Latest / SHULCHAN ARUCH YOMI: Own the Halacha in 25 minutes a day! / Yoreh De’ah 239:10-16. Oaths: When Binding, Multiple, Nazir, Unintentional
Transcript
- 0:01Hey, good morning Resh lammetet Saif yudd shamaka Vero shanishpa
- 0:09V almar anika motka harehu ASA. OK, So here if a person hears
- 0:15his friend make a shavua and he says I'm going to be just like
- 0:18you. So the Shahana Paskins, it's ASA
- 0:21pashas is Amin Hatara. And some of the posts can point
- 0:25out even with malchus. In other words, there's no
- 0:28difference. Before we had a case, you were
- 0:31saying kamuhu on when a person made a nether on a hefez so that
- 0:38were a shivuah and he was like he was duplicating on the on the
- 0:42object. So that that didn't work.
- 0:45Mikara, you know Mikara didn't or at least not from Malkas and
- 0:49korban. But you saw a ICA here, it's
- 0:53mamash A shivuah. OK, you're aleph shivua
- 0:58Shahutsiya belasha neder. OK, so this we touched upon what
- 1:03happens if a person makes a shivua and he says it in the way
- 1:07usually you word a neder kegon shalmar.
- 1:11Yes. Like he says akhilat Ki Karzai
- 1:15shivua. So he says this.
- 1:18It's he doesn't say it's it's asur.
- 1:20He doesn't say it's like a like a korban.
- 1:22He says kishivua. So this is a shivuah.
- 1:26It's aser as it's aser median shivuah.
- 1:29And even though he worded it more like a Nader has worded has
- 1:35in power of a as a din as a shivuah and binding.
- 1:40And just as a short recap from Rayshavov.
- 1:44Hey, and we just had it in Rayshlammat Dalid.
- 1:48Basically, it happens to be a Mahlokat if we say that that a
- 1:54Neder Balashan Shivua is a neder or Shiva balashan neder if it's
- 1:59a shivua. And so that's a mahlokas
- 2:04Mahlokas postgame I'm showing him and the Sholkhanara Green
- 2:10brings down both opinions and he says certainly it's aser either
- 2:15midorisa midinjados. It has, it has, it's equal.
- 2:19It's as if it is, or it might just be me darabanan me based on
- 2:24the Shalala hargiel. Kind of like a canas and some
- 2:27rishonium also make a distinction.
- 2:29They don't say it by another 'cause it's all about a Heifetz,
- 2:33but they do say it by a Shiva. But it's more about on the
- 2:37person. So there's a distinction and
- 2:39therefore it might be different. Anyways, that's a Mahoka
- 2:41rishonium, but we certainly see we it.
- 2:43It is aser if the shalkhanar has a mind, there isa darabanan.
- 2:48It's not 100% clear, but according to everybody, he he
- 2:53would be higher if for a person makes a neither or a svua, even
- 2:59if it's whatever election it is to do a mitzvah or or sedaka.
- 3:05I know that's just OK. You'd bet alma hareni Nazir.
- 3:09OK, we're going to touch upon Nazir us today, he says.
- 3:15Person says I'm going to be a Nazir and then again he says
- 3:18Arani Nazir. He says it twice.
- 3:20I'm becoming a making myself a Nazir.
- 3:23OK, so Khalushanahem. So the den is we're going to see
- 3:28it in contrast to Nadarian and Shavuas.
- 3:32We do say that Nazir is Khal an an Azeros and therefore, but
- 3:40sorry, lean hog stay Nazeros if you earn.
- 3:44So if you say that that you're a Nazir twice, that's two nadarium
- 3:48of or two Naziris and they're rather and so you're high of 1
- 3:53after another another words 30 days plus 30 days, right.
- 3:57If you specify a certain amount of time, then that's what the
- 3:59Naziris is for. If you don't specify, we say
- 4:03Stam Naziris is shloshin young think we said Stam chavua and
- 4:08neder is generally going to be forever on that item or on
- 4:12yourself until you put a expiration date or you do atara.
- 4:15But for naziris we say Stam is only 30 days.
- 4:21So then he says even if a person says the shock points out to her
- 4:25Iranian Nazir Hayom just today or Leo Mekhad, he still has to
- 4:30be a Nazir for 30 days because he don't get less than 30 days.
- 4:36And we Paskin Naziris is not less than 30 days.
- 4:39And we also paskin that Naziris is Khal al Naziris.
- 4:43In other words, they're both binding you and you just add the
- 4:46two times together. Better be very careful.
