Latest / SHULCHAN ARUCH YOMI: Own the Halacha in 25 minutes a day! / Yoreh De’ah 234:55-62. Vows: Annulling, If Personal Suffering or Uncomfortable, or Affects the Husband or Father
Transcript
- 0:01OK, good morning. We are Eljos Nadarian Resh Lamid
- 0:05Dalid. Nun.
- 0:09Hey, just turn the recording. We're on day eight of the
- 0:12Mahama. We should continue seeing
- 0:15tremendous miracles out of self. OK, Nun.
- 0:20Hey, Elu Nadarian Shahabal, Meifer.
- 0:24Nadarian Shesh now, right now we're talking about the husband
- 0:28doing Hafaris Nadarim. We will get to the father later.
- 0:33OK, So regarding the husband, he's only able to do Hafar
- 0:39Nadarim on Nadarim that have Inui nephesh, there's an element
- 0:45of her personal suffering. Now Inui nephesh, it could be
- 0:50big or small. It doesn't matter if it's for a
- 0:52short term, long term, right? Even one day we're going to see,
- 0:57but there has to be an an element of personal suffering.
- 1:01Oh, or well, I don't have it doesn't I don't have the words.
- 1:05Oh, but it is. That's what it means.
- 1:07Oh, Devarian Shabeno la vena or anything that is affects the
- 1:14husband. It affects the two of them
- 1:15together. OK, now we're going to read the
- 1:20numerous cases going forward in the chalk Anarath about this.
- 1:23Just FYI, the there is a mahlokas tenayam amarayam
- 1:28Vishoni on certain various issues that are discussed,
- 1:32what's considered inui nefesh and what's considered benola
- 1:36vena. But let's basically we're going
- 1:38to see the Masukana in the Shahana, OK, right.
- 1:43Not everything is so clear which way it falls, but OK, one second
- 1:49version of Elish and nadaiam shesh behem inui nefesh isha
- 1:53matiri inla mutarez bahen la Ola.
- 1:57OK, So there is a difference though.
- 1:59There's enough kamina if it's there's an Eno E nefesh or if
- 2:04it's an item that's another, that's benola vena.
- 2:07OK, that makes a difference. And if it's neither, then the
- 2:11husband has no jurisdiction. Ataras nadarian.
- 2:15And we'll see about the father shortly.
- 2:18OK, now, so the one of the difference is if it's inoi
- 2:22nefesh. So then it applies once he does
- 2:27hafara, it applies for him, it applies for others, it applies
- 2:30forever. OK, well divine shabinola vina
- 2:34in atara El atsum. But if it's an item that only
- 2:39effects, it's an item between the two of them, right between
- 2:42the relationship. So then the halafa is the hafara
- 2:46only works enough for him because it's Benola Bena.
- 2:50So it only works. We're going to see an example.
- 2:53It only works for him. Kozman sheesh Lobo to Ellet.
- 2:58Whenever there he benefits from it.
- 3:01As soon as he stops benefiting from it, then it's no longer.
- 3:06Then the nether becomes hooligan and it becomes applicable again.
- 3:10And she's obligated to keep it to Heinen Kozman, Shahid Taktav,
- 3:14for example, as long as they remain married, or even a bit
- 3:18more, or even if they get divorced, It's still the hafara,
- 3:25still works. And she doesn't have to keep the
- 3:27Nether because there's still a potential connection between the
- 3:31two of them. They can still remarry Cole,
- 3:34right? Cole.
- 3:35She can still return to him, but as soon as she gets married to
- 3:42somebody else. So then the master Gruchasso is
- 3:46aser you. He can no longer remarry her.
- 3:49And then it's about Akashitinase Khalha Neder, Gamladide.
- 3:56So then then that Neder is khal again, another right?
- 4:00The Hafar disappears or is no longer binding.
- 4:03The Hafar doesn't work. The Neder comes back in place.
- 4:06There was never a Hatara MI ikaro la Mafreya going backwards
- 4:12in time. There was only a severing as
- 4:14long as they're together or it's applicable to the two of them.
- 4:17And then it could even be binding on him later on.
- 4:20Like if the Nether had something to do with benefiting from him.
- 4:24So when you did the Hafara, it's us, then she could benefit from
- 4:28him. But then once she remarries,
- 4:31then this is it's no, she's no longer able to benefit from him,
- 4:35OK. Or vice versa, whatever the
- 4:37nether was OK when the Darin Shane behem Eno Ena.
