takes an oath is obligated to fulfill his word. However, in certain cases it is possible to annul the vow or oath. One may go to a sage who is expert in these laws, who knows which vows cannot be annulled and in which situations a vow can be annulled. When he finds an opening — meaning a fact or circumstance which, had the person making the vow known it, he would have refrained from vowing — the sage may join with two additional people, and the three become a court. They say to the person who made the vow, “It is permitted to you, it is permitted to you, it is permitted to you,” and then the vow is annulled, and there is no longer any need to fulfill it. It must be emphasized that the opening and regret alone do not annul the vow; only the process performed by the court described above does so. A person who regrets his vow and has an opening to annul it, and whose vow is one that can be annulled according to Halachah, nevertheless remains under a severe prohibition to violate his vow if he has not approached a sage to annul it for him.

There is a severe prohibition against making vows or taking oaths in any form and for any reason, both because of the great concern that one may stumble in the sin of vows and oaths, which is an extremely serious prohibition, and because even if one fulfills the matter, he is punished. As the Sages said (Gittin 35a; Bamidbar Rabbah, chapter 22, section 1), even one who swears truthfully is punished.

Although we do find in Tanach several instances where great people made vows, one must remember that these were people with spiritual and emotional powers entirely different from ours. Even among such people, they did not make vows except at select moments in history that required it. These rare moments were gathered together in Tanach. When we read in Tanach and in Chazal descriptions of select moments over 2,500 years, from the creation of the world until the sealing of the Talmud, the Tanach records the rare moments of the great figures at crossroads that determined the future of the Jewish people and even of the entire world. Thus the Torah and the Prophets mention a few isolated cases of vows, such as Avraham Avinu and Avimelech, Yaakov Avinu when fleeing to Charan, Yaakov adjuring Yosef, the Jewish people in the war against Arad, the parents of Shimshon who were commanded by an angel to accept naziriteship, Chanah before the birth of Shmuel, Yiftach — who was criticized and punished when his daughter came out first — and a few other isolated cases. But since these rare cases that occurred over 2,500 years are gathered together for us, we may receive the impression that great people were accustomed to making vows lightly.

Furthermore, Chazal said that a person who stumbled and made a vow is obligated to go to a sage and annul the vow. As the Sages said (Yevamot 109b): “One who makes a vow is as though he built a bamah, and one who fulfills it is as though he offered a sacrifice upon it.” That is, a person who makes a vow is considered as though he built a bamah for Hashem after the Beit HaMikdash had been built and it became forbidden to build bamot; and a person who fulfills it and does not go to a sage to ask about it is considered as though he offered a sacrifice on the bamah outside the Beit HaMikdash. Although the act may stem from good intentions, it is among the most severe transgressions, punishable by karet (Vayikra 17:9), meaning that he is cut off from both this world and the World to Come. So too with vows: even though the matter may stem from good intentions, to create a binding obligation in order to strengthen oneself, this is not the correct path according to Halachah. When a person serves Hashem in his own way, not according to Halachah, the matter is considered an extremely severe transgression.

Annulment of Vows on Shabbat

It is prohibited to annul vows or oaths on Shabbat (Shulchan Aruch, Orach Chaim, siman 341, se’if 1). The Mishnah Berurah (siman 341, se’if katan 1; Sha’ar HaTziyun, se’if katan 1) explains that this is because it constitutes exertion on Shabbat not for a Shabbat need, or because it is stated (Yeshayahu 58:13): “אִם תָּשִׁיב מִשַּׁבָּת רַגְלֶךָ עֲשׂוֹת חֲפָצֶיךָ בְּיוֹם קָדְשִׁי וְקָרָאתָ לַשַּׁבָּת עֹנֶג לִקְדוֹשׁ ה' מְכֻבָּד וְכִבַּדְתּוֹ מֵעֲשׂוֹת דְּרָכֶיךָ מִמְּצוֹא חֶפְצְךָ וְדַבֵּר דָּבָר” — “If you restrain your foot because of Shabbat, from pursuing your affairs on My holy day; and you call Shabbat a delight, the holy day of Hashem honored; and you honor it by not following your ways, not pursuing your affairs, and not speaking of them.” From this verse we learn that one should not occupy oneself on Shabbat with matters that are not a Shabbat need.

However, it is permitted to annul vows and oaths on Shabbat in one of the following four situations: 1. Annulment of a vow for a Shabbat need. 2. Annulment of a vow for the sake of a mitzvah. 3. An oath whose time expires on Shabbat, and if one does not seek its annulment he will violate the oath. 4. Communal bans. We will explain each case in detail.

