Latest / SHULCHAN ARUCH YOMI: Own the Halacha in 25 minutes a day! / Yoreh De’ah 267:75-79. Slaves: Verbally Freeing, Tevilah Again, Obligation To Fulfill One’s Will, Prohibition or Mitzvah To Free

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Yoreh De’ah 267:75-79. Slaves: Verbally Freeing, Tevilah Again, Obligation To Fulfill One’s Will, Prohibition or Mitzvah To Free · SHULCHAN ARUCH YOMI: Own the Halacha in 25 minutes a day!

• 0:00
  OK, good morning. We are starting Hilko Sabadi
• 0:02
  continuing towards the end. Reish samakh Zain.
• 0:06
  OK, so we are on si EIN. Hey, 75.
• 0:10
  All right, This is certainly one of the longer simanium Ha Omer
• 0:14
  asiti poloni Avi Benhorin. So this person, this master, he
• 0:20
  says I I made my slave free. He's a free man.
• 0:25
  Woohoo Omar Osani and the Evid, when you ask him himself he goes
• 0:30
  what are you talking about? He didn't free me Koshishim.
• 0:34
  So we're afraid perhaps Shema Zihalo Ayudi Akhra.
• 0:40
  So perhaps the Evid doesn't know about it.
• 0:43
  But behind his back the owner did free him.
• 0:46
  He could. There's no way to to prove if
• 0:49
  the Evid knows about it or not. And the one who freed him is
• 0:54
  telling him he did. But therefore we're we have to
• 0:57
  assume with caution. Perhaps so here the Mahogas
• 1:02
  Mashak he points out Mahogas Duran says he is.
• 1:07
  We treat him like a Israel Gummer because the more because
• 1:11
  the his owner. We we trust him ETF and eman
• 1:14
  who's suing. And so he's higher.
• 1:16
  So now the evidence is higher than mitzvos like a man.
• 1:20
  However, we don't let him marry unless he has a get shihwa Tosos
• 1:26
  and the rush say no, you don't even need a get shekhar.
• 1:30
  The da qashim havi havi Kamal vadais 100% and you don't even
• 1:37
  need now that which we don't need a get shekhar.
• 1:40
  But you still need we still need to know that he was tobel in
• 1:46
  order to become in order to to marry.
• 1:50
  It's not enough to have a get shekhar, he also has to Tobel.
• 1:53
  A shame Aguirre Sissel in order to be a fool Yissel if he wants
• 1:58
  to to get married to a a Jewess. OK, but minor details there.
• 2:04
  Let's continue to the main point Aval IM Ammar Kattafti get
• 2:08
  Sheikhur, but let's say he says I wrote hey, get Sheikhur when I
• 2:13
  talk to you about and I gave it to him.
• 2:15
  So the first case was he perhaps gave it to somebody else and
• 2:21
  every wouldn't know about it. But if in his admission or
• 2:25
  acknowledgement he's telling you I gave it to him and that's how
• 2:29
  he became free with Omer. Look at Tavolo Notan and then
• 2:35
  the evident himself says what are you talking about?
• 2:38
  You never wrote or gave me anything.
• 2:41
  So Hadas Bal didn't give me a hate him.
• 2:43
  So that is when a person is talking about himself, he stands
• 2:48
  not as an adekhat Namanvi surin like the first guy.
• 2:52
  This guy is the Evid himself since now he's involved in the
• 2:56
  story, right? He said he gave it to his hand.
• 2:59
  So he is like 180 that's his power.
• 3:02
  So therefore Hareza Evid. So now the evid stays as an Evid
• 3:06
  100% because it's like one against 100.
• 3:08
  So the the master doesn't doesn't stand a chance.
• 3:11
  So Hagah now if they both take back, they take back on what
• 3:16
  they said the IM Hazar Rabo, the Almer Alonetati.
• 3:20
  But now let's say the master changes his mind.
• 3:22
  He's actually I never gave it to him.
• 3:23
  The lawyer Khala Evan locks of now that Evan can't now change
• 3:27
  his mind and says he gave it to me.
