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Yoreh De’ah 234:12-20. Vows: When Can a Father or Husband Annul a Vow, After Death, Divorce, or a Second Marriage · SHULCHAN ARUCH YOMI: Own the Halacha in 25 minutes a day!

• 0:00
  OK, good morning. We are continuing Hilvos
• 0:02
  Nadarian portion about doing hafara.
• 0:05
  OK, Raesh la medalid, you'd bet Kansa.
• 0:11
  So here's the case of nesuing, right?
• 0:14
  They got married, right? There's a ball, there's a
• 0:17
  husband and a father. Let's see what the case is He
• 0:20
  and so now after being engaged after Erisi, now there's
• 0:25
  nesuing. Oh, or it could be a case of
• 0:29
  Shamasra Aloha of or Shluka vagnisa and or it's when the
• 0:37
  father basically gives over his daughter to the husband to get
• 0:42
  married. Let's say they go under the the
• 0:45
  Khopa. All right, so then Umate and
• 0:50
  then the husband dies the ODA Nara while she's still she's
• 0:56
  still not 12 1/2 years old, right, She's younger than 12 1/2
• 1:01
  Aina Kozeret lyriciut ha of so then she never goes back to the
• 1:07
  father. In other words, right, the
• 1:09
  father has rights to be to do how Farah we learned up until
• 1:13
  the age of 12 1/2. But if there's a husband
• 1:20
  involved, so then if it's erosine, then they share the
• 1:26
  then they they they have to share the duty of doing Hafarah.
• 1:29
  If that's right, if that's what they want to do once he once she
• 1:34
  gets married or even enters the Khoppa, right, he brings the
• 1:38
  father, brings her to the Khoppa to the husband.
• 1:40
  So they didn't do they didn't do they married or not, they're in
• 1:46
  trouble. They are engaged.
• 1:47
  They did Aerosin even before Nesuing under the Khoppa from
• 1:53
  that point on gonna it's a little bit of a Suffolk if the
• 1:56
  father's still standing around because is that called giving
• 2:00
  over or not? OK, it's not Lamaissa.
• 2:02
  And so I'm not sure we'll move on from that, that little subtle
• 2:04
  point. But bottom line, once there's
• 2:07
  Nesuing or Massira for Nesuing, right, then no matter what, even
• 2:16
  if he dies, the husband, the father loses jurisdiction
• 2:20
  forever. All right, if if Erosine, then
• 2:26
  she'll go back to the father for this, for this halacha.
• 2:30
  But for this halacha, Hafaro, she never goes.
• 2:33
  He can never have. He loses it permanently.
• 2:38
  OK, that's this halacha. Fine, Next halacha.
• 2:43
  Gilmore Nadra vihi Arusa now she she is she's engaged, right And
• 2:53
  we're talking about again Anara. She's engaged.
• 2:56
  So now she makes an Ed there Vinita Garsha and then she gets
• 3:02
  divorced. The Khazra Vinita Arcela Arus
• 3:06
  Zeh or the Akher or the Akher. So anyways, anytime she gets
• 3:13
  divorced. So again, if it's she gets
• 3:17
  married and is suing right, complete all the way and then
• 3:21
  there's a divorce or he dies as a matter of the husband, she
• 3:25
  will never go back to the husband for this halach of
• 3:27
  Afara, right? There's other Allah for other
• 3:30
  stuff. But when it comes to this is
• 3:33
  done. But if even if the husband
• 3:36
  doesn't die, right, Yeah, I'm saying even if he dies or
• 3:42
  Geruchine, the father is out of the picture.
• 3:44
  Once in a suing took place. If it's only Erosine and then he
• 3:50
  gets divorced. So then he goes, she does go
• 3:55
  back to the father. And then if she gets engaged
• 3:57
  again to the same guy or another guy, then Aviya the Arusa Akron
• 4:03
  Nafirin Allah. So then since so now whoever is
• 4:09
  currently engaged to her, halachically engaged and the
• 4:13
  father together, they do hafarah, right?
