Latest / SHULCHAN ARUCH YOMI: Own the Halacha in 25 minutes a day! / Yoreh De’ah 241:1-6. Honoring Parents: Cursing, Insulting, Hitting, David and Shimi, Doctor and Treating, Splinters
Transcript
- 0:00OK, good morning. We are at Helkos Kibo da veim
- 0:04resh mem Alef. OK, so we're on, we're starting
- 0:08Gimel today. But just to take a step back a
- 0:11little bit just to review what we already learned.
- 0:14Just to clarify, we spoke about it's us served to be Mccallo
- 0:19one's parents. So the mission, just to point
- 0:23out the mission, it says in Sanhedrin parent Zion that the
- 0:26only time 1 is high of if when the one curses Khastushal and
- 0:33his parents, it's only if it's done with a shame Hashem or a
- 0:37kinoy has to be shame Hashem and then it would be high of skela
- 0:43and if it would be with a kinoy then it'd be just a love.
- 0:49My focus tonight but OK that's Allah now that for example, you
- 0:54would say something someone would say you know may use God's
- 0:59name or Keanui Hashem, whatever it is and would say Hashem
- 1:05should should curse you Hashem should smite you kill you,
- 1:10whatever that Lushan is so something along that make you
- 1:14sit in the stomach. Anything negative that you have
- 1:17attributing that Hashem should do to that person.
- 1:19Here we're talking about parents, then that's an example
- 1:22of they would be over this if if it's just a Lushin of AB Zion or
- 1:29just insulting somebody apparent right where that's what we're
- 1:32talking about. You're saying something negative
- 1:34even as it's discussed in Sanhedrin.
- 1:38Sorry, Koshin. Well, it's a Sanhedrin, but also
- 1:40Koshin mishpat Kavzion. Even just if someone only uses
- 1:46the indirect terminology like May God and not bless you that
- 1:53when none of those and anything that's not so those cases where
- 1:57you're insulting Mevaza, it wouldn't be an ESR de araisa of
- 2:02koala. When one is Haya again, we're
- 2:06going to see there's obviously the mitzvah kibravaeim era and
- 2:12see above. We're going to get there cursing
- 2:16from the Lushan of Arur. So that's can all so that it
- 2:19could all be de Araisa and Issa de arisa, but it won't be the
- 2:25Issa de arisa of koala. When one gets high of high of
- 2:31malchus de arisa for koala or skela.
- 2:34Fine. Let me just point out a famous
- 2:37example by Shimmy Benguera. We're all familiar that story
- 2:41and Ted's Shmuel Bay's Ted Zaim and when it comes back, Shimo
- 2:46based design, Perek design and when it comes back with Shlomo
- 2:50in Malachim Alef Perek bet. So there Shuna Benguera, he was
- 2:55rush Sanhedrin Khazal, say he was the Rebbe of Shlomo
- 2:59Hamelich. And there he so the the Tanakh
- 3:04tells us how he he cursed, he cursed David.
- 3:10He threw stones at him. Basically he told him that, you
- 3:14know, he was the cause of death. That's Shimi Bengueros from the
- 3:17family of Shahul from Binyamin. So right.
- 3:21So there's attention over there that Davi took over.
- 3:24And so there it's also called Kulatni Morexit that we see that
- 3:28in Malaki and that that's what Shimi did.
- 3:31So the Matsuda others point out that that it doesn't mean
- 3:37literally a koala over there. It's a lusham of Kalut and be
- 3:42Zion. You're disgracing somebody
- 3:44again. It's all you know language or
- 3:47semantics when the lotion of koala is used.
- 3:50Sometimes it's a literal koala according to the definition and
- 3:54halacha and the khamesh what a koala is.
- 3:57And in Tanak koala could just be something very negative.
- 4:02Just interesting. Right now it's a drash by Kuf,
- 4:11right? It's a different color.
- 4:12It's not the same level. Also there when you look inside
- 4:16Tanak and Shmuel, you see he never curses Dvid going forward.