• 3:29
  You can't trust him anymore, or at least not the news story Beem
• 3:33
  Raghu Omidiburo. However, if the master not
• 3:36
  necessarily that we believe him, but if he's going to keep on
• 3:39
  screaming no, no, no, he's insistent.
• 3:41
  He's saying no I I freedom. So then Kofino tell the Cote
• 3:47
  vlog get Scheffler. So now, since he's announcing
• 3:51
  him to be a free man. Well, now, right, You have to
• 3:56
  take care of the person and you can't leave him in this funny
• 3:59
  situation and he must write him a get Shikhar, right?
• 4:03
  He's basically saying he's a free man.
• 4:05
  So he now he just needs to come up with, we forced him to come
• 4:08
  up with the get Shikhar so the Avid can continue and move on
• 4:12
  with his life. Let's go to ayin vah Amar la
• 4:18
  ahar zaheba get Shikhar ZE la ABI.
• 4:21
  So now the master new case, the master writes a get Shikhar.
• 4:25
  He owns the avid. There's no question he has his
• 4:28
  get Shikhar that he writes up and he instead of giving it to
• 4:31
  the Evan in his hand, he's giving it to 1 of you and he
• 4:34
  says here you take it and acquire it for him and yatza Las
• 4:40
  heirut. So then he automatically goes
• 4:42
  free right then and there. Alpha P Shaloh, right, right
• 4:45
  then and there. At that moment when you give it
• 4:47
  to this person, he Zolka for him, right.
• 4:49
  We say Zakim Adam Shalogafanov, right, That's a Mahoga straight
• 4:54
  and Giton, if it's a hover, is a hust for the evit.
• 4:57
  Some evit. They like this nurse.
• 4:58
  They like to be free, but we overall we pass gonna.
• 5:02
  It's a hust for him and therefore it's it's it's it's
• 5:06
  called it's a binding alpha Bishuluy Gieli other evit, even
• 5:09
  if the evit never receives his who star shook horn in his hand,
• 5:14
  he's free. So even if the master dies right
• 5:16
  now, he's still a free man and doesn't need to get from the
• 5:21
  ocean. But if he says here, take this
• 5:26
  and you're my basically, you're my Shalia, you're my my delivery
• 5:31
  service. You're going to go bring it to
• 5:32
  him and then you're like an extension of my hand really.
• 5:36
  And then when it gets to him, then it's going to be called so
• 5:39
  Aniako Lakserbo. So number one, you're not
• 5:41
  allowed to change in your mind anymore.
• 5:42
  Once you you establish someone as being free right on the way,
• 5:47
  then you can't go back anymore. But veloyetsa ha avid lahirud
• 5:54
  acehiya haget liado. But he can't.
• 5:58
  But he's not actually free, at least not his body.
• 6:01
  Maybe on maybe we did Mamun not sure, but certainly he saw his
• 6:07
  his body, his goof. He certainly the Evid still
• 6:10
  belongs to the master because he never got that get shukhwan so
• 6:14
  velietsa evid lachiwa get liago until he reaches his hand that
• 6:18
  the delivery service was only a delivery service and they didn't
• 6:21
  receive it for him so therefore he's is not free yet so the.
• 6:26
  Class explains this is totally in the sugiya of 10 is free.
• 6:31
  So that's a that's a question they.
• 6:33
  Can't be close there, but it's not like he didn't say it's OK.
• 6:36
  So it's done, yeah. Correct one second Lafika I Omar
• 6:45
  Tinu Gedzella Abdif. A person says give it to my
• 6:48
  slave Loyi Tanula Akar Mita. So therefore the delivery
• 6:52
  service can't give it after the master dies it's too late and
• 6:56
  the Yoshima are going to have to give it to him.
• 6:59
  The Yaesh Omrin the IM Nathan. I get Liada Shulia for the Al
• 7:03
  Martin. Well, Abdi get Zeh some there's
• 7:08
  time to see it. Some could be shown him some
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  hold that when you do say give it to my to my slave, it's
• 7:16
  you're not considered. It's not considered a delivery
• 7:18
  service. We assume Khaveki ilu amarlo
• 7:22
  Zahelo. It's as if he told him, and this
• 7:26
  is what's his intention that he acquire it for him.
