Latest / SHULCHAN ARUCH YOMI: Own the Halacha in 25 minutes a day! / Yoreh De’ah 238:16-23. Oaths: Multiple Oaths, Undoing Oaths Retroactively After They Were Violated, Gifts

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Yoreh De’ah 238:16-23. Oaths: Multiple Oaths, Undoing Oaths Retroactively After They Were Violated, Gifts · SHULCHAN ARUCH YOMI: Own the Halacha in 25 minutes a day!

• 0:00
  OK, good morning Rachel Ahmed hat Ted zein hilhot shivot.
• 0:06
  Ted zein Shivua person makes a shivua Shah.
• 0:09
  Oh hell Ki karzo, right? He says a shivua Shah oh hell Ki
• 0:13
  karzo. I'm eating this role Vihar kah
• 0:17
  Amar shivua Shiloh ohalna. OK, so here we have one Shivua,
• 0:23
  then another shivua. First he says he's going to eat
• 0:26
  it and then he says he's not going to eat it.
• 0:29
  So harishona shivuat bhitui. So the first one, right?
• 0:33
  He said he's it's about doing something right, optional.
• 0:36
  So that's normal Shivua, Shivuat bhitui and right it's called no
• 0:40
  questions. We have shania Shivuat shaf.
• 0:45
  That's a shivuat shaf. Why shanishva Lovato ETA mitzvah
• 0:50
  alvar al shivuatu to do a shivua on a shivua, right?
• 0:57
  If there's, if it's basically the exact same thing to support
• 1:01
  it or negate it. So then it's not going to be a
• 1:04
  call as a regular shivua. However, at least for a vitoi,
• 1:08
  but it's here, it's a shivua shove because you're coming to
• 1:13
  negate a mitzvah or negate A shivua.
• 1:16
  The shivua kind of becomes like a mitzvah.
• 1:19
  It's the same, same category, OK, because you want to go
• 1:23
  against it, so it can't be hauled as a BTOI, But since
• 1:27
  you're going against it, it could be hauled as a shove
• 1:30
  again, if you're just we learned if you're just repeating the
• 1:32
  same thing, it's not and it's to support it.
• 1:35
  It won't be a shove if it's a BTOI.
• 1:37
  We'll see you again later on. OK, Davar.
• 1:41
  And you made it. And so Miyad as soon as he makes
• 1:44
  the Shivuat Shah, the second Shivuat, he's over on it
• 1:47
  immediately. I feel even though you're
• 1:49
  Helena, because even if you don't eat, it makes no
• 1:52
  difference. It's not going to be hull, but
• 1:54
  it's going you already had a Shiva.
• 1:56
  So it can't be hull as a Shiva at B toy and it's already hull
• 2:00
  as a Shav and a Shavuot chav. It's like a one time thing when
• 2:03
  you do that, when you when you say the Shavua and you're
• 2:05
  already over it. Sometimes a Shavuot chav takes
• 2:07
  time to find out if you're going to be over or not.
• 2:10
  But here in this type of a Shavuot chav, it went against it
• 2:13
  and it immediately already happened.
• 2:15
  Done deal. OK, so then the EM yokhalena
• 2:19
  Yokhalena if you're going to eat it afterwards, right?
• 2:22
  Because the Shiva the first was to eat it.
• 2:25
  So if you eat it kiem Shiva to Harishona, you were makayam, the
• 2:30
  Shiva, the first one, the Eno over ella Eno over ella al
• 2:36
  hashmiya. And at the end of the day,
• 2:40
  you're only going to be over the second shivua, not mishim vitoi.
• 2:44
  But because of the shaft, OK, again, you're over the second
• 2:50
  one when you set it, not when you eat it.
• 2:52
  Hilka muta shilkalan. So since you are already over
• 2:56
  the shaft and you can't go back on it unless we're going to see
• 2:59
  Duane Hatara, but we're not there yet, but you already, but
• 3:03
  you already made the Shiva, you're already over on it, so
• 3:05
  you're better off to eat it. Kadesh Shaloya Gamal already
• 3:08
  shown us. You won't also be over on the
• 3:11
  1st shavua because you didn't make a shavua be to eat it.