• 4:16
  And if she wouldn't get engaged again, so we already learned she
• 4:20
  goes back to the father and while she's well, since she's no
• 4:23
  longer engaged the father and she's not 12 1/2 yet, then the
• 4:28
  father has full jurisdiction. OK, that was that last part was
• 4:32
  Khazara yudalid khansa venadra. OK, so now she gets kansa means
• 4:39
  nesuing. She's fully married and she
• 4:41
  makes a neder Velo shamahabal vigirsha.
• 4:47
  And even if the husband didn't. Sorry, Yeah, even if the husband
• 4:52
  did not hear of the neder and then he gets he divorces her
• 4:57
  viharka irisa and then she gets engaged to somebody else.
• 5:02
  This is interesting. You know, Yahoo Laferroto Neder.
• 5:07
  So then nobody can ever do hafarah on her.
• 5:11
  We're talking about a a young lady who's not 12 1/2 years old,
• 5:15
  She's less than 12 1/2 so and now she gets engaged.
• 5:21
  So while she's engaged, a bottle of halacha engagement can never
• 5:28
  do hafarah by himself. So therefore he always needs an
• 5:35
  arus and never has enough power to do it by himself.
• 5:38
  He always needs the father. But in this case she was already
• 5:43
  had an issuing. So since she was already fully
• 5:46
  married once the father is permanently out of the picture.
• 5:51
  So the father can't join in and, and, and abal of an arus abal
• 5:56
  arus have been engaged, can never have full power.
• 6:00
  So this is a situation where nobody can ever do Hafara again.
• 6:04
  She can still do Ataris Nadarim, but there cannot be done Hafara.
• 6:08
  Then let's just read it inside. So she was Kansa and now she got
• 6:13
  divorced and now she's going to get engaged again.
• 6:16
  And again, she's not 12 1/2. If she's 12 1/2, then she's
• 6:20
  obviously that's not what we're talking about.
• 6:23
  So then Ena Yahoolla farota neder mishum de en aros Mayfair
• 6:27
  ella be shoot for Saab and Arus. This husband can only do it with
• 6:32
  in partnership with the father. OK, the haka and in this case
• 6:37
  cave on Shahab in a Yahoo laha fairly if you should cave on
• 6:40
  shikansa yastami shoot the arus. So then, but the father's
• 6:45
  already out of the picture. He can't join in and do Afara
• 6:47
  because she was already married Nasuing and then he's
• 6:51
  permanently out of the picture and arroz tsunami and a Yahoo
• 6:54
  laffer. And Aris also can never do it
• 6:57
  all by himself by definition. He never has the full power to
• 7:00
  do that. Obviously if it would have been
• 7:03
  after nasuing so then the new husband can do it because Zabal
• 7:07
  can has full jurisdiction. But this case is he did.
• 7:11
  He's still in the engagement period.
• 7:12
  That's why it's not possible. The only only distinction we
• 7:16
  made we made earlier is a a Bal who is fully married can only do
• 7:23
  hafarah on the Darin once she's fully married.
• 7:26
  A fully married man after an ensuing cannot go back and do
• 7:30
  hafarah on things that were done before they were married.
• 7:34
  OK Ted vav mate haf. OK, so now here's a case of the
• 7:41
  father dies. Misha nid Arsa once he got
• 7:44
  engaged. Once she got engaged, right, She
• 7:46
  got engaged, then you then he he passes away in Arus Yahoo.
• 7:52
  The the Arus can physically never do Hafara Afilu right is
• 7:58
  because the Arus doesn't have full power ever.
• 8:01
  He only has power Bishtwas by definition, and there's no
• 8:04
  father here. So Afilu right, we're talking
• 8:07
  about a case when it's only Erosine so far.
• 8:11
  I feel in Shamu Aarosa of Yaha. Now listen to this.
• 8:15
  Even if both of them heard it, like the father didn't die yet,
• 8:18
  they both heard the Neder and the Aros.
• 8:23
  The Hafair haf called him Shamit.
