Responsa for Nedarim 42:6
ההוא דאתא לקמיה דרבה בר רב הונא אמר ליה אילו היו עשרה בני אדם שיפייסוך באותה שעה מי נדרת אמר ליה לא והתירו
A man once came before R. Huna [for absolution]. He asked him: 'Are you still of the same mind?' and he replied 'No!' Thereupon he absolved him. A man once came before Rabbah son of R. Huna, who asked him: 'Had ten men been present to appease you just then, would you have vowed?' On his replying 'No!' he absolved him. It was taught: R. Judah said: We ask him, 'Are you still of the same mind?' If he answers, No!' he is absolved. R. Ishmael son of R. Jose said on his father's authority: We say to him: 'Had ten men been present to appease you just then, would you have vowed?' If he replies in the negative, absolution is granted.
Teshuvot Maharam
Q. Certain Jews received permission from their overlord to imprison and torture their fellow Jews in order to extort money from them. They threw a few Jews into prison and, by threatening to kill them, made them bind themselves by a herem to pay a certain amount of money to their captors. Must the captives fulfil their promise after they are released?
A. No, the herem is not binding upon them since they accepted it under pressure, and since they probably thought that the threats of murder would not be carried out, that the overlord would probably not agree to murder, and that the captors themselves would be afraid to commit murder, a sin punishable by God and man. However, in order to be doubly certain, and for the sake of appearances, the captors should be asked to free the others from the herem; and knowing that the herem is not binding anyway, the captors should not hesitate to do so. But, if the captors refuse to free the captives of the herem, the latter are free from obligation anyway, and need not even seek absolution by a scholar.
SOURCES: Pr. 595, 938; Mord. Gitt. 395; Tesh. Maim. to Haflaah, 7; Agudah Sheb. 14. Cf. Weil, Responsa 53; Isserlein, Pesakim 73; ibid. 252.
A. No, the herem is not binding upon them since they accepted it under pressure, and since they probably thought that the threats of murder would not be carried out, that the overlord would probably not agree to murder, and that the captors themselves would be afraid to commit murder, a sin punishable by God and man. However, in order to be doubly certain, and for the sake of appearances, the captors should be asked to free the others from the herem; and knowing that the herem is not binding anyway, the captors should not hesitate to do so. But, if the captors refuse to free the captives of the herem, the latter are free from obligation anyway, and need not even seek absolution by a scholar.
SOURCES: Pr. 595, 938; Mord. Gitt. 395; Tesh. Maim. to Haflaah, 7; Agudah Sheb. 14. Cf. Weil, Responsa 53; Isserlein, Pesakim 73; ibid. 252.
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