• 3:14
  So you should eat it. The IM avar Shavua Shalu, the IM
• 3:19
  Amar. Now here another case you said
• 3:21
  like this, it's a different shivua, Shivua Shiloh Ki carzo
• 3:26
  that you're not going to eat this roll of bread and then you
• 3:29
  get, and then you say shivua shohalna and then you say shivua
• 3:34
  that you are going to eat it. So then miyadavarala shinya, as
• 3:39
  soon as you said that second shivua, right, it's going
• 3:42
  against the first one. So that's you're over the Shivua
• 3:45
  chav, the EM yo kalena ya vorga malorishona.
• 3:49
  And then if you eat it, you'll be over your Shiva vitoi because
• 3:52
  this Shiva Vitoi was not to eat it.
• 3:54
  And if you eat it, you'll be over it.
• 3:56
  Hilcock mutav shalaya kalena. I think it's kind of simple.
• 4:00
  You're just following what you said yourself, what your Shiva
• 4:03
  was. So therefore, since you the
• 4:05
  first Shiva that was called was to not eat it, so you shouldn't
• 4:08
  eat it. So that Kadesh Shaloya Alvor
• 4:11
  Gamalari shown us that you won't be over on the 1st Shiva, right?
• 4:15
  The second one in this case you're over, right?
• 4:17
  Depending on what the cases was in this case, you're already
• 4:19
  over the second one. So can OK Sibor Shekhrimo
• 4:24
  Aldevar, if it's Sibor made a Heron on for something vihar ka
• 4:29
  hakhrimo al Hofa and then they make another Heron on the
• 4:33
  opposite. So I am Lloyd Tierra Marisian
• 4:36
  Kodem Shekhrimo Ashini. If the first one was still
• 4:40
  intact, right? That you have to be Makai and
• 4:43
  the harem and they were still intact when the second harem was
• 4:47
  made. Inashini Klum The second harem
• 4:51
  is not khal and it's a nothing. OK, let's go to your design.
• 4:58
  Misha Nish Baudavar. A person makes a shivua to do
• 5:02
  something. Vikasar venish Bolivato Shivua
• 5:05
  Harishona and then he makes a second Shivua not to do it.
• 5:09
  All right, to go against the first Shivua like like to eat it
• 5:14
  and then not to eat it. Similar to in the beginning of
• 5:16
  or in the middle of Ted Zine, right?
• 5:19
  He makes a Shivua to do something and then he makes a
• 5:22
  Shivua not to do it. OK, so that would be the same as
• 5:25
  Ted Zine. Let's read on how how this is
• 5:28
  where you'd Zine differs. Vinish al al Shivua rishona now
• 5:34
  after he made both shivuot, both oaths, he now does hatara on the
• 5:43
  first Shivua. So then Yeeshly's topic Imam yam
• 5:50
  rinan shaniftar mideh shivuot shav do we?
• 5:53
  So we know, we learned whenever we do hatara on a neder and a
• 5:58
  shivua, when you do a proper hatara, what happens?
• 6:02
  The general rule is right, you do you have kharata or whatever
• 6:08
  it is, you have the whole hatara goes le mafreya to the very
• 6:11
  beginning, as if you go back in time and you totally uproot it
• 6:15
  from the very beginning of time and it never happened and it was
• 6:18
  never said right. When they do hafara or often
• 6:22
  when it comes to a khazal, that's sibora nacharim, it cuts
• 6:26
  it off exactly where it is. OK, but here we're talking about
• 6:31
  doing hatara. So a person in this case made a
• 6:35
  chuwat bitui, then you made a chuvuat shaft.
• 6:38
  He was already high of malchus, right?
• 6:41
  Because he did a she was over a chuvuat shaft.
• 6:43
  Do we say when you do Hatara now, you go back in time and
• 6:48
  you're no longer higher than Malchus.
• 6:50
  You're not just undoing A hatara, you're also undoing your
• 6:54
  entire heel Malkas, right? You show up at the based in and
• 6:57
  they say, Sir, you made a Shiva chav lean over.
• 7:00
  We're about to give you lashes. And then someone opens up their
• 7:03
  mouth and they say, hey, wait, maybe we should just do a Tara.