• 7:29
  He used the Lushano give it to him, but he meant to say acquire
• 7:33
  it for him. And so that's a mahogas rishoni.
• 7:38
  I would assume either way, like Akhila, we would make him get a
• 7:42
  gechikwa from the ocean, but if he dies, he'll need to get the
• 7:47
  kitchen. But that's the mahogas.
• 7:49
  Exactly the opposite. But.
• 7:57
  Yeah, yeah. I'll just point out we'll
• 8:02
  discuss after it's it's the opposite, but we'll we'll talk
• 8:06
  when the you know, you wanted to quote the the Taz also points
• 8:10
  out when it comes to giving a gift, we all agree that when a
• 8:15
  person says 10, it's not Kazakh. He doesn't have the power of a
• 8:19
  choir. It's just has it means you're
• 8:21
  going to give it to him in the future through the Shalia.
• 8:24
  But when it comes to you know, the reason why it's a Maklok is
• 8:28
  here and also everyone agrees there by Omatana by a gift here
• 8:32
  we say it's a Mahlokis regarding avid because question is also do
• 8:38
  we look at it like a Shin would Hagoo like a person owes money a
• 8:41
  person that we assume this is the reasoning.
• 8:44
  One of the reasons for the the second of the a showroom is
• 8:47
  because we assume why is he freeing him?
• 8:50
  Because he owes him a favor and the reason he feels indebted to
• 8:54
  the slave, he, he did so much for him.
• 8:57
  Maybe he saved, saved him or whatever it is, he just did him
• 9:00
  a lot of good work and he wants to let him go free.
• 9:02
  He feels indebted. So how does he get rid of that
• 9:05
  in debt? That debt that he feels is he
• 9:07
  lets him go free. And we know that if a person,
• 9:11
  you don't give a gift when you say 10, it's a verbal gift.
• 9:15
  There's no acquisition, there's no nicer, there's no physical
• 9:18
  action that makes it acquired. But when a person owes money,
• 9:22
  you can just tell him to his face, I forgive your loan and
• 9:25
  then it gets forgiven. So anyway, that's some more
• 9:27
  question. How you how do we look at it?
• 9:28
  Hey, Rachel sama Zain ayen Zain mishit siba Bishop mitato paloni
• 9:33
  shikhati al isht Abduba. A person looks like he's going
• 9:39
  to he's on his deathbed and he tells the people in the room,
• 9:41
  listen, I'm commanding that my my shift call over here.
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  So and so her name my favorite Shivka, whatever it is all of
• 9:51
  them doesn't doesn't matter. He makes it's Ava that when I
• 9:55
  let I want her to go. You're not allowed a worker,
• 9:57
  you're not allowed a worker. So then you're actually the
• 10:02
  Yoshim were not allowed to. I used to have to do by Yoshim
• 10:04
  Harezo Shivka Kumosha haita so halakhali.
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  She didn't go free. He didn't free her.
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  He just said don't work her right Kumosha haita.
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  So she's the same Shivka right, her guf she's still in in the
• 10:18
  Shivka right a slave. But asur le Yorshim le Stabenba.
• 10:24
  It's absolutely user for the Yorshim to to to make her work
• 10:28
  right because that was his right.
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  A person has to listen to his, to that sava whenever it's
• 10:37
  regarding his money and it's his affairs.
• 10:40
  When it applies to him, let's say his burial, let's say
• 10:43
  anything that applies to him directly and his money, one is
• 10:46
  obligated to listen to. Exactly what is it, Mr.
• 10:50
  Darabonto? Mr. Darisa?
• 10:52
  Certainly there's a Kiyom Darisa, but right of makayam.
• 10:57
  So we're about to say that there's a gomara and giten here.
• 11:00
  I'll just point that out right now and we're going to see a bit
• 11:02
  more. There's a mitzvah and giten,
• 11:05
  right giten gomara and daf yudalid and mem where it says
• 11:11
  mitzvah lakayam divreha Mace. Even if it's not your parents,
• 11:16
  there's a mitzvah to listen to what he tells you to do.
• 11:18
  And so the question is, what's the heel on that one?
• 11:22
  Gomara does not give a reason, the Kumar says by Srivmara.