• 8:26
  And on his deathbed, before he passes away, the Father does
• 8:30
  right, he's fully coherent, he does Hafarah right?
• 8:35
  And then he dies, right? He gets in a car accident.
• 8:37
  Whatever happens insha maharas vahafrillah or even if the
• 8:43
  Aarhus also did a full hafarah himself will always be kaav
• 8:49
  lishimoa azhumet. But the father didn't have a
• 8:51
  chance to hear and do hafarah. Still aynharos yakala hafar
• 8:56
  khela kaav. It doesn't matter.
• 8:58
  It's just technically it's a technicality.
• 9:00
  It can't be done because it wasn't done and the Aarhus can
• 9:04
  never do it by himself without the father around to also do it
• 9:07
  with him. Father does it and it dies, but
• 9:11
  then the right, the groom can no longer do it because the
• 9:16
  father's dead. That's correct.
• 9:17
  Even though he did have Farah, even if the father already did
• 9:20
  have Farah, they both have to be alive at the same at the same
• 9:25
  time when both of them. Well, the father has to be alive
• 9:35
  when the Arus does it, if the Arus dies and if the Arus, if
• 9:41
  the Arus does it and then dies, then it goes back to the father.
• 9:46
  So I think we're going to get that in a moment.
• 9:48
  Actually. Let's let's keep reading.
• 9:51
  OK, So it's a it's not it's right, not 100% equal.
• 9:57
  We're about to read it. Ted Zion.
• 9:59
  OK, let's see what you brought up.
• 10:01
  Shama Abiha Farallah the father hears and he does have Farah
• 10:06
  although he speaks Arus lishmoa al shamit.
• 10:10
  Now the Arus doesn't hear about the nether and he then he dies.
• 10:14
  So can the father do it again on his own?
• 10:16
  So ayna AB Yahoollah the AB cannot do the Arus's portion for
• 10:24
  him. However, the dafka shamit
• 10:28
  Akhayom shamiya so that's if the he dies on another day, shumate
• 10:36
  ahaya ashmiya and it is if it happens on 2 separate days, so
• 10:42
  then it's going to be a problem. It's a disconnect, but let's
• 10:44
  keep reading. Hopefully we'll be more clear.
• 10:46
  Aval inmate beyond shmiya if the same day that because you have
• 10:54
  to do hafara the same day that you hear about it.
• 10:58
  So Ava inmate beyond Hashmiya. So then if the the Arus is the
• 11:06
  one who made the when the father hears the maize, he dies when
• 11:13
  the father hears about it. So then it's all in that same
• 11:17
  first day, right? Because everything has to be
• 11:19
  done on the day of Shamiya. So the father hears that day,
• 11:22
  the Arus dies that day. So then khozar Umefar have
• 11:26
  called biyahad, because then everything goes back right
• 11:29
  after, as long as it's during Erosine, when the husband dies,
• 11:34
  everything goes back to the father.
• 11:36
  So now he has to deferral Jewish jurisdiction, but he has to do
• 11:39
  it again right now because what he did before he did it, it was,
• 11:43
  he was still tied to the husband.
• 11:46
  So it didn't work, it wasn't enough.
• 11:47
  So now he has to do it again all over, OK.
• 11:51
  But so that's why it works if it's the same day that he heard
• 11:54
  because he can't do it the next day because then he already
• 11:56
  heard and it's on two different days.
• 11:59
  OK, let's see. Anything else to point out the
• 12:05
  IM Hazra? OK, so here it gets a little
• 12:08
  drop more confusing. We'll try and keep it simple
• 12:11
  here. The IM Hazra when it's Arsabo.
• 12:14
  OK, so now go ahead. OK, so now let's say Alpha Pisha
• 12:24
  meta Arsarisha Akhar Yongshmi Akhoser O maitre IMA Arus
• 12:30
  Hashemi. So what is this saying?
• 12:34
  So then so in this case, so the father hears and he wants to do
• 12:38
  hafara right? But the ball he passes away and
• 12:44
  then she gets engaged to another husband.
