Latest / SHULCHAN ARUCH YOMI: Own the Halacha in 25 minutes a day! / Yoreh De’ah 232:7-11. Vows: Mistaken Vows On False Assumptions

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Yoreh De’ah 232:7-11. Vows: Mistaken Vows On False Assumptions · SHULCHAN ARUCH YOMI: Own the Halacha in 25 minutes a day!

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  The similar application that's slightly different see one made
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  in Shiva not to do something that's normal.
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  So this is the under the category of a nitrate apples if
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  I violate so it was a mistake. I didn't quite mean so that's
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  Shiva my apples but that's mutters so that would be the
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  Shiva that's called Imra Amira. He only made that Shiva, but he
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  thought doing that you have a feel of that.
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  It's horrible or whatever your garden just Noah and you have
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  small and then you see some people coming to eat your foods.
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  I think different you would, but that's a similar and you're
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  quite upset where that would also be and you don't know where
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  they are under Nidre struggles and you've shot the blood.
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  But anyways, you don't know who they are, the Amar Harry, ahem,
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  alaikum ke Korban. So he says you guys are those
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  people. Whatever he's he's making a
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  neder that all of those people are ussered to him.
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  They can't get benefits from him, just like a Corbin, OK
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  Shakara Valehem. And as you start walking closer
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  and seeing who they actually are, guess who you catch?
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  Rah Shahim Aviv or Achiv and it turns out to be your father or
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  your brother, Shaloya Rotsella Osram.
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  You never had in mind to ask them on to you or to prohibit
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  them, them from using his stuff, his fruit or whatever he owns.
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  So then Eno Neder. So the whole Neder is nothing.
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  It's null and void from the gecko.
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  It's not a Neder, it's one of these Neder.
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  Chicago's OK, afalpi Shiloh piresh Kevan shedavar mukhiya.
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  Now, even if you didn't specify at the time, that's what we said
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  already. But it's obvious we know that
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  you would never want to answer your father and your brother.
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  So then now this is where it gets more interesting.
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  And what happens if you find other people there?
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  In other words, it was a group of, I don't know, seven people
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  stop any number, and one of them was your father and one of them
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  was your brother or just one of them, whatever it is.
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  So whatever the case is, but one of these people who you wouldn't
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  have included was among them, Kevan Debatal, Haneda Ezel Aviv.
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  So since the Neda that you stated right, included your
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  brother or father and they're included.
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  So since it's bucktail by them, so the nether is not called nor
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  on your brother nor on anyone else because they're all part of
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  the same. Now, they're all included.
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  Now just to point out, we all know that some, some of us are
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  more better relationship with our brothers, our family
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  members. Unfortunately, sometimes we
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  don't always speak to each other.
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  So whatever the case might be anyways, I guess Askarov
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  Lamaisa, but it's if it applies to that brother, but I do
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  certainly believe so It might not, might certainly would I
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  believe to a very close friend because it's, it's the, it's the
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  Umdanas, the Umdanada Mukak that we know you would never have
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  included them, right. So then the Taz brings an
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  interesting case which can happen.
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  So that's why I want to mention it.
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  He learns from here. Let's say you make another and
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  you have in mind regarding fasting.
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  So you make another to fast that you wanna.
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  You make another to fast on a particular day.
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  And you thought that the day you want to make the fast was on a
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  Monday or a Thursday 'cause that's when you wanted to fast.
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  And it turns out that the fact that the day that you chose
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  happened to be, let's say, a Wednesday, like you said, this
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  day you're going to fast or tomorrow, I'm going to fast.
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  And you really thought it was referring to the tomorrow at the
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  time was Thursday, but it turned out it was Wednesday.
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  So you realize that you made it a total mistake.
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  So then I believe you're right. It's it's also considered a
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  Chicago and it's not it's not right.
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  It says ain't sorry, Khetta, you don't need a head to OK, because
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  you don't have to do a tire as a diamond.
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  It was a it was a mistake. But he points out, so he does
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  point out that you have to say it the Ferush.
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  If it's a it depends on if if the distinction is something
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  that is that everybody else would agree would make the same
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  assumption that it was not. It was a complete that was a
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  complete mistake. If it's something that's not not
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  everybody would agree was a mistake.
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  So then you would have to specify why you made the nether.