- 4:21He says you are cursed, you are bad or bad things are happening
- 4:25to you and he accuses him that's but he never says God should do
- 4:31anything bad to David. He calls him and he reads it
- 4:36from the Lushi because I'll say Russia, Tevas of no wave, MO
- 4:40Avi, Rotsea, Sorer and Toeva. That's a name, right?
- 4:44So it stands for Chavez Cophey. Yeah.
- 4:47Interesting. And David, just this little
- 4:50Tanakhar. David pointed out that he did
- 4:54not or I wish I wanted to kill him on the spot.
- 4:56Shimmy. And David said let him.
- 4:59He's not really cursing me because he wants to curse me.
- 5:03Hashem is making him do it. Hashem is doing this to me
- 5:07because I deserve it. It's pretty much befederoshe and
- 5:09absukhim. He's doing.
- 5:10This is all from Hashem directing it at me, and he's
- 5:13just using him as the the physical Shalia.
- 5:16But it's not really him because I'll also point out the Midrash.
- 5:21How can it be? He's a huge Talmud hakam and how
- 5:24can he behaving like this? It's because it wasn't.
- 5:28It wasn't from him. Hashem made him do it in order
- 5:31to cause David to feel worse about his Vera, in particular
- 5:36with Bachava or whatever it is to do Chuva.
- 5:40So David says let him live. And David particularly told,
- 5:43according to Khazal, told Shlomo and waited for Shlomo and said
- 5:46don't kill him until all of his he's done having children
- 5:49because one of his children is, is Mordechai.
- 5:53He wanted to wait for Mordechai to be born, let him live his
- 5:56life, whatever he needs to accomplish.
- 5:58And then and then he asked Shlomo Amalekh to kill him so
- 6:02that he should get kapara for what he did and enter straight
- 6:05into Olam Haba. So that's a little bit who we're
- 6:09talking about David Amalek and Sheni Viguera.
- 6:12And just an interesting question over here regarding the Shamus
- 6:15we mentioned. So as Moshe pointed out the
- 6:20Shah, the Shah says under Kinui, what one of the names is Shakai
- 6:26or Sivakot, those are included in the Kinui and same with
- 6:31Khanun and Rahun, right? So obviously to call Kurdish
- 6:35Barkhul Rahul are merciful Rahman and Aramaic using causing
- 6:39him using the word if one's going to curse using right,
- 6:43there's also cursing a leader cursing any Jew.
- 6:47So all of these it's ramifications Magadh the Kurdish
- 6:51cursing the Kurdish Barkhul. So it's all similar halakhos
- 6:54anyway. So a lesson of Kinoi is just
- 6:57using the word the Hashem, saying the word Hashem or saying
- 7:01God for any, any lush one, for Kurdish barku in a different
- 7:05language. All these are considered
- 7:07kinuyim. But we're coming back to the
- 7:09words shakai and svakos. So we know that the that those
- 7:14are shameless of the Kurdish barko.
- 7:15They're not really kinuyim. So it depends for what these
- 7:20are. Shakai and svakos are two of the
- 7:23names that are not named Khakim we're not allowed to erase.
- 7:27Everyone agrees to that as far as I know.
- 7:29But when it comes to Kolola, so according to Rashi, this Shah is
- 7:36coming from Rashi. Rashi on the page it's I think
- 7:41it's on Hedrin Samava. So Rashi says shakai and sivakot
- 7:46hanun virakum those actually I don't know if he uses the word
- 7:49svakos. I think so anyway, not sure.
- 7:52But anyways, for sure Shakai and whatever that comes from Rashi
- 7:56and so it's a Mahokis, Rashi and the Rambam.
- 8:00There are Rahronian who ask on the Shah why does he go with
- 8:03Rashi? Why does he follow this?
- 8:05But it's a Mahokis, Rashi and Rambam.
- 8:08So I believe all the names are named Anam Hakim.