• 12:50
  So on the same so everything if everything else happens on the
• 12:53
  same day, it's pretty simple. The father and the new husband
• 12:58
  does hafara from scratch, right? If on one day, the father, the
• 13:04
  first husband, let's say they all hear about it the same day,
• 13:09
  the first, No, I know, right? If it's all the same day and
• 13:17
  they get remarried, then it's really clear that the then as
• 13:22
  long as the first ball didn't do a queum or anything like that,
• 13:26
  the set, the set the first ball, let's say, doesn't hear about
• 13:29
  it. So then when she gets married
• 13:31
  the second time on this first day, So now the husband, this
• 13:36
  new husband, the last husband, we'll see.
• 13:39
  It could be even a few of mea doesn't matter.
• 13:41
  The last husband who's ever currently married with the
• 13:43
  father can do Hafarah right now. That's simple.
• 13:48
  But what's adding over here? So this is a little bit of a,
• 13:53
  we'll say we'll call it a Mahocus or a question among the
• 13:56
  Acronium exactly how to understand this, but over it.
• 14:00
  But anyways, it's more or less clear with the Shulkanar writes
• 14:04
  that as long if there's another husband involved, a second
• 14:10
  husband involved, then the clock restarts.
• 14:15
  In other words, we learned previously that the, the day
• 14:21
  that the for the father or the husband to do Hafarah, it has to
• 14:26
  be the same day you hear about it.
• 14:28
  What if on the first day that they hear about it?
• 14:30
  What if they hear about it on 2 separate days?
• 14:33
  So we learned no good. It has to be done.
• 14:37
  They have to hear about it on the same day.
• 14:39
  So that's, so that's that. So that's how we, that's the
• 14:42
  Shalkanar Paskhans right as we follow.
• 14:44
  But it has to, but we say it has to be done the same.
• 14:48
  They have to hear about it the same day and do it on that day
• 14:50
  that they both hear about it. If the father hears about it on
• 14:53
  Monday and the husband, the husband hears about it on
• 14:56
  Tuesday, it's not going to work. But here they both hear about it
• 15:00
  on Monday. But then he dies.
• 15:03
  The husband. No.
• 15:04
  Yeah, the husband dies and the first husband dies.
• 15:07
  Then he remarries, let's say on the second day, and then he
• 15:11
  hears about it. The second husband hears about
• 15:13
  it on the second day. And since that's the first day
• 15:16
  that they're together, the father and the husband and.
• 15:19
  And well, they're hearing it on their it's a new marriage and
• 15:23
  they're hearing about it. When the second husband hears
• 15:26
  about it, it's the first time that the husband is hearing
• 15:30
  about it when he's connected to the father.
• 15:33
  So it kind of and how to put it kind of restarts the clock a
• 15:36
  little bit. But some are like that, some
• 15:38
  don't like that. But that's the that's the
• 15:41
  understanding. OK, OK, but Yesh culking and
• 15:46
  some argue with this, but zello marshena alcozero Mayfair EMA
• 15:50
  aras Shane that once the once the father does hafara.
• 16:00
  So then even though there's a new husband and the husband kind
• 16:05
  of like takes over for the first husband, so to speak, or it
• 16:08
  falls, takes his place as being the husband of this wife.
• 16:13
  So this is the Mahloka said, the first opinion and the second
• 16:16
  opinion, how, how, how much or how literal or to what extent
• 16:21
  does the second husband take fall in the place or take the
• 16:27
  place of the first husband? In other words, regarding it
• 16:31
  being beyond some, maybe I'm not sure about that.
• 16:36
  It's regarding once the father did in our case on our case,
• 16:42
  again, it depends what the case is the case they were talking
• 16:44
  about, the father did Afara first and then and and then the
• 16:49
  second and then the husband dies, right?
• 16:52
  But since the father already did Hafara, it weakens it.
• 16:57
  It affects the IT affects the whole combination.
