Q&A from the Bais HaVaad Halacha Hotline

Under(age) Oath

May 8, 2025

Q My twelve-year-old son pledged money to tzedakah. Is his pledge binding? If so, is it subject to hataras nedarim?

A In general, a katan (minor) cannot effectuate a chalois (change of halachic status). But with regard to nedarim (vows), the Torah validates the neder of a katan who is samuch le’ish, i.e., close to puberty—a year before bar or bas mitzvah—provided the child understands that a neder is a Divine matter. After bar mitzvah, a neder is binding regardless of understanding (Mishnah, Nidah 45b; Rambam Hil. Nedarim perek 11).

Aacharonim discuss whether a katan is obligated to fulfill his neder while still a minor, or if his obligation only begins afterward. The Chidushei HaGriz (Arachin 17a) is unsure about this, but the Tzafnas Paneiach (on Rambam Arachin 1:15) says the obligation takes effect only after he becomes a bar mitzvah.

In certain respects, a child’s neder is more stringent than an adult’s. On Erev Rosh Hashanah, many people have the minhag to issue a moda’ah (disclaimer) to nullify any nedarim they might make in the future. While this declaration does not necessarily negate all nedarim, it has lenient implications for specific types. But the declaration of a boy below the nedarim age of twelve has no validity, and that of a twelve-year-old will not be effective for nedarim he makes after he becomes a bar mitzvah (Teshuvos Vehanhagos 3:160).

Regarding hataras nedarim (nullification of vows), the Mishneh Lamelech (Nezirus 2:13) questions whether a child’s neder can be nullified, because all aspects of hilchos nedarim may not apply to a child’s neder. The Binyan Tzion (2:65) rules that hatarah does work. The Sheivet Halevi (5:129) agrees with this perspective but expresses some hesitation.