Question: Should you say the words “dayanim mumchin” in hataras nedarim on Erev Rosh Hashanah?
Short Answer: Some omit the word “mumchin,” as we no longer allow a yachid mumchah” to perform hataras nedarim by himself.
Explanation:
I. The Expert
The Gemara (Nedarim 8b) states that a yachid mumchah may undo an excommunication. Tosafos cites the Rif who holds that mumchah by hataras nedarim (similar to excommunication) refers to s’muchin, as the posuk states “roshei hamatos” by nedarim. The Ran disagrees. Mumchin here simply means a chacham who is knowledgeable in the laws of nedarim. Shulchan Aruch (Y”D 228:1) appears to poskin like the Ran, that if someone has charatah on his neder and wants to undo the neder, he should go to a chacham who is a mumchah and “gameer v’saveer.” He does not mention s’muchin.
Shulchan Aruch adds that if there is no such chacham, he should go to three “hedyotos” who are “gameerie v’saveerei.” The Shach (2) explains that these three simply need to be able to understand basic laws of hataras nedarim if taught to them. This is different from a regular din torah where at least one of the dayanim need to be knowledgeable in halachah, as hataras nedarim does not require a beis din (as it can be done at night and with relatives). The Shach does note that the Drisha disagrees and requires at least one of the judges to be knowledgeable.
II. Nowadays
The Shulchan Aruch (ibid) writes that nowadays there is no such yachid mumchah. Hence, we go to three hedyotos to undo the neder. Both the Shach (4) and Taz (3) are clear that nowadays, the hatarah does not work even b’dieved with a yachid mumchah.
Why are there no mumchin nowadays? The Beis Yosef (Y"D 228:1) explains that according to the opinion (above) that requires s’muchin, the explanation is clear, as we no longer have s’muchin. But even according to the requirement that we just needed “gameer v’saveer,” this person must be as great as R’ Nachman (see Bechoros 36b), which unfortunately no longer exists.
III. Judging Hataras Nedarim
On erev Rosh Hashanah, we recite hataras nedarim. Must the judges be mumchin? Based on the above, according to Shulchan Aruch, even three hedyotos are sufficient, as long as they are “gameer v’saveer.” The sefer Kol Nidrei (79:7) similarly makes this assumption, and cites the Ketzeh HaMateh who writes that one should not choose a complete ignoramus to be one of his judges. Kol Nidrei also cites some acharonim who would teach basic laws of hataras nedarim to the judges before beginning, so that they are “gameer v’saveer.”
On the other hand, the Even Yisroel (8:62) received an inquiry from an individual who was embarrassed that even Yeshiva Bochurim do not know the basic laws of “pesach” for nedarim, and yet we use them as judges. Even Yisroel responded that, as an initial matter, most yeshiva bochurim nowadays know meseches nedarim and the laws of pesach for nedarim. Also, only one judge needs to hear the facts leading to the pesach, implying that the laws of pesachim need not be known by all judges. However, the implication of the Even Yisroel is that the judges should have some basic knowledge of hilchos nedarim, perhaps more knowledge than the Kol Nidre/Ketzeh HaMateh (above) implied.
IV. The Proper Nusach
The Kol Nidrei (80:5, n.9) cites the Shlah who has the nusach of “shimu na robasay dayanim mumchin.” However, he cites the Aderes and R’ Tukachinsky (Luach E”Y) who omit the word “mumchin.” The Kol Nidrei suggests that this omission makes sense in light of the fact that a yachid mumchah (by himself) can no longer serve as a judge for hataras nedarim. This author would add that it especially makes sense in light of the fact that even three hedyotos who know very little (even about hataras nedarim) may serve as judges.
Nevertheless, Kol Nidrei cites R’ Shlomo Kluger who held that it is appropriate to recite dayanim mumchin nowadays, as "mumchin” is merely honorific, similar to using the term “Rebbi” in a get. It is still a kosher get, as the title is merely derech kavod. The sefer Acharei Ro’ee (1:6) suggests that mumchin is appropriate because they BECOME mumchin by participating in this amazing chiddush of the torah of undoing a neder.
Practically, the Orchos Rabbeinu (Vol. 2, p.212) recounts how the Steipler would sometimes recite “mumchin” and sometimes not. Kol Nidrei notes that R’ Y.S. Elyashuv would omit "mumchin,” but the Brisker Rov and R’ S.Z. Auerbach would recite the word “mumchin” as printed in siddurim.
Rabbi Ephraim Glatt, Esq. is the Associate Rabbi at the Young Israel of Kew Gardens Hills, and he is a Partner at McGrail & Bensinger LLP, specializing in commercial litigation. Questions? Comments? Email This email address is being protected from spambots. You need JavaScript enabled to view it..