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  You made it because you wanted it to be on a Thursday when
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  other people are fasting or it's reminds you of whatever,
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  whatever the case is. If it's a case when it's
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  something that's more obvious to everybody, you don't have to
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  specify why you made the connection.
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  No, but we just said that's based on the mission according
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  to base. Hello.
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  And there's a Mahlokis in the Gemara.
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  If that's across always across the board, no matter what you're
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  have Amina was with your brother or father or regardless what the
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  wording is. Allow me to explain.
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  See if khet Ahmed varia mamorim. When do we say that if right was
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  we have the principle of batal or hutar part of it?
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  This is actually what we before we learned Hutar miktasa, hutar
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  kulo. So here it's batal miktasa,
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  batal kulo. It's pretty much the same.
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  But the question is how far do you take it?
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  According to the halacha, we're asking like raba that we go.
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  There has to be a change in the wording.
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  If you really are your mommy, you're uphold the same wording
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  with the little kenicha. Little difference you a little
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  change. That's not enough.
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  In order to uproot a Neder le Gomre, it has to be where you
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  have complete karate on the whole Neder or you you, you do a
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  major change in the wording. So let's read it inside and
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  you'll see. So that's Keshifli Keshiklif ET
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  dvarov, shamar tehila. So in other words, the only time
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  we say where batal miksaso, batal kulo and everybody else
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  that was included is off the hook.
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  There's no or there's no, there's no nether at all for
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  anyone. That's if when you originally
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  made the nether, that's tehila. Tehila is or we're going to see
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  the words bishat isser. That means when you initially
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  say the words of the nether, when you say the nether, if you
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  say originally kuchem asurim, all of you are asur to me,
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  right? Everyone who there is stealing
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  from his fruit tree, Ulabasov. And then afterwards when he
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  finds out that, Oh my gosh, that's my brother.
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  So then Amar eloiti Odesha ABBA binet Hamaiti Omar ploni uploni
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  asurim the ABBA mutter, if when he sees his father, then you, if
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  he tells us, then if I, if I, when I see my when I realize I
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  was my father and I can't believe what I just said, I
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  would have worded it differently.
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  I would have used the words, excuse me, I would have used the
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  words that missed you know, you and you, these two people or
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  whatever it is is or you or you give their names if you just see
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  them. So then you say these people are
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  Asar and my father is Mutter. In other words, I'm making a
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  letter of getting Hana from these two people.
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  But and my father it's mutter doing so you're changing the
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  Lushan completely. Originally you said the word
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  kulkhan and and then now you're saying you don't use the word
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  kulkhan at all. You say ploni ploni asar Abu
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  mutter. Oh, when you're far away and you
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  can't say their names, you can't say plony, plony.
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  You don't know who they are, you don't know their names.
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  You just say this guy and this guy is usur to me.
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  If you would have made the original nether like that, and
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  then now when you want to like, explain yourself and say, I
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  can't believe what I said, that's not what I meant.
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  I would have said he switches his wording.
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  Lomar iluaita udea SH ABBA baneja maiti Omer kulchama surim
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  khutzmi ABBA. And then I would have said all
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  of you are ASR to me except for my father.
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  So you're changing the expression from a surim zelaza
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  to kulchama surim khutzmi ABBA. Completely different words.
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  Well, now, yeah. Now you're telling us you would
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  have worded it completely different at the time, correct?
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  So since you're uprooting and changing all the wording, then
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  we say it's it's but Telegomery, right?
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  And the Shah points out, Kolshikane, if you would have
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  just said I have a Taras, I have Karata on the entire Ned there
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  and the whole thing disappears, that also is fun, right?
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  You're allowed to have Karata on the entire Ned there.
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  And that's that works 100%. But that's not what you said
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  over here. You said I'm upholding my Ned
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  there. I want to use I I still want to
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  make that Ned there, but you qualify the wording.
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  So when do we say that that the everyone else is included and
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  there's no Ned there at all but Mikasa Batal Kulo?
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  That's if you change the wording because then you're basically
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  having Karata on your entire Ned there.
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  The wording and you would have worded it and made a whole
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  different Ned there. However can the Rabba's makil
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  but we hold like raba Ava in vishate Esser you originally
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  said Omer Kuka Masurian. You use the words of Kuka
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  Masurian, the gambhishate Khazar and also afterwards when you
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  want to take back what you said and reword it Omer Haiti.