• 7:06
  So yeah, you turn around and say you stand up and you say, wait,
• 7:09
  I'm going to do a Tara and you do a Tara if you can.
• 7:12
  Yeah, usually you can, right? Not always, but if you're
• 7:16
  willing to do a, if you have Karata, then the Basin will just
• 7:19
  do a Tara sadarium and forget about the lashes.
• 7:21
  So yeesh. Lestopic E amrinan shanivtar
• 7:25
  mideh shubhwacha, he says the words of the Shah Kanarak over
• 7:29
  here. A little troubling was it says
• 7:30
  he actually stop it. We're not sure.
• 7:32
  In other words, this is really a Mahloka Rishonim on this point.
• 7:36
  Can you undo it? Le mafreya the Shiva chav,
• 7:39
  right? Because he was already you, you
• 7:42
  would be able to. Normally you say you do a
• 7:44
  tarsadarium, but here he's already high of malchus.
• 7:46
  It's already finished. So the talks are Shiva Shaniyam,
• 7:50
  Shiva Chav, the Shivuat Vitoy and then if you tell me that the
• 7:55
  first one disappears and the second one is no longer Shivuat
• 8:00
  Shaab that now that second. So it's a 2 two issues over
• 8:05
  here. Do we say you can undo Shivuat
• 8:08
  Shaab and Malkas? And do we say that that Shivuat
• 8:11
  Shaab now turns into its transform into a Shivuat Vitoy?
• 8:16
  Because it's the same wording as a Vitoy.
• 8:19
  But since it was to negate, well, it was already a Shiva, we
• 8:24
  called it, it was categorized. It was defined as it was a Shiva
• 8:27
  chav. So does it change over?
• 8:30
  But talks there Shiva Shiniyami, Shiva Chava Shiva be to a cave
• 8:33
  in Shamaza Maqam Lahul, because now there's a place for it to
• 8:37
  land and be call and to apply to it because the first Shiva
• 8:41
  disappeared. So it's a Mahoka we've shown
• 8:43
  him. But the bottom line, the halaqa
• 8:46
  is we say that yes, and we're going to see that again in Kaf
• 8:51
  Olive. Most of the post games say
• 8:53
  there's no difference between Yudzai and Kaf Olive.
• 8:57
  The Shah says it's a little bit different.
• 8:59
  You'll see it because there it's basically the same Shivua
• 9:02
  shalukhala twice. Here it's changing.
• 9:06
  It's not exactly the same case. The beer grass says no, it's
• 9:10
  100% the same halaqa at least. And much of there's much of
• 9:15
  enough coming up as we're the issues topic and we have to be
• 9:18
  Mahmoud al Khumra anyway, so dender Isa.
• 9:22
  But maybe, I guess Nah. Anyways, we'll assume it's
• 9:27
  basically the same halacha as Kaf Aleph where we say yes, le
• 9:31
  mafreya, it does undo it, but just know there's an opinion in
• 9:35
  the and they'll be showing him that it doesn't undo the malchus
• 9:39
  yerhat Hanish balfrail aploni. OK, person has, let's say he
• 9:50
  starts out with enough money. He doesn't start out with enough
• 9:53
  money and the end of the day we're going to see he runs out
• 9:55
  of money. He doesn't have enough money to
• 9:56
  pay them both back. So we'll assume that's that's
• 10:00
  basically the case a person makes.
• 10:02
  Person has to pay two people back.
• 10:04
  He owes them money and he makes a chavua to pay them back and he
• 10:09
  says the same month for both of them.
• 10:11
  So right, whoever he's high of two first, he should pay that
• 10:14
  one first. Fine, However, as what if it's
• 10:19
  in the star written that a Katubi star Harisha, and he
• 10:24
  writes in the first to the first guy, Kozman Sidbenu.
