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Answer: While a general Hatarat Nedarim (=HN) within days of Rosh Hashana is just a minhag (see Chayei Adam 138:8), it is good that you are looking for an opportunity to do it.
There is a machloket Rishonim (see Beit Yosef, Yoreh Deah 228 and Ran, Nedarim 8b) whether hatarat nedarim (=hn – annulling (a)specific oath(s)) requires the presence of the oath taker (noder). Thegemara (Nedarim 8b) asks whether a husband can be an agent to request his wife’s hn and concludes that he can. Some say (including R. Shimshon) that others, who are less impacted by it, are certainly effective based on the general rule that agents can carry out halachic processes. The Rambam (Shvuot 6:4), accepted by the Shulchan Aruch (YD 228:16), is among those who require the oath taker’s presence.
We must see how absolute this ruling is, on a few levels. The Keren Ora (Nedarim 8b) and Kiryat Melech Rav (on the Rambam ibid.) suggest that it is a Rabbinic law, with the latter explaining that we want the noder to be self-conscious, to discourage making this a common practice. Rav Auerbach (Minchat Shlomo, Nedarim ibid.) suggests that it is to enable effective discussion of the grounds for the hn.
Classical poskim suggest exceptions. The Rama (YD 228:16, based on the Yerushalmi) says that the hn can be done through an interpreter, but the Shach (228:29) and Taz (228:21) say that this is only because the noder is present. More significantly, the Taz (228:20) cites the Rashba who says that even those who disqualify an agent allow thenoder to submit his request to beit din in writing. The idea is that the request must be transmitted without using intermediaries, but it works even without formalistic interaction between the noder and the beit din. The Taz also cites the Rivash (370), who disallows writing. (The Rivash’s proof is from the midrash about Yiftach’s haughty refusal to go to Pinchas to undo his oath, which seems to indicate that a letter would not have sufficed.) The Taz does not take a clear stand on hn by letter, and the Pitchei Teshuva (228: 9; see also Kol Nidrei 19:3) allows it in a case of significant need.
Bemare Habazak - Rabbis Questions (657)
Rabbi Daniel Mann
163 - Indirect Fire Damage
164 - Hatarat Nedarim by Skype
165 - Washing Hands with Soap on Yom Kippur
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A Skype discussion is no worse than a written request for hn. After all, one’s written word does not have a special status in this context (proof of this claim is beyond our present scope). Rather, the important thing is to convey the requester’s message effectively without another person’s intervention. In some ways, Skype is preferable. It allows for give and take between the parties and creates a personal connection that could provide a measure of self-consciousness (see above). In the latter, it might even be a slight improvement over telephone. Audio/video’s greater improvement is in regard to cases (arguably, gittin)in which authentication is crucial, as it is easier to impersonate a voice than a voice and appearance.
In conclusion, when necessary, one can rely on hn by phone (see Shevet Hakehati IV:239) and by Skype. We note briefly that HN before Rosh Hashana may require less halachic precision, and therefore leniency is fully acceptable.
P'ninat Mishpat P'ninat Mishpat: Realtor’s Fee on Large Commercial Building – part I
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
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Shoftim TESHUVA IN COURT OF LAW?
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Why does parshat Shoftim always come out during Elul? This innovative and central explanation is an eye-opener regarding many aspects of Judaism.
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The month of Elul serves as a vital time for self-reflection and personal accountability to prepare for true repentance.
P'ninat Mishpat P'ninat Mishpat: Realtor’s Fee on Large Commercial Building – part I
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
Chemdat Yamim Moreshet Shaul: The Goal of an Agricultural Yeshiva – part I
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Chemdat Yamim The Goal of an Agricultural Yeshiva – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Re'e NEVER EXTREME EXCEPT ISRAEL
Parshat Re'eh
Judaism is against extremism, so how can we understand the seemingly extreme statements found in our sages in favor of living in the Land of Israel and against living in Chutz laAretz? The article deals with the seeming contradiction between the strength of Free-Will and the strength of being influenced by our surroundings.
Ekev DANCE FOR ISRAEL- FOR YOUR BENEFIT
Parshat Eikev
Description: The 7 Haftarot we read after Tisha B'Av ("Shiva D'Nichemta") surely get us excited that they're coming TRUE, and awaken us to yearn, dance & join the return to Zion! The short article also deals with the problems and solutions facing the American Jewish community as discussed at a recent panel, as well as the question why Jews come from America to Israel to help when we face problems, but Israelis don't come to aid Jews in America when they face anti-Semitism.
P'ninat Mishpat P'ninat Mishpat: Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
Chemdat Yamim Moreshet Shaul: Twin Foundations
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 690
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 690