• 17:02
  Let's let's put it like that. And so therefore, the one
• 17:07
  opinion holds that this, this hulking holds the second husband
• 17:12
  is not like the first husband. They're a little bit, they're
• 17:14
  different people. So it's not going to work with
• 17:17
  the Hafara that the that the father did it just we'll just
• 17:21
  leave it like that. Depends.
• 17:22
  How much does one assume the position of the first one?
• 17:27
  Yudzayan najra vahi Arusa. So she makes an Ed there and
• 17:33
  she's an Arusa. OK Umeta Arus.
• 17:37
  And then Arus dies bin kodem shimiya bin ahar shimiya, right?
• 17:42
  Whether he hears or doesn't hear the arrows dies.
• 17:47
  So then it should go back to the father, right?
• 17:49
  Vishal Mahav. And now the father hears the
• 17:53
  Khazra benitar Sabo Bayon. And she gets.
• 17:56
  So before she gets engaged the second time, the father has full
• 18:01
  jurisdiction to do hafarah on his own.
• 18:04
  Before he gets the chance to hear and do Hafarah, she gets
• 18:08
  engaged again. That did when when she when the
• 18:11
  father hears the same day that the father hears A fellow come
• 18:15
  up. I mean, doesn't matter how many
• 18:16
  times that she gets divorced, remarried, divorced or died.
• 18:21
  No, no, it could be either one. Let's keep it simple.
• 18:25
  We're going to get to garish it in a minute because there's one
• 18:27
  complication. So we're going to wait or a
• 18:30
  caveat. So even if all these husbands
• 18:36
  are dying and getting married and dying and remarried and
• 18:38
  dying and it doesn't matter, come upon me, the father with
• 18:45
  the last husband or it just means the current husband at the
• 18:48
  time, Mafia Nadaria, it doesn't matter.
• 18:51
  They can always do how far together.
• 18:56
  And if the father doesn't hear about it that day and then she
• 19:00
  gets engaged again to somebody else and then he finds out
• 19:05
  afterwards, even weeks later. So there's no as long as they
• 19:15
  don't hear about it, there's no first day.
• 19:17
  It doesn't matter if as long as they never heard about her Ned
• 19:21
  there and she gets remarried 100 * a year later when the when the
• 19:26
  current husband finds out and the and the father finds out all
• 19:29
  on the same day and they do Afara on the same day and it
• 19:32
  works OK as long as she's still 12 1/2.
• 19:37
  I know I used the example a year later, but she still has to be
• 19:39
  less than 12 1/2 right? She leaves the father.
• 19:42
  OK, your head a little bit more Najravi arousa vashama aviya.
• 19:48
  OK, she made another and she's engaged and Visha and her father
• 19:53
  hears Viloshama Arusa Vinitkarsha Bulbayam of an OK,
• 19:59
  and then the husband doesn't hear about it and they get
• 20:02
  divorced. The Shah just points out we're
• 20:06
  going to hear about this in a moment.
• 20:07
  I'm not sure if we'll get there today, but if the husband hears
• 20:12
  and that's why it says the example of Viloshama to keep it
• 20:15
  simple because if the husband does hear and then does
• 20:18
  Gerushim, so then that we consider that a keel.
• 20:22
  OK, we'll explain that later on. So the case is the husband
• 20:26
  doesn't hear and he does garishim until now it was he
• 20:29
  died. Now we're getting to the case of
• 20:31
  garishim. So and similar applications.
• 20:34
  We'll see. OK, we need Garcia Bobayom, we
• 20:38
  need Arsala Achar Bobayom. And then it was the father heard
• 20:41
  already. So now everything has to happen
• 20:43
  on the same day, right? The clock is ticking, but it's
• 20:46
  that same day. We'll find out more about what
• 20:49
  that means. That same day Bo baiyom with
• 20:51
  Arcel Akhar Bo baiyom Afilu Lemaya even to 100 aviya ubaya
• 20:57
  Akharan the the father and the last are really it means current
• 21:01
  husband at the time when they want to do this, they fear in a
• 21:04
  deraya, then they can be meifer her neder no problem together
• 21:08
  Shinadra bifine aro Sarishan even what she was being no der
• 21:14
  during the first husband's time doesn't matter even before they
• 21:17
  were engaged. OK, because since it's true she
• 21:26
  got whether the case was the husband died or whether the case
• 21:30
  is Giroshin as long as it's giroshin from Erosin.