• 11:25
  Srivmara says such and such is is I want to go to somebody,
• 11:29
  it's binding, it's a takana MI durabanan mishu magma snefesh,
• 11:33
  Shamati tarafdar tell a person is in his agma snefesh and it
• 11:38
  might cause him to die earlier and that's his, that's what he
• 11:41
  wants and it's just too difficult.
• 11:42
  So that Khazal made a takana durabanan.
• 11:48
  Is it Hefker days in Hefker or whatever it is?
• 11:51
  I'm not exactly sure, but Sir, but it's it's Akana Darabana.
• 11:54
  That's that's works Miami slush and we have Takana Tashuk
• 11:58
  because it's what's going to be it's going to work for the
• 12:01
  people. But when it come for business.
• 12:05
  But when it comes to this that they don't they don't explain
• 12:07
  exactly what's the KOA. So what is it?
• 12:10
  So I heard a couple different, I read a couple different options
• 12:13
  of what the KOA is. It might be a Dindar Isa and I
• 12:18
  supported mushem the Ramban that it's either Medina Makayan
• 12:22
  Makhasid. Someone mentioned to me it's in
• 12:27
  Ravashawai. Sinakhasashi quotes someone
• 12:31
  quoting the the Ramban and I didn't see it inside so I can't
• 12:34
  say for sure. But based on the puzzle, could
• 12:36
  be ASU banavlo kin ashurt sivam. It seems more of an asmatta, but
• 12:43
  that's from the sons of Bene Israel Vayukhi, A gracious nun
• 12:47
  yabbis, where it's the sons listen to their fathers.
• 12:51
  You see this concept at least in in in the Torah.
• 12:54
  But it could be a kiyum Akiba daba.
• 12:57
  Aim for sure if it's apparent. But anyways, how much of A
• 13:04
  technical kiyu vernaat? That's a question on the Dinder
• 13:07
  Isa level, but he also says meetsad Sadiq vah masah
• 13:12
  masahatara. That's what the Torah really
• 13:14
  wants from you. It's obvious.
• 13:15
  That's what I'll show wise, right?
• 13:20
  It would it would be it would be classic cubit of it.
• 13:23
  And if it's apparent, but even if it's not apparent, it's
• 13:27
  there's still still an Indian. OK, anyways, there's certainly a
• 13:36
  kiyum at least on a level of mitzvah Durabanan.
• 13:39
  I mean, I think there I think Pashta should say we'll just say
• 13:43
  when it's Gomorrah says you have to listen, it's a certainly at
• 13:47
  least a mitzvah Durabanan with a kiyum of the araisa.
• 13:51
  But let's let's go back to right, correct, Correct.
• 14:01
  OK, the EM ahmar Asulah Korat Ruach.
• 14:04
  And if the father tells the people in the room or his
• 14:08
  children, Asulah Koratura kofin ET ayorshin the EN Mishtami by
• 14:15
  Ella Bimlaka Shahi wrote Sava. So if he says listen, make sure
• 14:21
  she's happy, she's comfortable. I'm I'm acquiring, I'm asking
• 14:24
  you only work her on things that she's interested in doing.
• 14:28
  So one has to listen to her and you have to ask her, is this
• 14:30
  something that you're willing to do?
• 14:32
  And then she goes, I'm not, I don't, I don't know.
• 14:33
  I don't, I don't do dishes, I don't do ironing.
• 14:36
  Whatever she comes up with. Well, she can't then you can't
• 14:39
  ask her to do that. And some of the risheline the
• 14:43
  Shah points out and it's mentioned in the by the Rama and
• 14:46
  Kosher Mishpat. And even if she says, you know
• 14:49
  what, I'm not going to have any Yeshua vadas unless you free me.
• 14:54
  There's no such thing as karat Ruach.
• 14:56
  I'm not, there's no karat Ruach with me.
• 14:58
  I'm not at ease unless you make me free.
• 15:01
  So they hold you have to free her.
• 15:03
  OK, so that's a mock log as we've shown him.
• 15:06
  But anyway, so that's that's the shock point.
• 15:08
  So Haga, we're going to talk about the Olam Bam Tabodo in a
• 15:16
  moment. Let's just let's try and get
• 15:18
  read through this a little bit. And the are not allowed, right?