- 8:12But when if in order to use a name for a curse, The question
- 8:17is, is it any one of the shameless Shamim Hakim, which is
- 8:20the Rambam holds, or is it only shameless Hami ukhadim?
- 8:24And it doesn't mean they're not exactly the same.
- 8:27You Khalim would would be shame adnut Alefdalid, Alefdalid
- 8:31Nunyud, it's all the same name. Whatever whatever that is, that
- 8:36one word, it's written sometimes as an acronym and in places
- 8:41Alefdalid whatever refers it Anut or Yurtkewavke and perhaps
- 8:46also Elokim Elokaja. But a name like Shaka in Svakos
- 8:52is OK. So my focus, if that's
- 8:57considered the same fine. Let's go to let's go to Gilmo
- 9:04Haya quotes Tahuvlavi. Now a father has a splinter in
- 9:10his skin. Loya Tiani it's user for a child
- 9:15to remove this splinter right from the skin.
- 9:20A little piece of wood. You want to you want to just
- 9:23pluck it out with a needle without causing any bleeding,
- 9:26right? It's possible.
- 9:27Sure, it's possible. You have to be careful, but why
- 9:31is it aser shama yavola sotbo khabura?
- 9:35Because by a mistake, right? While you're removing the coats
- 9:39with your needle or you're peeling the skin.
- 9:42However, whatever you're doing, it's so possible and for there
- 9:47to be a drop of blood come out and because you might cause
- 9:51Khabura to your father, that's an ISR der Isa.
- 9:54So therefore you're not allowed to vahain.
- 9:57I'm going to explain. Hold on, I'm not done with the
- 9:59thought. Vahain in Humakhi's dumb.
- 10:02So too, if you are bloodletting Ferahufua or Rofe or a doctor,
- 10:09Roy Yakhi's dumb. Lavi should not treat his
- 10:12father. He should not cause any
- 10:14bloodletting The Loyaktok Lo Avery cannot cut his into any
- 10:20any area of his skin, any organ alpha P shimmer kavan le refua,
- 10:25even though his entire intention is refua helium.
- 10:30So it's clear from the Gemara, the post Kim that's this is only
- 10:33a dinder Abana Kabura by definition has to be you have
- 10:37Qabana to cause a Kabura, right? And that's the only time it
- 10:42would be ASA if Well, yeah. So if it's Derek or Fuan so
- 10:51here. But if it's done Derek Rafua,
- 10:54it's not it has the only time it's us there is if it's done
- 10:57Derek, it's Havana to hurt somebody.
- 11:01But if you have right. Ah, so yeah, yeah.
- 11:05So me Durabanan one should not do it, but in order.
- 11:12But if it's Derek Rafua MI Deraisa, it's 100% permitted.
- 11:21OK, you can make that comparison.
- 11:22I mean, I don't the Mahaber. He says it's also it's only
- 11:28yesterday abundant. Well, how clear is it?
- 11:33It's fairly clear from the lashon.
- 11:35But anyways, all the postscame, the Gemara, it's very clear.
- 11:41OK, let me just keep reading the Rama and then we'll see.
- 11:46Bahmed varim ammurim kashiyesh sham.
- 11:50The only time it's usser for a father as as child to do it for
- 11:55their parent is if there's nobody else.
- 12:00I'm sorry, that's it's only usser if there is somebody else
- 12:04who can do it for the father who needs the rapport.
- 12:07All right, it needs a splinter removed.
- 12:09Well, inane sham Akha. There's no one else Lasso.
- 12:11There's no one else to do it. You're the only one in the room.
- 12:14You're the only one around whom he star.
- 12:16He's in pain. Harry whom make keys.
- 12:18So you should do the bloodletting even though you're
- 12:20causing blood to pour out of the skin.
- 12:23The whole take low and you cut whatever you need to do Kafi
- 12:26mashi or shulasso, according to what the father wants you to do,
- 12:30what he permits you to do, and he wants you to do reform.