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  Omer I would have said Kuka Masurian.
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  It's the same but he would have added the words hutzme ABBA.
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  So since you're adding, you're only adding the words.
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  You're not uprooting the whole neder.
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  So you don't say bata mikasa, bata al kulo because you are
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  upholding Mikasa or the really the main part of the majority of
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  the neder. OSHA, Omar, Bischat, isser or
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  the other alternate. You know, other example of not
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  changing the wording in a significant way is if you
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  originally said Yeheya suryam laza ulaza ubishat Hazara Omer
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  Haiti Omer plonio plonia suryam, then now you would have you
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  would have said plonium plonis Astra.
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  That's the same as saying lazer ulaze and my father is mutter to
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  me. So since you're using a similar
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  wording, obviously you're changing your father's part
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  portion, but you're using similar wordings.
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  Shalohi lash on another. You didn't change the whole
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  lash. One of the nether being shot
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  Israeli shot Hazara from before and afterwards Lohu threw right
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  the whole Naf Kamina. This whole this whole safe is
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  the Naf Kamina is going on or the other people also had their
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  who drew as well. They also mature Mammala, right?
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  Just adding hutsome is not enough.
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  It has to change the entire election.
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  Or like I said, you could have had just had just simple just do
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  a tire on the whole nether. But once you're not doing that,
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  you have to do it correctly. It makes it a little more
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  complicated by by just trying to reword your your, your, your
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  nether. And then we got to see if it's
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  right, how much of a difference it is.
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  OK, yeah, let's go to TET Amar A yayin alai korban bupaneshia.
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  So here we have this is kind of, if you listen back to what I was
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  trying to say about the taz. So this is what for where we see
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  an example. If a person makes a korban and
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  he says, in other words, it makes yayin usher to him like a
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  korban, right? It makes another on the wine
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  because and he says because it's bad for my stomach.
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  I'm ruleau. And they tell him, Hare
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  hamayushan yafila mine, old wine is actually good for your
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  stomach or your intestines, whatever it is.
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  Amar eloiti udea eloiti, you know that.
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  And then he says, well, if I would have known, I would not
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  have made such an edit. Afilu Amar iluaiti udea Haiti
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  omera khadash assar vahiyashan afilu Amar.
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  No, if even if he says Haiti, if if I would have known what
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  you're telling me now that it matters if it's old wine aged or
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  not Haiti Omer and I would have said just only I would have only
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  just said Hakalash is aser and the Yashan is mutter.
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  So then mutter the Yashan so that Yashan and it is mutter for
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  him to have aged wine Uber Uber Uber Kadash and also the new
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  one, because this is this is considered he changed the the
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  whole lashan Ava. Here's when he doesn't change
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  the lashan IM Ammar ILO aitio de aitio Mer.
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  If I would have, if you wouldn't now.
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  So now he says after the fact, oh, why didn't you tell me
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  beforehand? If I would have known I would
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  have said call Hagenod Assurian. All wine is assert to me, which
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  is kind of what he said before. He said Hagen Allye Corbin and
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  now he's saying call Hagenod Assurian Ally who's Mina
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  Miyushan. He just wants to add the aged 1
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  Hareza Muterbumiyushan. So then we see he had a nether
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  shkaga. So it's we allow him without
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  doing Atarasundarian to eat, to drink the aged wine Bilva only,
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  but not the the but the new one. It's still us or like you
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  originally said, because he would have to completely change
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  the lusha and not use a similar lusha.
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  That's the Kumran. I mean, it's Meikaradin
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  according to to the Halakhataraba.
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  OK, but henko, I would say laissez and any other examples
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  that you want to give like this que yud nishba shaloya Seka
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  person makes a neder shivu or whatever it is in Paneshaya
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  savour shuhu isergago because he thought to do this.
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  Well, it's a huge avera. So I'm going to motivate myself
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  to again, we're not calling this a motivational because it's he
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  means it seriously. But if shock even points out you
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  have to see the case, it might be could be a motivational, but
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  we're talking about in a case where it's not a motivational
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  Nader or he specifies that it's this is I'm taking this
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  literally. Whatever the case is, if a
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  person makes a Nader, like normally zeros is really for
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  somebody else. You're trying to get someone
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  else to do something. But it really depends.