• 15:26
  If he tells you you can't work her or if he tells you only to
• 15:30
  the level of Karat Ruach, the stuff that she's happy to do so
• 15:34
  willing to do so then you can't sell her because then if you
• 15:38
  sell her, the buyers might do whatever they want with her
• 15:42
  right. Technically they can work her
• 15:43
  very hard. Bane sha Amar, it's.
• 15:46
  Sell that level. Of yeah, you can't sell that.
• 15:49
  It's not enforceable. Bane sha Almar al Ishtabdu by
• 15:55
  yourself. Bane sha Almar Yasuva Qaratruwa
• 15:57
  right In either case, you can't sell her to someone else.
• 16:00
  We aimed Siva and if he commands the Almar and she says I want
• 16:07
  you to free her, he's not in a state of mind as as the Shreve
• 16:11
  Mera. You can easily free her Mithin
• 16:13
  Maman, but not the Guf you still need.
• 16:16
  All right, That's all. It's Shreve Mera.
• 16:18
  That's all it did there, Aban. I mean, it's my focus in the
• 16:21
  kumara there is there abandoned. We I think we all assume it's
• 16:23
  there abandoned the chakraer OTA.
• 16:28
  So the Allah is we force the basin, the Yoshim.
• 16:31
  They must free her Ayin and I'll get to Ola Bahamantavoto in a
• 16:35
  moment. Ayin Shreve mehra shikata kol
• 16:40
  nahasa le Aldo and right This is the case when personnel on on
• 16:44
  his deathbed. You don't really know Shreve
• 16:46
  Mehra is a Shreve Mehra until after he doesn't get up or does
• 16:49
  get up right. Shreve Mehra basically is 1
• 16:52
  who's in bed, he's on his deathbed and he's not going to
• 16:55
  get up again and he doesn't even if he walks around, he's still a
• 16:58
  Shiv Mera. Even if he goes home, but he's
• 17:00
  still deathly ill until he's healthy, he's no.
• 17:04
  So anyways, in that time period, he can make things binding
• 17:08
  without having to written down the contest of plumbing and but
• 17:12
  you don't always know if he's going to get better or not get
• 17:14
  better. So it's you find out what I'm
• 17:16
  afraid of whatever Shiv Mera Shikata called Nafasa Ahmed
• 17:20
  kozar Binafasa the Ahmad and he gets up healthy.
• 17:25
  So he's no longer a shave Mira so hozer binafasim.
• 17:28
  So we say le mafreya, everything that he gave away, all of his
• 17:32
  verbal transactions are null and void and it all goes back to
• 17:36
  him. So he owns her again.
• 17:37
  But the the ain't no Hozer the evid.
• 17:41
  But once you pronounce an evid free, you can't go back anymore.
• 17:46
  Shaharay Kovar Yatza Allah of shame, Ben Khorin, because you
• 17:51
  already pronounced him as a Ben Khorin.
• 17:53
  Everybody on the street thinks now he's free.
• 17:55
  It'll make a big mess and you have to give 100% because he's
• 18:01
  not free otherwise. So but he has to.
• 18:05
  OK, let's read. I am Ted and then we we will
• 18:09
  talk briefly about Olam Behem Talboto, a person who freeze his
• 18:15
  slave Olver beyasse de la olan behen TA al godu, right?
• 18:20
  It's a pasa ka natara bahyukra Cafe mbag.
• 18:22
  You're not allowed to. It's a it's an ase.
• 18:26
  It's a you have to continually make your slave work as a stay
• 18:32
  as a slave. It's usser to freedom.
• 18:35
  It's not a lutasse, it's an ase. Mutal is Shakaro the devar
• 18:40
  mitzvah, but it's mutter to free them for a dovar mitzvah afilohi
• 18:45
  medivrayan, even if it's for a mitzvah darabana.
• 18:48
  But Lucas big mitzvah, small mitzvah.
• 18:51
  See, it's alright, mitzvah darabana.
• 18:53
  But anyways, right now let's just read inside.