• 10:28
  He doesn't say Kodesh Adar. Well, he says or he says Kodesh
• 10:32
  Adar, but it's the he of to pay is only when he asks for the
• 10:37
  money. So there it's I'm I'm going to
• 10:39
  I'm making a shuwa to pay you don't bother me before other
• 10:42
  kicks in. But when other kicks in, ask me
• 10:45
  for the money and then I'm going to be obligated to pay you until
• 10:48
  I pay you. I'm not obligated until you ask
• 10:50
  me. I don't have to pay Bahen
• 10:52
  Boscheni. And he says the exact same thing
• 10:53
  to the second guy. We are Shabba Sheni.
• 10:56
  And so the second guy comes the tobo and the second guy shows up
• 11:00
  as the first one to ask for money.
• 11:02
  So and because, and that's what it was written in the Star, so
• 11:05
  Kozeman Shalotavu Arisha. So since the first guy, as long
• 11:10
  as the first guy didn't ask first, then he has to pay the
• 11:13
  second guy first 'cause he's Shahre Matsa Shihua Mako Mako.
• 11:17
  Because the shihua falls or applies to the one who asks for
• 11:21
  it, because that was the shua. The shua was based on whoever
• 11:24
  asks for it. And then of course he has to pay
• 11:30
  the second guy if he has money. But if he only has enough money
• 11:34
  to pay 1, you pay the one who you obligated to pay first,
• 11:38
  right? And that's based on right?
• 11:42
  How it was set up or how it was worded?
• 11:43
  OK let's go to UTET nidoi or isser khal al shavua.
• 11:48
  So we said a shivu is not khal on a shavua, but nidoi or an an
• 11:54
  isser can be khal on a shavua. Now we are Omar konamishti asur
• 11:59
  Ali person says that his wife is going to be he's going to be
• 12:05
  asur to get benefit from his wife in law.
• 12:09
  In law. If I don't eat today in
• 12:12
  nevaehlis, if I don't eat Nevaehlis atreyfos say in lo
• 12:16
  alcohol if he didn't right, it's a good Jewish boy.
• 12:19
  He's not supposed to eat in Nevaehlis atreyfos.
• 12:21
  So he doesn't. So then ishto asura.
• 12:23
  So now his wife becomes asur to him because the shavua was on
• 12:28
  something optional eating Nevealus and Shreyfus was not
• 12:31
  part of the Shiva. That was a tanai on making the
• 12:34
  Shiva. So there's no Shiva of omen
• 12:36
  Maracini. The shavua was against his wife.
• 12:41
  If something happens that was just a tanai for the Shavuot to
• 12:44
  kick in. So there's no problem of or he
• 12:48
  was already he's not. He didn't make a shavua not to
• 12:51
  eat Nevealus and Chivas. He just made a shavua not to get
• 12:53
  benefit from his wife. OK, the thing similarly I am a
• 12:58
  haray who Menuda, if he is in nidui, I am loyochal hayom.
• 13:03
  I put him in Haram. If he doesn't eat today,
• 13:06
  nevellos atreyfos. So I am avar hayom.
• 13:09
  If the day passes below alcohol and he doesn't eat, he becomes
• 13:13
  in nidui. And it's has nothing to do with
• 13:21
  going against the words of the Torah because you don't have
• 13:25
  don't eat. You don't have to eat.
• 13:27
  The litoy wasn't OK. It wasn't making.
• 13:30
  They didn't make him eat. That was just a tonight that for
• 13:34
  the Shiva itself to kick in. But cough Nishva alki Karzai,
• 13:42
  Shiloh Yokoleno, he makes a Shiva for this roll of bread
• 13:45
  that he's not going, he's not going to eat it be Aqua.
• 13:49
  And then he goes ahead and eats it Afilukullo the whole thing,
• 13:53
  nish al Allah van nifdar mishvuatl.
• 13:56
  So he see he was over his Shvuat vitoy.
• 14:00
  But all all you need to do is you do Hataris Nadarim right now
• 14:04
  and then that'll up. That'll uproot the Shvuat Vitoy
• 14:07
  from the very beginning. And then it turns out he never
• 14:10
  made a shvuhan. He didn't do any extra by eating
• 14:13
  this food. So if a person made a Shiva and
• 14:15
  he ate it, he violated it. Normally we often say you should
• 14:19
  just do Hataris Nadarim unless it's a problem.
• 14:22
  It's Shiva is a little more complicated, but but here you
• 14:27
  already you have to get out of your problem.