- 12:34Fine. So you see there's a difference
- 12:36between, well, that's the question, there's a Mahloka.
- 12:41If there's a difference, the Rama does not say yay Shomrim.
- 12:45Notice according to the Rama postures, he does not think
- 12:48there is a Mahlokis. But there is a question in the
- 12:51post game, is there a Mahlokis between the Sholkhanar and the
- 12:55Rama? So if you look in the base,
- 12:56you'll see if it's pretty clear that it's a Mahlokit.
- 13:00Perhaps it's a Mahlokit Rishoni. Let me clarify the Rambam, the
- 13:03Ramban and the tour, they all say 100% clear that clearly that
- 13:09it is mutter there's no issue Darabanam to treat a parent for
- 13:13a FUA when it's there's nobody else.
- 13:16Nobody else can be and is can mean a lot of things.
- 13:20It can mean the child's a doctor and he won't charge the father
- 13:24and the mother and the parents have to go to another doctor.
- 13:27It's going to cost them money. So that's called there is no one
- 13:30else. Again, it's a question how much
- 13:34money is it $10? Is it $50,000?
- 13:37Surgery? Is it I'll, I'll leave that
- 13:39open. But there's that's certainly a
- 13:41level of there's nobody else. If the child is is the best or
- 13:47the father insists that, you know, only the parent insists
- 13:51that he's only going to go to this child.
- 13:53So the parent could do what he wants as far as the kids
- 13:56concerned. Now the parents not going
- 13:57anywhere else. So, so anyway, so there is a
- 14:03I'll. OK.
- 14:05How far do you want to interpret that, that last case, we'll
- 14:08leave it, we'll leave it open, but that's certainly a
- 14:11potential. Though it actually doesn't take
- 14:14anything, isn't worth anything. Very funny.
- 14:19So emotion, I don't know if you heard that.
- 14:21If the doctor isn't as I'll say, what if the doctor doesn't take
- 14:25anything? He's not worth anything.
- 14:26He doesn't charge anything. Very cute.
- 14:28So I'll just point out on that, on that note, sometimes a child
- 14:34or whatever, a loved one who's doing, who's the doctor will
- 14:38sometimes give you the best care.
- 14:41Sometimes if they're not such a good physician, then that's not
- 14:46necessarily true. And sometimes they care too much
- 14:49that they're not so good anymore.
- 14:51They're no gay avidova. And sometimes you do things that
- 14:53are a little bit heroic or you want to be extra cautious or
- 14:58less cautious or less aggressive, too aggressive to
- 15:01remove something and your judgement call.
- 15:05Not the same case, but I remember once when I was doing
- 15:07in a, in a residency in the hospital, I wanted to to observe
- 15:12or assist during a surgery. I think it was from my father as
- 15:15maybe a grandparent. And at first, because I was on
- 15:21staff, they were going to let me just hang out in the room.
- 15:24But then when they found out I was a family member.
- 15:26So the policy in the hospital is no family members are allowed to
- 15:29even be in the in the surgical room.
- 15:32And so I should have kept my mouth quiet.
- 15:34But anyway, so I was not allowed to be in there just because even
- 15:39a bystander could sometimes like, you know, get emotional
- 15:42and then the doctor can get flustered or just create tension
- 15:47in the room. So that's just a flip side
- 15:51anyway, so anyway, so the what I wanted to point out was the base
- 15:55Yosef. He points out that it's Mashma
- 16:00from the rush and the riff. That's two out of the three
- 16:03Mashma. They say it doesn't matter even
- 16:06if there's no one else in the room, you cannot do it.
- 16:09But he said maybe you can And then maybe it's only but he
- 16:15points out that it's not so clear in the riff and the rush.
- 16:18So again, in the Sholkhanar it's a little bit less clear.