- 4:46Like we said, if it's neither, then the husband can not do
- 4:51Hafaras and Darin the husband cannot do hafarah on any letter
- 4:55that he feels like it has to be has to fall into one of these
- 4:59two categories. OK, nunvaf ABBA al NASA shalia
- 5:05lihisha El Al nidre ishto. Now here we take here we're
- 5:10talking about the husband doing Hataras Nidarian.
- 5:13This is not Hafarah. He wants to do Hataras Nidarian
- 5:17for his wife. Can he do that?
- 5:19So he's allowed to In other words, even without, I believe,
- 5:24even without discussing with her because Ishtoke Gufo.
- 5:29So actually without even discussing it with her husband,
- 5:32she I believe she he can go as a Shalia to a basin of three
- 5:37people and do Hattaras Nadarim for her.
- 5:42OK, certainly if she if she wants it, OK, I'm not positive,
- 5:50but OK, let's go on. But the idea is he's able to be
- 5:53a Shalia because Shalukho can also because for her only for
- 5:57her. Normally Ishaliyah does not work
- 5:59but for her it works because Ishtoka Gufa Ubilvach and
- 6:04Matsash Lucia Makubaksim. Now a technicality is he can
- 6:08only do this attarasandarian for her if it's he finds three
- 6:15people ready to go of all who LO you kept saying he finds three
- 6:19people together. They just have to tell three
- 6:21people let's do it. Taras Nadarian and it's for my
- 6:24wife and This is why because you have to say what it's for and
- 6:27then they can do it. But he cannot go around one
- 6:31person at a time and start the gathering 3 people.
- 6:34Because when you start walking around and looking for people
- 6:38one at a time, then she might then she might not want it.
- 6:44Then we say, 'cause she's going to be, she's going to be
- 6:50embarrassed that people find out about it.
- 6:52So therefore, obviously you can't do, I don't think you can
- 6:55do it if she doesn't want the question, is this right?
- 6:58Do you have to ask her ahead of time or not?
- 7:00But if you know she's not going to want it to be done, then
- 7:02you're not allowed to do it. OK, right.
- 7:06This is a case of Atar santarian, not Hafar.
- 7:09Fine, fine, Let's go on to an enzyme.
- 7:13Eina baal midstarif IM shnaim lahater nidre Ishto Bilashan
- 7:19hatara. Now can let's say the wife wants
- 7:22to do a Tara sadarium. So she needs three guys, right?
- 7:253A basin. Can her husband be on that
- 7:29basin? So because Ishto Kagufo, he's
- 7:32not able to, but a father could be on the basin to do a taras
- 7:42nadarium for his daughter. OK, 'cause there's no
- 7:46Ishtokagufo by a father. So Karl is not a soul, but it's
- 7:53Karl is is there's no soul of a Karl over here.
- 7:56It's not proper based in the Vegas.
- 8:00The same person can't be on residents.
- 8:01So Ishtokagufo, that's what you're saying, right?
- 8:04The father is not Ishtokagufo. The husband is OK, nunhat yesh
- 8:11omrin. OK, there's there are some who
- 8:15say Shagama of Eno Mayfair Nadarim Abraham Inui nephesh
- 8:21that a father cannot do Hafara unless there's also Inui
- 8:28nephesh. That's what it means.
- 8:29A father could only do Hafaras nadarim if there is Inui nephesh
- 8:35also. And this is no, here's the well,
- 8:40you know, I'll keep reading and then we'll come right back to
- 8:42it. OK, so that's the first opinion,
- 8:44right? That only if there's inu
- 8:46enoughesh, the father can do it. Benola bena does not apply to a
- 8:50father and he can't do a far off for any nether that he feels
- 8:54like that has to have inu enoughesh.
- 8:58This is the Rambam sheeta. There is an opinion that says
- 9:01you are allowed to. In other words, based on the
- 9:04Pasa ko Nadariya that a father is able to do because it only
- 9:11has the lushan of inui nephesh in the Pasak by a husband.
- 9:15So the Rambam writes there's no connection, there's no heckish.
- 9:18A husband has to have Inui nephesh for it to be able have
- 9:22the jurisdiction. But a father can do it for any
- 9:26nether, any nether that she makes, even though there's no
- 9:29inui and it's he's still able to do it.
- 9:32Then yesh me shekhilek. And there is one opinion that
- 9:36does try and reconcile the two That's urbane or you feel
- 9:41because here this, I will basically say this.
