Question: May the Selichos prayer be recited at night before going to sleep or must it be recited only upon awakening in the morning?

Discussion: Ideally, Selichos should be said at the end of the night[1], since that is an eis ratzon, a “time of appeasement.” But it is permitted to recite Selichos anytime from midnight on[2]. Before midnight it is prohibited to recite Selichos[3]. Under extenuating circumstances—if one cannot recite Selichos at any other time—Selichos (without nefilas apayim[4] ) may be recited once a third of the night has passed. But this leniency should not be relied upon on a regular basis[5].

Question: Must Birchos ha-shachar be recited before Selichos ?

Discussion: Birchos ha-Torah should be recited before Selichos[6]. The other blessings need not be recited before Selichos, but may be recited then even though it is before alos ha-shachar[7]. [If Al netilas yadayim is recited before Selichos—as recommended by some[8] poskim—one should be sure not to repeat it after Selichos from force of habit.]

Question: Are women obligated to recite Selichos?

Discussion: Since the recitation of Selichos—even for men—is not an obligation but an ancient custom which has been practiced for many centuries, we are not obligated to do more than what custom dictates. Customarily, women did not go to Shul to recite Selichos. If they wish to do so, however, women may go to Shul to recite Selichos, or they may recite Selichos at home. But the following rules apply when reciting Selichos without a minyan (for both men and women): 1) When reciting E-l melech, some poskim hold that the words Zechor lanu ha-yom bris shelosh esrei are omitted[9]. 2) The 13 midos are omitted[10]. 3) Machei u’masei (recited towards the end of the Selichos) and any other segment which is in Aramaic is omitted[11].

When reciting Selichos with a minyan, an individual who falls behind may still recite the Aramaic segments until the final Kaddish after Selichos is recited[12].

Erev Rosh Hashanah

Question: Is a person who was accustomed to fast on erev Rosh Hashanah obligated to continue fasting year in year out even if he is no longer as robust as he once was[13]?

Discussion: The Shulchan Aruch writes that it has become customary to fast (until chatzos[14] ) on erev Rosh Hashanah.[15] Many men[16], especially during their younger years, adopt this custom but find it difficult to maintain as they get older. The process for giving up fasting on erev Rosh Hashanah depends on how the custom was adopted originally. There are three possible cases:

• If the custom was accepted initially as a lifelong commitment, one must annul his vow in front of beis din.
• If the custom was accepted initially on a year-by-year basis, no hataras nedarim (annulment of vows) is required.
• If the custom was accepted initially without specifying the length of the commitment, then one follows the general principle that any proper custom which was accepted without a beli neder stipulation automatically becomes a neder and may not be dropped without hataras nedarim.

Note that this halachic problem is not unique to the custom of fasting on erev Rosh Hashanah. Any proper custom, once accepted and followed, may not be dropped without undergoing hataras nedarim. People who adopt even “simple” customs which they are not really obligated to practice, like reciting Tehilim daily or studying the daf yomi[17] without making the beli neder stipulation, require hataras nedarim should they decide to discontinue their practice.

[An exception to this rule is when one undertakes a practice which he thinks is obligatory, but later finds out that it is not. In that case, he may drop his practice without hataras nedarim[18]. For instance, a person who ate chalav Yisrael butter only because he thought it was absolutely required, but later found out that this is not the case, may discontinue his practice without being matir neder.]

A possible solution to the problem of discontinuing a custom may be found in the concluding declaration that is recited after the hataras nedarim ceremony that takes place every year on erev Rosh Hashanah. The declaration states that “I cancel from this time onward all vows and oaths that I will accept upon myself… and that all of them are totally null and void, without effect and without validity.” Several poskim rule that this declaration covers any proper custom that was undertaken without a beli neder[19].

Question: Can anyone be a member of the court for the purpose of annulment of vows (hataras nedarim)?

Discussion: Any adult[20] male can be a member of the court, even if he is related to the other members or to the petitioner[21].

Three judges suffice for hataras nedarim. Some poskim prefer ten[22] or eleven[23] judges, but it has become customary to have only three.

Question: Must women officially annul their vows on erev Rosh Hashanah?

Discussion: Hataras nedarim on erev Rosh Hashanah[24], even for men, is a custom, not an obligation. It was never customary for women to annul their vows on erev Rosh Hashanah, and there is no compelling reason to begin such a custom now[25].

Many men are accustomed to include their wife’s vows at the time that they annul their own[26]. L’chatchilah, a wife should appoint her husband to be her emissary for annulling her vows[27]. If, however, she forgot to do so, her husband may annul her vows for her without being expressly appointed as her emissary, as long as he is absolutely certain sure that she wants him to annul her vows for her.

A married woman who has a specific vow that she must annul (and does not wish to appoint her husband as her emissary) should do so in front of a court of three judges. Although her father and brother [or any other relative] may be members of that court, her husband may not[28].

A daughter cannot appoint her father [or anyone else] to petition the court on her behalf[29].

For the annulment to be valid, the petitioner and the members of the court must understand exactly what is being said. A person who does not understand the published Hebrew text should annul his vows in his native language[30].

Minors, even a boy over the age of twelve and a girl over eleven, need not perform hataras nedarim[31].

1. O.C. 581:1 and Mishnah Berurah.

Weekly-Halacha, Text Copyright © 2011 by Rabbi Neustadt, Dr. Jeffrey Gross and Torah.org.

Rabbi Neustadt is the Yoshev Rosh of the Vaad Harabbonim of Detroit and the Av Beis Din of the Beis Din Tzedek of Detroit. He could be reached at [email protected]