Annulment of a Vow for a Shabbat Need or for the Sake of a Mitzvah

If a person made a vow not to do something that is a Shabbat need or a mitzvah need, it is permitted to annul the vow for him on Shabbat (Shulchan Aruch, Orach Chaim, siman 341, se’if 1). For example, if a person vowed not to eat meat or not to drink wine, or not to eat something with which he is accustomed to enjoying Shabbat, it is permitted to annul the vow (Mishnah Berurah, siman 341, se’if katan 2; Sha’ar HaTziyun, se’if katan 4).

However, the Pri Megadim was uncertain regarding a case where a person vowed not to eat a specific fruit or drink a specific beverage, and he has other types with which to honor Shabbat: is this considered a vow concerning Shabbat needs? (Sha’ar HaTziyun, siman 341, se’if katan 4). The Mahari Assad (Yehudah Ya’aleh, Orach Chaim, siman 55, question 2) was asked an interesting question in this regard. A woman went to bake the special challah for Shabbat at the baker’s [in those days not everyone had an oven at home suitable for baking, and each woman would knead the dough in her home and come to the baker, who would bake the bread from her dough]. On one occasion the line became excessively long, or the baker was negligent in his work, and the woman returned home very late and did not have time to arrange the other Shabbat needs properly. Therefore, her husband became angry with her and made a vow that he would never again taste challah baked by this baker. On one Shabbat, the woman again went specifically to that baker and baked her challot there. On Friday night her husband regretted the vow and wanted to eat the fragrant and delicious challot made specially in honor of Shabbat. However, the question arose: since there was plenty of ordinary bread in the house, and her husband could recite lechem mishneh over it, may the vow be annulled so that the husband can eat specifically challah, or perhaps his law is like that of one who vowed not to eat a certain type when he has other types available, regarding which there are opinions that forbid annulling the vow?

In this case, the Mahari Assad permitted annulling the vow, because challah is a baked food special for the honor of Shabbat, and anything special for the honor of Shabbat is, according to all opinions, considered a Shabbat need. The question exists only when there are several types of fruit and he vowed only regarding one specific type, where there is no particular honor of Shabbat in eating that type specifically.

If a person vowed not to wear a particular garment that honors Shabbat, or if he has no other garment, it is permitted to annul his vow on Shabbat.

If a person is accustomed to sleeping in the afternoon and vowed not to rest on Shabbat afternoon, he may annul the vow (Mishnah Berurah, siman 341, se’if katan 2).

A Person Who Had Free Time Before Shabbat

If a person has time to annul the vow before Shabbat, ideally he is obligated to annul the vow on Friday and not postpone the annulment to Shabbat, even though it is more convenient for him and the annulment of the vow is for a Shabbat need or a mitzvah need (Bi’ur Halachah, siman 341, se’if 1, s.v. “af al pi”). However, if he was negligent and did not annul his vow on Friday, although ideally this is prohibited, nevertheless for a Shabbat need or a mitzvah need it is annulled on Shabbat.

Is There Value in Being Stringent and Not Annulling the Vow on Shabbat?

The question arises regarding a person who made a vow that involves a Shabbat need, but he wants to be stringent and act with extra piety. Since there is a problem with annulling vows on Shabbat, he asks whether he may be stringent upon himself and enhance his observance by not annulling the vow.

The Melechet Shlomo (Shabbat, chapter 24, mishnah 5) addresses this question and writes that there is a mitzvah to seek annulment of the vow for the honor of Shabbat. Therefore, even a person who wants to be stringent upon himself and not seek annulment is obligated to do so. For this reason the Mishnah (there) wrote this halachah in the language of command: “And one seeks annulment of vows on Shabbat.”

One Who Swore to Do Something by the End of Shabbat

If a person swore that by the end of the week he would travel to Haifa, and Shabbat arrived and he still had not fulfilled his oath, then on Shabbat itself the week has not yet ended. However, of course he is forbidden to travel to Haifa on Shabbat in order to fulfill his oath. On the other hand, if he waits until after Shabbat, he has already violated the oath. There is a discussion whether one can still annul a vow or oath after its time has ended. For example, if a person swore that he would do something this week, he can annul the oath only during that week; but there is discussion whether he can annul the oath the following week and thereby be exempt from the severe punishment of one who did not fulfill his oath. Therefore, after Shabbat there is a problem annulling the oath (see Shulchan Aruch, Yoreh De’ah, siman 238, se’if 20, and the glosses of Rabbi Akiva Eiger there). The question is how this person should act so that, on the one hand, he does not violate his oath, while on the other hand the oath is not connected to Shabbat and it is forbidden to annul it on Shabbat.