- 9:46There's a Sifri and then there's a everyone quotes that you were
- 9:50Xiaomi as well. The wrong mom apparently didn't
- 9:52have that you were Xiaomi, but there's a Sifri and you were
- 9:55Xiaomi that makes a hackish that compares a bottle to a husband
- 10:00and so that whatever. So since a husband is Yeah and
- 10:08whenever so it's the same halafa, same halafa that would
- 10:12just like a husband can only do hafaras nadarim on nadarim that
- 10:18have inoi nefesh or benola vena. So to a father can only do
- 10:24hataras nadarim if there's inoi nefesh or benola vena.
- 10:29The rush there are Khashoghan natas.
- 10:31They also they all say that included in inoi, just like inoi
- 10:35nefesh. It's also he can also that
- 10:38because there are things that get in between a father and a
- 10:41daughter, right? OK, obviously they don't have
- 10:44the same relationship as a husband, it's obvious, but they
- 10:46still have a relationship and there are things that still get
- 10:48in the way of the two of them. So anyway, so that's the so so
- 10:52that's the hackish of the Sifri and the Yurushalmi and that's
- 10:55the halafa. That's Sikir halafa according to
- 10:57the Shalkhanarak, according to the Basiosef himself and the
- 11:00Baedeka Bait, the Shah, the Grafa Shalfan and all.
- 11:04Here let me just finish reading and I'll just have a little
- 11:05interesting little tidbit here on this Yeshmi Shamatyar.
- 11:09And this is a Yeshmi shamatyar, a yeshmi shahilek.
- 11:12Now normally the alafa is when it's a yesh umrim and then a
- 11:15yeshmi, it's usually a group of alibis like here, it's the it's
- 11:20the rush, the ran the Rambam and then we have two Das Yehidim.
- 11:24And so usually the alafa follows the Yesh Almir.
- 11:27That's some wonder why he didn't start off with stung but OK
- 11:30without without saying Yesh almi.
- 11:32Anyways, Vieshemi Shahilek. And some want to reconcile to
- 11:36say that they're both right because the Rambam said it's
- 11:40only a sifri and nowhere in the gomara you shalmi or babli is
- 11:45there is there any such heckesh? So he wants to say that it's
- 11:48it's not the halafa. Fine.
- 11:51So anyways, how do we try and reconcile the two opinions?
- 11:55Vieshemi Shahilek Shakodem Shanid arsa maefer ko nandarea
- 11:59of Ahmed Arsa Ulmeta Arus vejas al Russo as anal maefer al and
- 12:05nidre inui nefesh. So just in short, he tries to
- 12:10make a distinction that one opinion is correct before they
- 12:16get before she gets engaged. Once she gets engaged and let's
- 12:21say the husband dies or something, the right the engaged
- 12:24husband dies. So then he then you can only
- 12:28have jurisdiction on the level of Inui nephesh, whether it's
- 12:31sometimes it's this way and sometimes it's this way.
- 12:34The the bureaucrats says on this opinion, the anal Klum doesn't
- 12:37really doesn't count for anything anyways.
- 12:41But if you look in the the Basiosaf, I believe says
- 12:44something a little bit similar. Each opinion does not.
- 12:48It's just interesting how this third opinion tried to reconcile
- 12:51because if you look at each opinion, the Rambam and then the
- 12:53other is shown him at the SIPRI, they don't seem to have any kind
- 12:56of a distinction. Yeah, while he's an artist and
- 12:59they did the two of them together.
- 13:01But when it's the father alone, again, there doesn't seem to be
- 13:05any kind of it's always that the husband, the father has the same
- 13:08jurisdiction as the husband in this, in this detail or never.
- 13:12It's always the same. It's always different to the
- 13:14same, but there's no, no one writes that the transfers in the
- 13:17after after getting engaged, that the halacha changes after
- 13:21getting engaged. Except, yeah, but this is not a
- 13:25real sheet. Then this, this last sheet is
- 13:28not a real sheet then. It's an opinion that came up way
- 13:31after everybody else and is just trying to reconcile the two
- 13:36different opinions. It's not like he knows himself.
- 13:39What's the Edgar Halacha anyway? He's a the opinion is is is a
- 13:47huge style in the heart on a region, but that's not it's not
- 13:50a a a McCourt. OK, anyway, he's entitled to his
- 13:56opinion, but fine, So fine, let's go on to known text as a
- 14:05hood Vanshesh Behem Inoi Navish. Now, what are examples of things
- 14:08that have inoi Navish? OK, so what's an example?
- 14:12So that's to affect the person personally comfort Kegon Rahiza,
- 14:20such as bathing, bathing one's body, one's face.