• 21:35
  She never left her father completely for one second.
• 21:39
  She had dying Haitabir Shihinara good.
• 21:43
  And we're talking about a girl who's 12 1/2 or younger.
• 21:47
  Obviously once she's a bulgaric, she's 12 1/2 or once there's an
• 21:51
  A suing, then it's too late. OK, Yutet Nara Sasha nadra bolo
• 21:55
  shama Avila baila. When it's Garcia, when it's when
• 21:59
  it's arisal de achar. I feel achar Kama yamim.
• 22:03
  So girl who is engaged makes another, the father doesn't hear
• 22:08
  and the husband doesn't hear. Then she gets divorced, right?
• 22:11
  Similar to what we had before with death.
• 22:13
  And then she gets engaged again to other people, even if it
• 22:17
  happens weeks later. Kishi Ishimaha Aaron and then so
• 22:22
  that when they the father and then the current husband hears
• 22:25
  about it and if you're in a direction and Dara befina arro
• 22:29
  sarisham, they can do afara together.
• 22:31
  Even what they what was already was already sworn during the
• 22:36
  first husband Hoyo villosama otam arro Sarisham.
• 22:40
  Since the father and the first husband never heard about it,
• 22:43
  we're just going to do one last one.
• 22:45
  But it's one unit. And then so kaf how the Amreenan
• 22:49
  chakhas der le shoota of Lovato mashinadra takata arus.
• 22:54
  OK, now what we said until now that it goes back to the father,
• 22:58
  that's Lovato Lovato mashinada takata arus shamudafka.
• 23:05
  But we said until now that the father can go back with the
• 23:08
  husband to be Mayfair. That's only kishimay taba al
• 23:12
  Mina erosin. That's only if the father right
• 23:16
  The the the husband dies during the engagement period of all in
• 23:21
  Girshaw Lo, as soon as he hears this is the thing.
• 23:26
  As soon as the the the husband hears about it and then does
• 23:32
  Giroshim, then lo, it's too late.
• 23:35
  You can no longer do how far the two of them can no longer do how
• 23:40
  far anymore, because because that's speak Alani Girishinka
• 23:47
  Kamadami do we call when you heard about it and you know
• 23:50
  about it And Behosa, if you don't say anything, but you give
• 23:53
  a get, we call that Kiyum. It's again, it's a it's a
• 23:56
  Suffolk, but that's that's a wee possible.
• 24:00
  These are Hilka Staraisa Hilka. He heard about it.
• 24:04
  He made she made it rather her net there.
• 24:06
  He divorces her in Aviako la Hafer.
• 24:10
  He, he could, the father could never do it.
• 24:12
  To do a fara Lola vado biloba shootwos IMA Arus, it doesn't
• 24:17
  matter. He can't do it with author, he
• 24:19
  can't. The father can't do it and the
• 24:21
  Arus can no longer do it. And together they can no longer
• 24:24
  do it. But there was already a keel
• 24:26
  again. Sometimes you couldn't do it,
• 24:27
  but right now it's not undone yet.
• 24:29
  I feel Imarisho namilo. Even with the original husband
• 24:32
  who she made the Nether with, there's nothing you can do about
• 24:35
  it. Philo Hezira beyond mashimiya.
• 24:37
  Even if she goes back the same day to the same husband, it's
• 24:43
  too late of of because they already did a kiyum.
• 24:46
  You can't the same day. Once you do a kiyum it's too
• 24:49
  late again unless you do Nisha or Attara of all Imlosha maharos
• 24:53
  but another of a Gershaw Dina commercial Osama who made Lukul
• 24:56
  davar. But if the husband ever hears
• 24:58
  and then they did gershim, it's the same thing as if he dies,
• 25:01
  the same Olaka and the father could do it.