The Gemara in Maseches
Nedarim Daf Samech Hei says that Moshe Rabbeinu swore to Yisroi that he would
stay in Midyan. Hashem told Moshe to go down to Mitzrayim. Hashem also says
Bmidyan which the Gemara darshuns that Moshe was told to go to Midyan to be
Matir Neder. The technical Shaylah is, how could Moshe be Matir Neder if he was
the only Yid, as we know that you need Yiddin to be Matir the Neder?
A woman called Rebbi on a
Erev Shabbos with a shaylah that she was Mafrish Challah, however, it got mixed
back into the dough. The Eitza would be to be Matir Neder on the Hafroshas
Challah. How do you do that, if Shlichus doesn’t work for Hatoras Nedarim. The
Eitza is, in Siman Reish Chaf Cheis in Yoreh Daiya it says that a wife can be
Matir Neder through her husband. This is one of the places that we see that
Ishtoi K’gufoi has a Nafka Mina L’halachah. So Rebbi had her give a piece of
Challah to her husband to bring to shul to be Matir Neder and then she was
Mafrish Challah anew. This just illustrates the problem that Moshe Rabbeinu
faced by not having a Yiddishe Bais Din.
Maybe we can say as follows,
there is a Shayla in the P’nei Yehoshua in Maseches Gittin 35b. Can a person be
Oiver on his Neder with the knowledge that he will be Matir Neder at a later
time. Hatoras Nedarim is Oikar the Neder L’mafrayah. To illustrate this point,
let us say that Rebbi would have told this woman, eat the Challah on Shabbos,
however, leave over a piece. After Shabbos you will be Matir Neder and that
will cause that your eating of the Challah was not being Oiver a Neder. She
would also be Mafrish again after this. The P’nei Yehoshua says this is
acceptable.
Rav Yitzchak Elchonon an
Achroin, disagrees in his Sefer Ein Yitzchok. His reasoning is Chaishinun L’misah
that we don’t know how long he will live and maybe he won’t be Matir Neder
before he dies. Im Kein, Moshe Rabbeinu who knew that he would live, because
Hashem sent him to take out Klal Yisrael, then even the Ein Yitchak might be
Moideh to the P’nei Yehoshua. So maybe Moshe waited until he got to Mitzraim to
be Matir Neder.
Rashi on the Parshah says
Moshe swore that he wouldn’t leave Midyan unless Yisroi would give him Rishus.
So since Yisroi gave Rishus there was no reason for the Hatorah, so it’s a
Stirah to the Gemara?
It could be that Moshe made a
Neder, and anytime a Neder is Al Das someone else you need his Rishus. So it
could be that he got Rishus and went back to Mitzrayim and was Matir Neder.
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