- 16:22And you know, usually Paskins 2 out of the three, but that's
- 16:26when they're clear. So anyways, it's not 100% clear
- 16:29what's the Doss of the Sholkhanar if it's a mahogas or
- 16:32not. But I think there might be a
- 16:35little bit of a different amount of how much money or how much
- 16:39difficult should you there be a difference in cheetah between
- 16:42the Sholkhanar and the Rama? But anyway, so Ashkenazi would
- 16:47generally follow clearly the Rama and Spartan would probably
- 16:51depends how much effort is it worth it to be Mahamar or not OK
- 16:56is. One thing clear though, nobody
- 16:58holds it to a mitzvah. Kibbah aim to do it.
- 17:02What a mitzvah Kibbah. Aim to do what?
- 17:04To be the rofe? Well, it sounds like it depends.
- 17:09Again, there's always a tug of war.
- 17:11Who's available? Is there a wait list?
- 17:13Now you have to have someone else and then it's a big tear or
- 17:16you have to wait three months. But in general, it's better not
- 17:19to because it's not a positive, because we don't want you to do
- 17:23a kibura. So la Kakila, even though
- 17:26there's a mitzvah kibudu of ABBA aim of doing rafua, it's better
- 17:30not to unless you have to. That's clear according to
- 17:33everybody. And so my my father, he insisted
- 17:37that I would treat him doing dental surgery.
- 17:41He wouldn't go to anybody else. He just he wouldn't get dental
- 17:44care unless I did it for him. So, so anyway, so I did it.
- 17:49I performed surgery on my father and what's it called?
- 17:53He insisted and I was free. Gilman asked what about brought
- 17:59up? What about boxing?
- 18:01Can you do boxing with a father and a son or or teach him so for
- 18:07fun. So I don't know.
- 18:09I think I think we feel if if it's there's a reasonable chance
- 18:14you're going to cause bruising, which I think there is.
- 18:17You know, it depends how much padding and you know how
- 18:19physical you're getting. It's probably probably us
- 18:23because based on this, even. Just.
- 18:26Having a kid get used to it. Yeah, that's not a very healthy
- 18:31thing to. I don't know, depends on your
- 18:33culture. Dalit.
- 18:35How you Aviv emo rishaim gumurim The auvera Vera of parents were
- 18:41rishaim gumurim afila niigmardinam la hariga and they
- 18:45have a din to be put to death. We otzim maharig and they are
- 18:48going to be put to death. Asur Lola hakotam ulakalam one.
- 18:53It's asur for the child to do this, to cause them injury or to
- 19:00curse them. All right then.
- 19:02This is consistent with the Sholkhanarak's opinion.
- 19:06Perhaps it's the Rama as well, or maybe he's koche shiftedu
- 19:11chuva. Anyways, let's keep reading the
- 19:14IM hikaotam O killalam putter and but it but since they're
- 19:19already nigmardinam la hariga. So then one is putter from the
- 19:25from the rights of punishment the IMA suit chuva.
- 19:29If they did do chuva right before you hit them or curse
- 19:35them, hare zakhayev venehrag alehem.
- 19:39So even though digumar Dina Mahariga, but then we see them
- 19:43do chuva, right? If you have witnesses that they
- 19:46did chuva and then the child was over with shame Hashem or
- 19:52whatever it is. So then he would be the child
- 19:56because he did kalo or he hit, he hit his parents Haye venehrag
- 20:01alehm. That's the death penalty as
- 20:03well. Alpha P well, that's a bad day
- 20:05for the family. OK, Alpha P she don't seem
- 20:10lahareg right, even though we said that even though they're
- 20:13getting the parent is getting the death penalty now the kid
- 20:15also OK, let's right. So that's we did say that as
- 20:26well. No, so according to the
- 20:31Sholkhanara, it's us. Or even if they don't do Chuva
- 20:36because there's an isser, there's a mix of Kibravaim and
- 20:41there's an isser of Kalala and Hikan hidding, regardless if
- 20:45they are for their entire lives Kofrim and Rashayim.