In such a case, the Sages permitted a person to annul his oath on Shabbat before the time ends, so that he will not violate his oath (Shulchan Aruch, Orach Chaim, siman 341, se’if 2). In the Shulchan Aruch HaRav (siman 341, se’if 2) it is added that if we do not permit this for him on Shabbat, it will be forbidden to annul it after Shabbat. However, the Tehillah LeDavid (there, se’if katan 3) disagrees and holds that we would rely on the lenient opinions. Nevertheless, since there is a halachah that a person may not violate his oath relying on the possibility that the vow will later be annulled for him, he must annul the vow on Shabbat before he violates it.

What Is the Law When He Was Negligent?

Ideally, a person may not be negligent. If he knows that he will not be able to fulfill his oath by Shabbat, he is obligated to annul the oath before Shabbat and may not rely on the fact that it will be annulled on Shabbat, even if this is more convenient because he has time or the sage is more available. However, after the fact, even if he acted wrongly and negligently and intentionally waited until Shabbat, he should annul the oath and be saved from the severe prohibition of a false oath (Bi’ur Halachah, siman 341, se’if 2, s.v. “velo”).

A Person Who Has No Opening to Annul the Vow

If a person made a vow or took an oath, and every opening that the sage asks him about he answers that even if, at the time of the oath or vow, he had thought of that matter, he would nevertheless have made the vow, and only now does he regret the vow — in this case, if the regret can be turned into an opening, meaning one asks: “Had you known that you would later regret the vow and oath, would you still have vowed or sworn?” and he answers no, one may initially rely on this opening and annul the vow (Rema, Yoreh De’ah, siman 228, se’if 7; Mishnah Berurah, siman 341, se’if katan 6).

However, if the person says that at that time the desire to vow burned within him, and even had he known that he would later regret it, he would have vowed or sworn, and there was no circumstance or knowledge in the world that would have prevented him from vowing or swearing, yet now he completely regrets having vowed and would prefer never to have vowed — although ideally the practice is not to annul a vow or oath in this way; see the second opinion in the Shulchan Aruch and the Rema (Yoreh De’ah, siman 228, se’if 7) — nevertheless the Mishnah Berurah (siman 341, se’if katan 6) writes that in this case one should annul the vow or oath so that he will not violate the prohibition.

Annulment of a Communal Ban

If a community imposed a ban not to do something, which must be annulled publicly, then even though the ban does not relate to Shabbat and is not a mitzvah need, when they wish to annul the ban, it is permitted to annul it on Shabbat.

The Mishnah Berurah (siman 306, se’if katan 51; siman 341, se’if katan 8) adds that although the implication of the Rema (Orach Chaim, siman 306, se’if 12) is that one may annul only a ban that concerns the entire community, because the allowance is that something needed by the public is considered like a mitzvah need, in his opinion a ban that the community imposed upon an individual because of his actions may not be annulled on Shabbat unless it relates to Shabbat. Nevertheless, the later authorities permitted even this case, because it is considered impossible on another day, since only on Shabbat does the entire community gather together. If they wished to gather the community together to annul the ban on a weekday, it would be difficult and sometimes even impossible to gather the community solely to annul the ban. Therefore, it is considered as though there is no other day to annul it, and it may be annulled on Shabbat, similar to the revocation of vows; see below.

Revocation of Vows on Shabbat

The additional manner in which it is permitted to release a vow on Shabbat is through revocation of vows. A married woman, or a girl from age 11 until age 12.5, who makes a vow or takes an oath: the woman’s husband or the girl’s father can revoke the vow under certain conditions, even if the woman or daughter does not regret it at all. However, the right to revoke the vow exists only if the husband or father revokes the vow on the day he heard the vow; after sunset of the day of hearing, he no longer has the right to revoke the vow, and the woman must have her vow annulled by a sage like any other person.

Therefore, the Sages permitted a father or husband to revoke any vow on Shabbat, because if he waits until after Shabbat, he will no longer be able to revoke the vow (Shulchan Aruch, Orach Chaim, siman 341, se’if 1).

However, when the husband or father revokes on Shabbat for the honor of Shabbat, he should not say, “It is revoked for you,” but should tell her to violate her vow. For example, if she vowed not to eat an orange, he should command her: “Take an orange and eat it,” and the command is considered revocation of the vow. If she vowed not to enter a certain room, he should command her to enter that room.

But if the husband or father did not hear about the vow, and the vow is not one of the needs of Shabbat, it is proper not to inform him on Shabbat that his wife or daughter made a vow, but only to inform him after Shabbat. He will then be able to revoke the vow on Sunday, for that will be the first day of his hearing the vow.

Shulchan Aruch (Orach Chaim, siman 341).