- 4:48Don't tell yourself a Nazir. I meant a Nazir.
- 4:51Wait, wait. Yeah, you can't do it for 32
- 4:54days or twice that it has for life.
- 4:57You're high of a carbon after 30 days.
- 5:00The with the shock points out is a little kitser.
- 5:02Kitser helchus nazeros. Everyone agrees it's nohig
- 5:06bifinea bite, Vishalo bifinea bite.
- 5:09So it doesn't matter if the base of Migdash is built or not,
- 5:14nowadays it's always binding. Bain the arts Bain the
- 5:18Hutzlarts. It doesn't matter if you're in
- 5:19Israel or anywhere in the world, it's binding.
- 5:23Now the Rahman has an interesting opinion.
- 5:25Kofin otola alot la Erezizer El that if you're in Nazer, because
- 5:31all the lands of Hutzlarts have, we consider heirs amim Tamim and
- 5:36so therefore or Tamaeus or whatever it is.
- 5:38So therefore we have to he has to move to Erezizer El now Eve.
- 5:43But while he's in Hutzlaritz, he's still binding to be a Nazir
- 5:46in the meantime, still has to move.
- 5:48It's a separate issue, but it's still binding for him, right?
- 5:52Naziris goes on wine, not to become tummy to dead to dead
- 5:56people and and not to shave. And all the details that come
- 6:02with Naziris are not discussed here.
- 6:05Those all apply in Hutzlaritz as well.
- 6:09But as long as you're in Khutz Laureitz, you're Naziris time
- 6:14doesn't begin. You're still in Nazir and you're
- 6:1730 days don't the count doesn't begin until you move to Eretz
- 6:22Yzreil, the rivit argues and he says nowadays there's no
- 6:25difference. And even in Eretz Yzrel we're
- 6:28we're basically keep Tumantara the same as they do in Khutz
- 6:31Laureitz, right? We're not so careful.
- 6:33So therefore everybody is considered Tumas Mace wherever
- 6:37we are. That's the that's the
- 6:39assumption. And so therefore there is no Kyo
- 6:42to move to Eretz Yusrell. It doesn't help.
- 6:44And then he also points out that there is a difference of
- 6:47Nazira's Shimshan says the shock points out according to the
- 6:50round bomb, there'll be no reason to move to Eretz Yusrell
- 6:53or need to move to Eretz Yusrell because Nazira's Shimshan goes
- 6:58on wine and shaving. It's not about being Tammy.
- 7:01And so therefore it doesn't that there is no, according to the
- 7:05Rambam, he believes there's no Kiev to move.
- 7:07Then he also says there is Shaila Venezeros.
- 7:11You could also do Kanhilo Ataras Nadaram that we're referring to
- 7:15that we're used to also for nazeros, Shailas nazeros.
- 7:20OK, is that all? He also points out Hilchos
- 7:25Nazeros if a person makes it a woman makes it so then
- 7:30according, you know, long as the age and whatever applies, there
- 7:33is hafara for a husband and a a father for to to be made for
- 7:40Nazeros. And he also points that out, but
- 7:42not by Nazeros Shim sham. They have no no binding on that.
- 7:47OK, no, no jurisdiction on that. Fine, let's go to Yid Gilmour,
- 7:51back to Shibuos. EIN shivua khala al shivua,
- 7:55right? So in contrast to what we just
- 7:57said by Nazeros, we say like this and we're going to say the
- 8:00same thing by Nadar coming up, EIN shivua khala al shivua 1
- 8:06Shivua cannot be khal on another Shiva shiim Ammar shivua Shiloh
- 8:11khalki karza person says the words Shivua shilo khalki karza.
- 8:14I'm not going to make, I'm making a shivu.
- 8:16I'm not going to eat it, right? Preferably.
- 8:19I mean, it's worse if you stay with Hashem's name.
- 8:20Fine, Shavua Shaloha kikar. They say it twice.
- 8:24I'm not going to. I'm making a shavua that I'm not
- 8:26going to eat this role in Hashiniya khala.
- 8:29So the second one doesn't apply yet.
- 8:32It's not khal yet. In other words, the second
- 8:35shavua was hovering in the air, but it doesn't land.
- 8:38It doesn't have where to land because we don't.
- 8:39One can't land on top of the other.
- 8:42And if a person eats that kikar is only going to be high of how
- 8:45many. Loving the one for the first
- 8:48Shavua, however be shown a person does Atara shavuas on the
- 8:55first one, so then Khala Hashmiya, the second one that
- 8:59was hovering in the air lands it applies and he's still going to
- 9:02be high of that love on the second shavua.