• 18:56
  He says for a mitzvah Kegon shalora, you are sarab the Vita
• 18:59
  Knesset. The classic example we have from
• 19:03
  Sacobracos is you need them for the minion in the in the show,
• 19:07
  but that's called a mitzvah or mitzvah the tsibor and therefore
• 19:11
  you need them for the minion. So you you're allowed to free
• 19:14
  him for that purpose. Hareze MI shaklier abdo so
• 19:18
  you're allowed to free him. You're right on the get shakur
• 19:23
  umashlin Bo minion asara and now he counts for the minion and any
• 19:30
  similar mitzvah hefker. And if a person has a shivka and
• 19:40
  she's being used for his nuts, people are taking advantage of
• 19:43
  her and there's no coughing at Rava.
• 19:48
  So then we force the the master of Misha Khara and he has to
• 19:52
  free her 'cause we can't have this situation, right?
• 19:57
  Misha Khara Kadesh Tina save the So now she'll be able to marry
• 20:02
  and she'll be with one husband. And one person and should be
• 20:05
  able to live in a proper fashion.
• 20:07
  And we will remove this mixel from her from the from the tea
• 20:10
  board. Maybe we'll do it one more.
• 20:13
  I just want to point out the Olam Bhimta Vodu.
• 20:16
  So it's an interesting. It's a macho between the ran and
• 20:19
  the and Tosos. When is it allowed?
• 20:24
  The ran says if you're doing it for the sake of the avid, just a
• 20:29
  avid or a Shivka for their sake, to make them go free.
• 20:33
  So that's the isir ASI. But if you're doing it for your
• 20:36
  own personal benefit, anytime it's for your benefit, then
• 20:40
  there's no isir ASI. If you feel indebted to the
• 20:43
  person and it makes you feel good to get her to let him her
• 20:47
  free, then there's no isir. But if you're doing it for them,
• 20:51
  then it's asir. If you're doing it so that you
• 20:53
  can do a mitzvah, then it's a mother, hence for a minion.
• 20:57
  You're doing it for your sake and it's smutter in a way.
• 21:01
  There is serving at that point it has to be for you.
• 21:06
  When it comes to the toast, foe says no.
• 21:09
  The only reason only even if it's you're benefiting is so
• 21:13
  asur. That's the isur asur.
• 21:14
  You have to make him a slave. The only time it's smutter is
• 21:19
  right. We know we normally we don't say
• 21:20
  in Ase Dolce Ase we say, we do say in Asse's dokhe lotase, but
• 21:26
  we don't say in asse dokhe assay.
• 21:28
  So the run is pretty more is more consistent toast versus
• 21:30
  way. It depends.
• 21:32
  If it's for a, it depends. As long as you the it's a
• 21:36
  greater assay is dokhe a lighter assay and the Ola Amitz, another
• 21:42
  Ola Mam Taoboto is of the lightest of assays.
• 21:46
  So therefore, you all you need is even a mitzvah Darabana, any
• 21:50
  assay, I don't know any assay. Most assays they will certainly
• 21:56
  be on a higher level. And so therefore, whenever
• 21:58
  there's a mitzvah involved against question, does it have
• 22:00
  to be mitzvahed Aravi or just any assay?
• 22:04
  But many assays are going to be on a higher level, you know,
• 22:09
  Spila, whatever it is. And so therefore, because one
• 22:13
  might ask, why does the Yoshim have to listen to the parents to
• 22:16
  free him right. If a father tells you to do an
• 22:20
  Avera right, like Lola Mantavo do to free a slave, you're going
• 22:24
  to listen to a parent to do an avera.
• 22:26
  So that is the issue is it's not an avera either because now
• 22:31
  you're listening to your parents and that's a mitzvah for you, or
• 22:35
  you're benefiting from it, or the father made it in a
• 22:39
  situation where you're no longer allowed to serve.
• 22:42
  The person is no longer allowed to serve like a shivmera or
• 22:46
  whatever it is. You made it on a level where it
• 22:49
  can't be. The slave can't be served where
• 22:51
  you're not. You can't have a situation where
• 22:52
  a slave can't be served. Or has this shame been horing?
• 22:56
  And so whatever the point is, once we have the cases in Einzai
• 23:01
  and Einhet, there's no longer an isser of not freeing them.