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  It depends. It could be for yourself as
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  well. So anyways, aneesh Bashaloya
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  Sakamesha who Savershu iser gaggle.
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  He thought it's a terrible avera, one of the worst we have
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  Kharkov no de losche anvil iser kokov.
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  OK, it's not such a big iser. It's a mochaikis, it's a little
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  menhag. It's a it's a humra.
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  It's whatever he wants to call. He starts.
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  And we do know that there are different levels of usurium.
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  I mean not every Avera is the same and not and some things
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  have greater ramifications than others.
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  Something that's not is that Mushfaqura Moshe is when someone
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  is nishba not to do the avera. So normally correct, if one is
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  makes a shivua to be Makayama mitzvah or to violate the
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  mitzvah in general, we apply mushfaava Omid miharsini and a
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  shivua is not going to be khal to violate or even if in
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  accordance to the halacha, you can't, you're not going to add a
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  shuwa to what's even if it's the same as like a shuwa not to
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  steal or not to murder, it wouldn't be called.
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  So the reading is he made a shuwa not to do this thing that
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  he thought was aser. And it turns out it's actually
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  mutter that it's it's completely mutter, maybe not best practice,
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  but it's it's mutter. So then it's still not going to
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  be Khal because he thought it, he made the Shiva only because
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  he thought it was usser. A similar spin off application,
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  but slightly different is if one made a shivua not to do
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  something that's normally mutter.
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  I'm not going to I'm making a shivua not to eat apples.
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  If I violate this avera, this esser.
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  So that's shivu of not eating apples.
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  Well, that's mutter. So that would be a shivua.
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  That's Khal, but he only made that shvua because he thought
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  doing that isser was really a bad, horrible avera.
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  It was just no avera or a small avera.
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  So then he wouldn't have made that shivua.
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  So it's I think different than see if you would, but that's a
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  similar application or that would also be betaot and
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  therefore under Nidre Chicago's and that shvua wouldn't be call
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  at all. In general, we don't say shvua
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  al shvua or on an isser. Same thing with the neder in
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  general. There are exceptions, but what's
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  important to realize when we say it's not khal, it still is a
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  real bona fide neder and a shivuah.
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  And if you want to cancel it, you still need to do a taareus
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  nadarian. It's just not khal on you right
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  now that if you violate it. It's a love.
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  In other words, if you do a shivu on top of a shuva, we
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  learned and you cancel the first one, now the second one takes
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  its place, it falls down and it's it is khal.
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  So anyways, we are kharkov nodala Shaheen Bo ESR khokha.
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  It's not such a big esser. So then lo khal has shivua khal
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  and the shivua is not khal at all.
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  Kihta, because the whole thing was a mistake.
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  You only were going to make this shivua because you think you
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  thought it was so big. It was such a big avera.
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  Fine, that's that's your olive Misha amala Calvaro shahsar
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  klalo tobipshara shalo. OK, So what happens?
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  His friend comes over to him and says, you know, there is this
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  class action suit or not, whatever the case is, there is a
• 18:24
  two guys involved and the the judge or the ruler, the dictator
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  said you're one of them who's responsible to pay, right?
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  There was a whole settlement and you're involved and you have to
• 18:34
  pay something. Vaidehkov This is just any
• 18:37
  random example. Vaidehkov niche Valatet Lokovkov
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  So then you made a Shibuya that you're going to pay X amount.
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  You know, just, I guess your friend is nervous.
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  For example, are you going to actually pay?
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  You say don't worry, you can sleep at night.
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  I'm going to make sure I'm making a Shibuya next week.
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  I'm going to pay and take care of all the problems, whatever it
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  is. I'll pay your portion.
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  I'll pay my portion, whatever it is.
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  He makes a Shibuya I was because the guy told him that he's high
• 19:06
  of money that well that was a mistake.
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  Viglaya milda shahsar pataral is it?
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  So then it comes out he finds out the truth that he is not
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  higher to pay. So then A in Mamashvil to
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  Shibuwa K when she tell so that Shivuwa is a not a Shivuwa
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  whatsoever because the whole Shivuwa was on completely false
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  premises and he never would have made a Shivuwa otherwise.