Agency for Vows, Hekdesh, and Korbanos — Whether Verbal Acts Are Delegable

From: Rabbi Moshe Sofer

To: Rabbi Simcha Bunim Ginz (Eiger)

Description

The Chasam Sofer resolves the tension between the Ramban, Ran, and Bach — who hold agency cannot apply to vows and hekdesh — and the Gemara in Nedarim 36a, by distinguishing between initiating a new verbal obligation (not delegable) and executing a preexisting obligation through a physical act (delegable). He further argues that a mumar, unlike a gentile, retains the capacity to serve as an agent because he can repent at any moment.

Source: Shu"t Chasam Sofer YD §321

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