• 14:29
  So everyone says definitely now you should do a Tara Cidarium
• 14:35
  and it's it'll be as if you never made that she would be to
• 14:38
  it and you didn't do anything wrong by eating and there's no
• 14:41
  Malchus or no Shinel Corbin or whatever the case might be.
• 14:47
  Yeah, Shiva is also everyone agrees Shiva was I'm afraid of
• 14:51
  there's a discussion in the Rishoni Murugumar a little bit
• 14:56
  like Hathila if you should do Hatara on the Dharam or Shivaos
• 15:00
  and Shivaos is a little bit more strict and according to some
• 15:04
  Rishoni, if you should do it once it's done.
• 15:07
  But in the case of Bishat attack or you already, you know he's
• 15:10
  going to do the Avera or you already did the Avera.
• 15:13
  There's no Mahlakis. And everyone agrees it certainly
• 15:15
  does work. Atara does work by Shavua.
• 15:19
  It's just like Nadar. Yeah, everyone agrees it works.
• 15:21
  Lil mafreya kaf aleph shivua, right?
• 15:26
  The only Mahloka we mentioned in the halakhat, there's no
• 15:28
  mahlokas is a mahlokas is going to be shown in if it can undo a
• 15:33
  Shivuat shav and if it turns a shivat be to it into a shaf.
• 15:37
  But there's that's a Mahloka. We've shown you the halaka.
• 15:40
  There is no mahlokas. OK, Kaf out again.
• 15:46
  We're going to see this again here.
• 15:47
  Shivoi shalo halki Karzai Shivo Shalo Karzai makes the Shivois
• 15:51
  did not eat this loaf. He says it twice.
• 15:55
  So then in Hashiniya khala. So the second one is not Khal
• 15:59
  because it's you're repeating the same Shivoat Vitoi and we
• 16:05
  and and there's no additive factor.
• 16:07
  It's not a Shiva cola. So it's not we don't say a Shiva
• 16:10
  was Khala and a Shiva. So you only have one Shiva does
• 16:13
  it become and it's not a Shiva at Shah because you're not going
• 16:17
  against what you said. So again, so here you only have
• 16:20
  one Shiva over here. However, listen to this.
• 16:23
  Your words are still words and they still stay hovering in the
• 16:27
  air. The second Shiva was not Khal
• 16:29
  yet, but the Imnisha al Rishona. If you do Ataris Shiva, Shiva
• 16:35
  was on the first one, so then that disappears as if it never
• 16:39
  was. And then Khala Hashmiya.
• 16:41
  But you said the words of a Shiva, so then those become an
• 16:45
  active Shiva. It's not like you didn't say it
• 16:47
  at all and it's still so now it's becomes active.
• 16:52
  The second Shiva counts as a Shiva Kafbat.
• 16:57
  Hurry, hurry. A person ate today, he already
• 17:03
  ate V Amar. And then he says the words
• 17:06
  shivua, Shivua haltihayam. And he says, I mean, he's making
• 17:10
  a shivua. I didn't eat today, but he did.
• 17:13
  And then he double s down and says it again, Shivua Shiva
• 17:17
  haltihayam. This is the Shivua they didn't
• 17:19
  eat. So what happens?
• 17:20
  Yeish Khan onish stay shivuos Leshaka.
• 17:24
  Here we have two. These are and it's a beatoy.
• 17:29
  You can have a beatoy on a beatoy.
• 17:33
  We said before, a shivua is not hauling A shivua, and you can't
• 17:37
  have a betoi on top of a betoi. So wait, that's only half true
• 17:41
  if it's a shivua, betoi in the future.
• 17:46
  So in other words, we don't know what's going to happen.
• 17:48
  So when you make the first Shivua, the obligation of
• 17:55
  upholding your words, the Shivua that you make the oath that's
• 17:59
  still there and you have to be careful to keep it going
• 18:01
  forward. So it's not a it's not a done
• 18:05
  deal yet. It's still it's still pending is
• 18:09
  not the right word, but it's still an active pending
• 18:11
  situation where you have to keep your words based on the Shiva B
• 18:15
  to it. So then we don't say if you make
• 18:18
  another Shiva doing the exact same thing, that's called Shiva
• 18:21
  on a Shiva that's not called because you're still mushbag
• 18:26
  only kilo and you still have to keep your words and it's still
• 18:29
  going and it's still an active Shiva.