- 9:06Interesting case. Yeah, the post can point out
- 9:09it's in the Shah quotes from the Maharam.
- 9:11What happens if a person makes a Neda or a Shavua depending on
- 9:16how it's worded. Basically it's like this.
- 9:19People say it as a shuva. Basically a person makes, if a
- 9:23person makes, let's say a shuva, if I am going to do something,
- 9:30so then I'm going to have to make, I'm going to have to pay
- 9:33every time. Says every time I do something,
- 9:36he's trying out and he has a bad habit.
- 9:37He wants to break a habit. So every time I do this, now I
- 9:41have to pay, pay money to somebody, right?
- 9:45So then I'm giving myself this knas.
- 9:48So he basically makes it as a Shuva for every time he does it.
- 9:52So then there's a whole there's a question.
- 9:54What can he do or how does he do it?
- 9:56And there's no real terror. So don't do this.
- 9:59Basically the two stabbed him. Is it could be you can't get out
- 10:02of it because we learned you could only do a Tara after its
- 10:09call. And if you said you're going to
- 10:12be, you're going to now you're going to make yourself obligated
- 10:15to to pay. It's going to be Khal, the
- 10:18obligation to pay every time you do something.
- 10:20Then every time you do something, now you have a it's
- 10:24kilo, a new, a new Shiva is Khal on you or, and it lands again.
- 10:31And therefore, and you can't until it lands, you can't do
- 10:35Atara. So do you look at it?
- 10:37I don't know. Yeah, so, but it's but it's like
- 10:43Infinity. Never really, there's no end.
- 10:46You can never get rid of the next one.
- 10:48Every time you get rid of the first one, the next one is
- 10:51called. It's like, do you, do you say
- 10:53it's like, you know, there's Infinity window mirrors or
- 10:55whatever it is, Is it just forever?
- 10:57You just have to keep on asking Atara.
- 10:59Or do you say since it was all in one statement, it's keilu 1
- 11:03shivua and it can all be, but you don't undo one.
- 11:07They all fall apart. Or as the Archer Shulkhan put
- 11:11it, you say it's kind of like neder shukhtar shukhtar mixato
- 11:15hutar kulo. So anyways, that's a question,
- 11:19no clear answer. So don't do that.
- 11:22OK? You dial it.
- 11:25Amar shuvuha shukhal basar extreme young.
- 11:28OK, so if a person makes a shuvuha not to eat meat for 20
- 11:32days, the Khazar vilmar shivua shaloh al basar shnaim
- 11:38estremiel. So now he goes and he says wait,
- 11:43OK, sorry, first he says 1 shivu, I'm not going to eat meat
- 11:46for 20 days. And then he says, now I'm not
- 11:48going to eat meat for 22 days. So what's the halacha?
- 11:52Is that a shivua on top of a shivua?
- 11:55In other words, is that going to be, is the second one going to
- 11:59be Khal altogether? And if it is, are you now higher
- 12:02for 22 days or is it 20 + 22 and now you're higher for 42 days?
- 12:09For sure it's gonna be half because it's Kolo, right?
- 12:12So it's for sure Kolo, but it's Kolo.
- 12:15It's the most, most if Kolo. Same thing, right?
- 12:18So therefore it's for sure going to be Kol.
- 12:21How many days? And if you said 2020, we're
- 12:23going to say it's a big, it's a big Mahloka in the Rushonia
- 12:26Manposki. OK, let's read inside.
- 12:29Yeshua Misha Omer. Yeshua Misha Omer.
- 12:31So he quotes one opinion. Misha Omer Norm often I don't
- 12:37want to say usually I don't know.
- 12:39Yeshua Misha Omer means there's one opinion and he does not
- 12:43agree with it. Many times.
- 12:45We're going to see it perhaps both today if we got there.
- 12:47Yeshua Misha Omer. Well, if he's quoting more than
- 12:50one opinion, that's the general rule.
- 12:53If he quotes more than one opinion and one sieve and he
- 12:56says Yeh Shamisha Omar, that usually means that's one opinion
- 12:59who he does not agree with, Lahalaka.
- 13:01If the shalkhanar only quotes one opinion and it's Yeh
- 13:05Shamisha Omar and that's the whole, see if then usually he
- 13:09only found one opinion or he only quotes one opinion in the
- 13:12base Yosef and that is Lahalaka. So that's exactly, it's
- 13:16consistent here. Like always we're about to get
- 13:19to the next case if we get there yeshu me shomer shahsar babasar
- 13:23shnaim the Arabahim young. So there is one opinion in the
- 13:26Rishonim or a opinion that says it's 42 days.
