In his opening comment to Maseches Nedarim, the ROSH introduces the concept of Shevuah in the same breath as he mentions Korban and Hekdesh when describing Hatfasah.
How does Shevuah enter into the discussion of Hatfasah when we are discussing Nedarim?
Mordechai Rosenthal, Toronto, CANADA
The Rosh is not discussing a person who is making a Shevu'ah, but rather a person who is making a Neder. The Rosh asserts that a Neder must be made through Hatfasah. This Hatfasah can be done by comparing the object of the Neder to either Hekdesh, Korban or Shevu'ah.
Regarding whether Hatfasah works when making a Shevu'ah, we find in Shevuos 20a that according to Abaye it works, and according to Rava - Rashi says it does not take effect but Tosfos says it does. Those who hold that Hatfasah works for a Shevu'ah may conversely say that one can create a Neder through Hatfasah on a Shevuah (since a Shevuah is a Davar ha'Nadur, not Asur - see Nedarim 14a).
Best wishes,
Mordecai Kornfeld
Dear Rabbi Kornfeld:
Thank you very much for taking the time to respond and provide clarification.
My only observation to your note would be that, according to what has been explained in the Rosh, it is possible to for a person to be Matfis to a Shevuah in the text of a Neder, i.e., invoke "Shevuah" as the Davar Ha-Nodur as one might invoke either a "Korban" or "Hekdesh" as the Dava Ha-Nodur. In effect, according to the Rosh, there would appear to be a mixed modality, i.e., the utterance of a Neder while invoking a "Shevuah" through Hatfasah to satisfy the requirement that Hatfasah must be done when making a Neder.
May HaShem grant you the strength to continue this Avodas Ha-Kodesh.
Sincerely,
Mordechai Rosenthal