Sunday, November 11, 2007

Living in Eretz Yisroel and not Eating Meat or Drinking Wine

If a woman living outside of Eretz Yisroel pronounced a vow that she will go and live in Eretz Yisroel; at the time of her vow, it was not dangerous to live there, but later, there was a fear of war. Is the husband allowed to annul her vow?

Perhaps this question would be dependent on whether there is a mitzvah nowadays to live in Eretz Yisroel. Rabbeinu Chaim Kohen and Tosfos (110b) maintain that there is no mitzvah. The Ramban and other Rishonim disagree and hold that there is a mitzvah.

The Chidah in Birkei Yosef discusses if this is regarded as a vow that involves personal affliction or not.

Another inquiry: If a wife pronounces a vow against eating meat and drinking wine, but she does so on advice from her doctors that it is not healthy for her; can the husband annul such a vow?

Reb Yitzchak Zilberstein says that the husband may annul such a vow, because even though the doctors say that consumption of meat and wine are unhealthy, that is only if he indulges in them, but eating a little meat and drinking a little wine will not cause her harm, and on the contrary, it would have some health benefits; therefore, the husband may annul such a vow. If the doctors state unequivocally that any amount of meat or wine will be harmful for her, then, the husband will not be allowed to annul such a vow.

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