- 13:30You add them because it's right. You say, OK, fine, that's
- 13:35because you add an extra days. So you you meant to add them in
- 13:39total, the Eno near Ali and he says I don't disagree with this
- 13:43doesn't make sense. Ella Eno asar, the basar Ella
- 13:47Shnaim, the estremium only 22 days.
- 13:51OK, because you added All right, let's keep reading in the in the
- 13:56Rama. I'll just point out the taz.
- 13:59I mean, this is the halakha according to the Shah and seems
- 14:03clearly the I think also the the Taz is Mahmer.
- 14:07He says 1 should be a mahmir in this case for 42 to be Koshish
- 14:12for that opinion. OK, I don't know 'cause as you
- 14:16know, because Nadaram is the reisa Stam Nadaram mahamar.
- 14:20But you usually say that only when it's a real.
- 14:22So when you end up with the Suffolk.
- 14:24But if if you have a clear opinion based on the Surya and
- 14:29the Rishonian, we we don't say that every question that comes
- 14:31up in the entire past 40 Simani and we don't find we don't end
- 14:35off with every question for every Michael because we shown
- 14:38him as a so anyway, I don't know Haga vedavka bomosif Beneder
- 14:44Shani shoneder Risha now that's only the Ramar qualifies is
- 14:50because you added first you said 20, then you said 22.
- 14:54So therefore when you add you have to it's, we assume it's
- 14:58included the 1st 20, but you also obviously meant to add 2
- 15:03more days, right? So then we say like this.
- 15:05So then if it's on the same day, you say 20 then 22.
- 15:09So then that's when you add two more days and the total is 22
- 15:13about if on the same day a person says certainly one after
- 15:22another, perhaps the same day, keep reading.
- 15:25If it says twice Estream, I'm making another for Shibuya for
- 15:29Estream Yom and then again for Estream Yom.
- 15:31Then the fact that he repeated it, he obviously meant to add
- 15:35another 20. We'll see.
- 15:38The the Sholkhanarov seems to disagree with this and that and
- 15:41the the shock disagrees with it. But it's anyway Mark Lucas, if
- 15:49you want, if one has to only keep the 1st 20 or if one has to
- 15:53keep 40, the Rama holds to keep 40 the inkhein Najro Najro
- 16:00Alamali. If so, why did he say his same
- 16:03another twice? Not to repeat himself.
- 16:05He obviously meant to add 20 + 20 the inkhein Najro Alamali.
- 16:10So he's after about 40 days, right?
- 16:13The shock disagrees. And and same with the the Shah
- 16:16Kanarak, the Philo emotive Al Nidro.
- 16:20If you said 20 plus and then again, you made another, another
- 16:2822. So if it's on the same day, so
- 16:31then you only have to be, you only have to keep 22.
- 16:34But if you did it on a different day, right, Sunday, you said 20
- 16:39on Monday you said 22. So then why?
- 16:42So then that 20 days already started Harishonim, vyakharka,
- 16:49nadar SH name shanayam vastremium and then you make
- 16:52another Nader for 22 days. So then in minion arishon Ole la
- 16:57klau then the 1st 20 days don't count at all.
- 17:00Vyasa, rabasa, shanayam, arbaimyam and then you'd be ASA
- 17:04for 40 days and one should be. Doesn't sound like he
- 17:11necessarily holds of it. MI ikar I didn't MI svara but he
- 17:16says it's possibly true. We've shown him say so and
- 17:20therefore he says 1 should be Mahmir.
- 17:22Shah argues with this. Again the Grah and the Shah
- 17:26disagree, but the the Araka Shahan is Mahmir.
- 17:29Also in the ends that it's best just to be Mahmir and Duatara
- 17:33and you avoid the entire Mahlakis.
- 17:35Tedwav yeish Misha Omer. Here's the yeish Misha Omar I
- 17:39alluded to where the the shock points out that he gun he says
- 17:44it clearly. He he doesn't say Yesh Misha
- 17:47Omer because he doesn't agree with it.
- 17:49He agrees with it Lahalaka. But if you look in the base,
- 17:51he'll say if that's the only opinion that he either quoted or
- 17:54found and that was the run. But he also points out, you
- 17:57should know that this is also the opinion of Tosvas Rashi Rash
- 18:01Rashbanghule. OK Asia Misha Omar, this is the
- 18:04AL AQA show. IM Amar konam kikar zeh alai the
- 18:08hazer of Amar konam kikar zeh alai inohaya Vela aqas, right?