- 14:23This is enoli nefesh. So if a woman makes a neder and
- 14:26Enoli and rahiza he can they can do how far fine the key shoot
- 14:31keyhole empiricus or if a person adorns themselves with with
- 14:37makeup. Keyhole is generally considered
- 14:39eye eye makeup. Pyric was either perished
- 14:42Sevilla to say ah, it's either referring to dyeing one's hair
- 14:47or it's often also referred to as facial makeup.
- 14:51OK, and I believe the same would apply to jewelry.
- 14:57OK, I think I saw one person mention that but I couldn't find
- 15:00it. So kishut here primarily seems
- 15:05if you look in the run, it seems to primarily refer to makeup,
- 15:09but no one discusses it at length.
- 15:12Kishut usually in in khazaal usually refers to jewelry, but
- 15:17sometimes refers to makeup. So it's but I believe it's the
- 15:22same Allah in this case. OK, it gone Shanish Bah shalut.
- 15:29We'll see an interesting thing when we get to Hoka savelas that
- 15:31comes up there. But if you do a little search on
- 15:36anyway in in Khazal, you'll see it's it could go either way.
- 15:41But usually it is jewelry like you said to go on Shanish Bah
- 15:44shalut or shalut crochet or if she makes a shavua that I'm not
- 15:50going to bathe myself anymore ever or I'm not going to earth,
- 15:54even if it be for one day. We're about to see if she says
- 15:57I'm not going to bathe or I'm not going to wear jewelry.
- 15:59I'm not going to put on makeup. However you want to translate
- 16:01it. Oh, Shyamrah Hanat Rahitza Vicki
- 16:06shoot Ally or I'm going to make I'm going to make a from getting
- 16:14Hana from bathing or putting on makeup.
- 16:18If I'm going to bathe or if I'm going to bathe or if I'm going
- 16:23to but on makeup, I'm not going to get enough from it.
- 16:29Afilu little taalta ellebera feets of Akisha Chauhayom, even
- 16:33if she makes it only for now, This can go either one day we're
- 16:38going to see that Alaka is Neville for one day.
- 16:41If a person makes himself uncomfortable for one day,
- 16:43that's enough to be enoy Nafish. All right.
- 16:46And the husband has jurisdiction.
- 16:49I think she does to herself, but it has to affect the husband.
- 16:52OK. It doesn't matter.
- 16:53It's under the category of Inuya fish and and that's more
- 16:57powerful because then it makes it much more binding.
- 17:00So if it's going to be both we care about Inuya fish more.
- 17:04Might get some rights to. No, no, it's because of Inuya
- 17:07fish. That's all you need.
- 17:08You need one or the other and even if even if it wouldn't be
- 17:13an issue of if it's she has the rights, it makes no difference.
- 17:18OK anyways. So even if she makes it so that
- 17:23she doesn't get a Rahiz or Akisha just for even if she made
- 17:26it just for one day, that's if she you know, I'll keep reading
- 17:32like if the Tanai was for one day.
- 17:34But so even if it's only for one day that she made it tonight of
- 17:44not doing Rakita, not doing Kishut, and it could be that she
- 17:49won't take a shower that day or put on make up that day and
- 17:52it'll never affect it. The the nether was on tonight of
- 17:55this one day and still have a inui nefesh.
- 17:59It's still inui nefesh of one day, right?
- 18:02Even if the Tanayi's for one day or if she makes sense sure not
- 18:05to put it on for one day. Either way it's inu nephesh
- 18:08alphabisha enchal haneder El aliyon.
- 18:11Even if the nether is only for one day, it's still inui nephesh
- 18:16and the husband still has jurisdiction.
- 18:18The yeesh omring there is an opinion it's the Ramba.
- 18:22There are heats of the Kishutavi.
- 18:24Dwarin should be no la vena. That's this category of bathing
- 18:28and jewelry or makeup falls under the category of Venola
- 18:34vena, right? So we know that we learned that
- 18:37the the NAF Kamina Haga Nicole Zamari, Ella Bikishu Tapani.
- 18:42And what kind of makeup are we talking about?
- 18:45If it's not a facial makeup, right, or something that's about
- 18:49Kishu Chamata. But if it's makeup or jewelry in
- 18:56the private areas, right? So no one sees it except for the
- 18:59husband for Kuli Alma. So then everyone agrees, Aloha,
- 19:03they rocked varying Shabeno Labena because that has nothing
- 19:07to do, I think right when a woman goes out on the street, so
- 19:12she has to have self esteem. So all these things affect her
- 19:15if other people are also going to see it.
