On Erev Rosh Hashana we do 2 things - hatara for the past and a moda'ah for the future. These are bedieved - a real neder should be dealt with properly. However, the poskim have said that the moda'ah can be relied on lechatchila for nedarim machmas minhag, as they are not explicit nedarim. I am unclear if this kula is said only regarding the moda'ah, or even for the hatara as well. For example, a ba'al teshuva who never said the moda'ah, and started to keep minhagim tovim, is the hatara of erev rosh hashana good for him, even without lefaret haneder?
I was shown Avnei Nezer Yoreh Deah 297, from where it would seem to be fine, but is that psak contraversial? (although the case here is probably more kal than his case).
Thanks.
Y Cohen, England
Dear Rabbi Cohen,
The Derech ha'Chayim, in his Siddur, brings the Psak of the Shibolei ha'Leket that Hataras Nedarim of Erev Rosh Hashanah works only for Nedarim that one has forgotten. However, in the Kuntres Shalmei Neder (Sefer Halichos Shlomo, Mo'adim), which is based on the writings of Rav Shlomo Zalman Auerbach zt"l, it says that the Nusach of Hataras Nedarim in Siddurim has a clause that seemingly obviates the need for Pirut ha'Neder. The Sho'el states that he is asking for Hatarah only for Nedarim that can be Mutarim. The Rosh says that the Chachamim required Pirut ha'Neder to make sure that the Sho'el is not trying to Matir a Neder that has no Hatarah. It would follow, then, that there is no reason to be Mefaret the Neder. The Teshuvah of the Avnei Nezer that you quote begins with this Sevara, but then quotes the Psak of the Derech ha'Chayim.
Regarding a Ba'al Teshuvah who never said the Moda'a and started to keep Minhagim Tovim, the Minhag would be binding mi'Ta'am Neder only if the Ba'al Teshuvah was aware that that the Minhag was not something he was required to do at all and did it anyway (Shulchan Aruch YD 214:1) (see also Igros Moshe YD 4:4, regarding the Din of Chalav Yisrael). It is also worth mentioning the Shitah of Rav Moshe Feinstein (Igros Moshe YD 1:127) that the requirement for Hataras Nedarim for a Minhag Tov that was kept three times applies only to a Minhag b'Shev v'Al Ta'aseh but not to a Minhag b'Kum v'Aseh. However, in the Kuntres Shalmei Neder, they discuss this point and bring the opinion of Rav Shmuel Eiger who argues and says that it makes no difference.
Kol Tuv,
Yonasan Sigler
This is not a Psak Halachah