• 18:33
  But here, if it's on the past tense and you set a shuud bhitui
• 18:37
  on what you did or didn't do, it's done.
• 18:40
  The second you make that shuwa, the shuwa bhitui was said and
• 18:44
  it's done. And now we move forward in life.
• 18:46
  The clock keeps ticking in life and you already finished it.
• 18:49
  You can't, there's nothing to look out for anymore going
• 18:52
  forward. You already made your shuud
• 18:54
  bhitui. So since it's finished with and
• 18:57
  you make another shuwa vitoi, the second one is also Hal
• 19:01
  because it's not a it's not a shuwa al ashwa because the first
• 19:04
  shuwa is history. Now it's not, it's not relevant
• 19:06
  anymore. You just you hire your Corbin or
• 19:08
  whatever, you hire Malpass or whatever you hire, but OK.
• 19:13
  But it's not it's not like it's a shuwa al ashwa because it's
• 19:16
  the first one. It's history.
• 19:18
  And now you've made another one. And every time you keep making
• 19:21
  one, you're hired another onus for another shuwa.
• 19:24
  Just as as an aside, clarify when you say with Shakur, a shua
• 19:30
  of Shakur AB could be AB to it could be a shock, right?
• 19:34
  Depending on just Shakur. This means it's it's not true.
• 19:38
  So it depends. It could be Shakur could go
• 19:40
  either way depending what your shua was.
• 19:42
  OK, let's do kafkil MO matana al manasa hakser shma matana.
• 19:50
  So we know this is a halacha that's in general, and we say
• 19:54
  that any time you give a matana to somebody else and even though
• 19:59
  you make a tonight that he has to return it to you.
• 20:01
  It's just halacha grammifications, right?
• 20:04
  Since this may be Lula, whatever the case is, we know that that's
• 20:08
  a halacha in khasha mishbat and it applies to arachaim.
• 20:11
  In your idea, that's a matana. Almanas Lahaksir is a matana.
• 20:16
  It's considered a full matana. It just the person has to give
• 20:19
  it back to you later. Fine.
• 20:20
  A few the Shiva so even by Shiva as it applies, if a person may
• 20:29
  if I make a Shiva, I can give you an item.
• 20:32
  I can now I have an obligation to keep my words so I can when I
• 20:36
  give it to you, I can say I'm giving this to you.
• 20:38
  It's all yours, but I need you to it's I'm only giving it to
• 20:43
  you on the condition that you're going to give it back to me as a
• 20:45
  full gift. I don't know in a week from now.
• 20:47
  So for this week or this hour, it's all yours.
• 20:50
  But then you have to give it back to me.
• 20:52
  That's it tonight in me giving it to you and you have to keep
• 20:55
  that. But that does work to absolve
• 20:58
  you as to be considered as makai in the Shavua.
• 21:01
  I'm not going to get, we're not going to get into too much here,
• 21:03
  but just to point out, the Shah points out this really is a
• 21:06
  halacha in the Shah Khanarak in Reish Nunhat, pretty much the
• 21:10
  very end, second to last. If there, it points out if
• 21:15
  you're giving it, if you make a shavua to give it to a ani or
• 21:19
  it's or it's sedaka, consider the same thing there, that
• 21:23
  sedaka, the ani, so to speak, it takes ownership.
• 21:28
  I'm not exactly sure exactly at what moment, but he basically
• 21:32
  takes ownership of it. And you don't have a right to do
• 21:35
  a matano manasa hakser when it comes to an ani.
• 21:38
  So keep that in mind anytime you do Matano Manasa hakser.
• 21:42
  It may for Shavuas, it doesn't work, and it may not work for
• 21:46
  any Alaka. That's a quite we'll leave that
• 21:48
  as a question mark. But certainly for Sedaka it
• 21:50
  doesn't work and you can't take it back.
• 21:54
  Fine, maybe we'll stop here.