- 19:18So that's the Rock. That doesn't make sense of that.
- 19:26OK, OK, OK. Yeah, some people.
- 19:32Yeah, there's a couple of different gears.
- 19:33It's fine. But that.
- 19:35Yeah, but that's what it means. Fine.
- 19:37Let's go on to the next one. Yeah.
- 19:43And so everyone holds the halakhas.
- 19:45Not like Duramba. I'm like the first opinion.
- 19:47Rakita and Keisha Dal. The post can say that's the
- 19:49halakhas. OK, we'll be showing him the
- 19:52Khule Samer Amra. If she says Konam Pero Salam
- 19:58Alai, she makes a neder that fruits of the world sounds like
- 20:04all the fruit right are answer to me.
- 20:06So here it's important in order for it to be called right.
- 20:10You learned that a woman anyone makes a neder called Pharaoh
- 20:13tell I with the word all, then that includes all food,
- 20:16basically even meat. And so therefore it's not called
- 20:21right because a person can't live like that.
- 20:24So the only way is it. Either she says payroll to Olam
- 20:29Alai without the word coal or if she were to say the word coal
- 20:33payroll to Olam Alai then it would have to be a Shiva just
- 20:36for one day. That's what the post been
- 20:37pointed out. OK but OK.
- 20:40Oh afilo payroll Medina ahas or if she said the payroll of one
- 20:44particular city or country is answer to her by filo Astra
- 20:49aleha pirochal ish ekhad levago where she says it's aser the
- 20:54pirot of this one person Javi inui nefesh.
- 20:57So the Allaha counts this as inui nefesh.
- 21:01But filo Eno kevani even if it's not a store person who sells it
- 21:06because at the end of the day, it might get to her and she
- 21:09might need this food and she might suffer without eating.
- 21:12But not eating the food is also considered inui nefesh.
- 21:16So if you're going to answer yourself and then you might get
- 21:18stuck that you have to buy from this person.
- 21:21So therefore, even though it's a it's potential, it's it's
- 21:26classified under inui nefesh and the husband could do kaduafara
- 21:31al harambam in a melodvarian should be no levena.
- 21:34Now this it was pair out at all the fruit of the world.
- 21:39So then the Rambo would agree that affects him, but would
- 21:43agree that it's it's Ino enough fish, correct?
- 21:45That's what I mean. It's Ino enough fish.
- 21:46That's what I'm saying. But anyways, but the latter
- 21:48cases, it's just Benola Vena because then otherwise he has
- 21:55the trouble to get it from somewhere else and it's becomes
- 21:58a hassle for him. But it's not necessarily enough
- 22:01fish. But Ino enough fish because she
- 22:02can get it from somewhere else. It just becomes a hassle for him
- 22:04to get it. OK anyways.
- 22:06But basically any food that becomes Ino enough fish,
- 22:11Lahalaka, OK, sameh al afilo najrami mean shuhuralla.
- 22:16Let's say there's a certain food, she might enjoy it.
- 22:22She doesn't dislike it. At least that's how the points
- 22:24it explains it quoted also by the berreita.
- 22:28It's it's let's say it's detrimental for her health.
- 22:32I don't know, sugar, whatever it is, what a lot of us eat every
- 22:36day and consume it's it might not be good for her, right?
- 22:41But below and she but she still likes it below Tom out and she
- 22:47never tasted it. So she doesn't not like it.
- 22:50So therefore have a Inui nafish Nafish since it's something that
- 22:54she she might she enjoys or might enjoy.
- 22:57So therefore it's also under Inui Nafish.
- 23:00Let's do one of the ones on, but Natasha Latila Labeta Avel she
- 23:04makes another that she's not going to go to a base Ava, a
- 23:07House of mourning all the base Amisha.
- 23:09It's like to a Hassana or maybe a bar mitzvah party, whatever it
- 23:12is. Oh, but certainly a wedding of
- 23:16the base Aviya Vima or she's not going to go to her parents house
- 23:21or she'll look Taylor or she's not going to go playing musical
- 23:26instruments or she'll only show her she's not going to sing.
- 23:29You tell her she Can't Sing anymore.
- 23:31She makes such an edit oshiloli shmoa koshir, she makes an edit
- 23:34that she's never going to listen to music or someone singing have
- 23:38nidre inui nafesh. These are all things that hurt
- 23:42person emotionally affect them and it's suffering and therefore
- 23:46they're all under the category of Nunui Nafesh.