- 20:51Rama has a different opinion perhaps, but that's but that's
- 20:57going back. You can look it up in the
- 20:59previous Eve estimate, but that's but for sure you're high
- 21:03of the but it's Aser. But you don't get the same feel
- 21:08of Malchus or Hariga if they didn't do Chuvia butter of all.
- 21:12So I'm not sure if it's Derisa Derabana and that it's Aser.
- 21:15I'll leave that. OK, So it's Aser to do it might
- 21:18only be Aser Derabana. OK, I'm not sure.
- 21:21Hey, more of our alvira shilohum aleha.
- 21:26If the parents did in Avera, what did they get Malchus for?
- 21:31Vaya Ben shaliya Loya keotam And he was the shaliya of the yanim.
- 21:36The son should not be the one to administer malchus.
- 21:39The hanim is hayevu needle even if they're hayev.
- 21:42And if the parents are hayev needle Loya shaliya kwan dosam,
- 21:46you should not be the one to put them in a harem.
- 21:50Villa Yerdov, Villa Keotam and you shouldn't do anything to
- 21:54them. I'm not exactly sure, but
- 22:01Basdin, you shouldn't do anything.
- 22:03I don't know, may probably yeah, give them bad news from Basdin.
- 22:06Whatever they Basdin needs him to needs to happen to them.
- 22:10Delivers the summons to Basdin either.
- 22:13Can you do the delivery? Maybe not, maybe not.
- 22:16OK Alpha pischeruya makak they deserve it.
- 22:19They got put in nidui, they are high of Malthus veloa sue chuva
- 22:24and they didn't do chuva. The sun should not be the one.
- 22:27OK, I want to let's let's just do vava at least Kohama vaza
- 22:31Aviva emo afila vivarium afila viremiza hareza baklal arur MI
- 22:37piaguvura in other words allahola Moshe musina.
- 22:40We know that according that Hashem says any bizion to A to a
- 22:46parent, even if it's you're not, it's not going to be under the
- 22:49strict definition of colola, where one is high of scila or
- 22:55malchus. There's still an isser de oraisa
- 22:59based on the lotion of arur genemar arur mcclair Aviv emo,
- 23:06right? It's aser arur is also when the
- 23:10Torah Hashem tells you it's it's arur.
- 23:13It's cursed. The child who is Mevaza Makhla,
- 23:17he's Mevaza, right Melesham Kalut, right.
- 23:21So if one is right colon and retsus.
- 23:25So if one is Mevaza, his parent a roar to that child.
- 23:30So you see that it's an isser dar Isa.
- 23:32If the Torah is telling you it's that child is arur, that means
- 23:35what he's doing isn't clearly obviously an isser Dar Isa
- 23:39doesn't mean you get malkus for it, but it still is in a
- 23:43sedariza Baisdin lacos al zem makat mardut and basdin should
- 23:48give lashes actually, but it's their basdin's lashes.
- 23:52It's their optional or I mean their abundant lashes or you
- 23:55know how, or they give how many they want to give.
- 23:57It's not the same parameters of 39 Vela Nash kafi masharaui and
- 24:03if right and they should punish the child as they see fit.
- 24:06Hagar mission high of Shiva al Eveno be based in Edom Mashvil
- 24:10bishwa sheshba Allah and if father is supposed to make a
- 24:14Shiva for his son right there's a triya between them.
- 24:18Father is one who don't want to make the Shiva.
- 24:20It can't be a Shiva with an Allah because.
- 24:22Right. The Shiva can't have an Allah on
- 24:25it, right? But.
- 24:28He wouldn't do it in the case where the the other party is the
- 24:32son, because then the son would be causing the father to get an.
- 24:35Ola, if you make a shvu and you violate it, then the one is
- 24:38making the shvua now gets this curse.
- 24:41So therefore when they're invested in the son cannot be
- 24:44causing the father to make the shvua very good because then he
- 24:48might be causing him to get a curse.
- 24:50Chariza Bala kalala alvi vala mashibiya shvua shenba.
- 24:54Allah could only be a chevre when there's no curse involved.
- 24:58Which is appellate.