- 18:13A neder, Khal al neder as well. You're only going to be high of
- 18:171 right? You said you said another and
- 18:19you said the exact same letter twice.
- 18:22So it's going to only the first one is khal and the second one
- 18:24is not. I believe the second one would
- 18:28be khal if you do hatara on the first one right?
- 18:31That's what we said before. OK, Ted Zion cave on Shenandra
- 18:37Chicago Sumatar. All right.
- 18:38We already learned Nidre Chicago's right.
- 18:41You said it by accident. You didn't mean to make that
- 18:43nether it was I'm completely the whole understanding of what you
- 18:48are making another about or The Tonight was all miss a
- 18:52misunderstanding. So it's not Khal.
- 18:53You don't have to do a Tara IM Nishba Shalo Khalki Karzai
- 19:00person makes a Shiva not to eat this world implony Amar de
- 19:06Varza. If Mr. X said something and
- 19:11we're talking about the person is positive or pretty positive,
- 19:16his complete Havana. Our assumption was that he
- 19:20didn't say it. Otherwise he would never make
- 19:22this Shiva, right? The shock points out if you're
- 19:25not, if he wasn't wasn't sure and if you you know or had no
- 19:29clue, no idea. So then that's a normal Shiva.
- 19:34You made it tonight and that's not a Chicago.
- 19:37Chicago is when there was a misunderstanding, not otherwise.
- 19:40If you didn't know and you still made the Shiva, you you knew you
- 19:43were making the Shiva without knowing and you you were going
- 19:46to find out later on if it's if it's a nice Mcleum or not.
- 19:50We're talking about a case where you were pretty sure he never
- 19:53said it, the Nimza Shamrol. And then lo and behold, he
- 19:57actually did say it. You thought he didn't say it and
- 19:59he did say it. So but you made the Ned there
- 20:02the Shiva on that assumption. So therefore.
- 20:05Motzerba kikar, you're allowed to eat it no problem, right?
- 20:07So we learned this by Nadarim. It's the same thing by Shivas.
- 20:11Bahrain imtala kikar be ekhad Shi Amar shivua Shiloh kikar zeh
- 20:18imokhal zeh. So too, if a person is taloi
- 20:23eating this, let's say this roll go for bread based on eating
- 20:28something else. OK, so this is only going to be
- 20:32usser if he eats something else. OK, Vishakha now then comes the
- 20:39akhla and he actually eats that other item, right?
- 20:42I'm going to make a shivua not to eat a roll of bread.
- 20:45This roll of bread if I eat a pink lady apple.
- 20:50All right, so I have this pink lady apple and as long as he
- 20:55doesn't eat that apple, he can eat the roll.
- 20:57But if he eats that apple, then he can no longer eat that roll.
- 21:01And then he goes the alkaline eats it Lokala alava shivua.
- 21:06Because when he ate the pink apple, the pink the apple he
- 21:09thought he was, he totally forgot about his shivua the only
- 21:15time. And that's all the shivua or
- 21:18another dish Gaga. That's not because again, either
- 21:24when you're when you say the chavua, it was by a mistake and
- 21:29a misunderstanding or when you do The Tonight it was on a
- 21:33misunderstanding or a mistake. You forgot about your chavua.
- 21:36Even that's called a Chicago. The Yaco loco shall tonight.
- 21:44OK, well, that's tequila. That's the next part.
- 21:48So you so we said you're not well, it's the same case, but
- 21:50you didn't eat it yet. You said you're not going to eat
- 21:53the we already said you're not high of on the key card when you
- 21:56ate it by mistake. Fine, now you make the exact
- 21:59same Chervua. I'm not going to eat this loaf
- 22:01of bread if I'm going to eat this out right, making sure not
- 22:06to eat the bread if I eat the apple.
- 22:09Now you come to the apple. We say we say like this, the low
- 22:14the Yahoo show tonight. You are allowed to eat that
- 22:18apple. You made a chevua on the bread.
- 22:21There is no chevua on the apple. The apple is a tenai for your
- 22:24chevua. You're allowed to eat the the
- 22:26apple. But now you're binding the the
- 22:30chevua is binding not to eat the bread unless you do a Tara so,
- 22:34but you are allowed to eat the apples.
- 22:37There's no Easter to eat the apple.
- 22:40We're not afraid that you might come to eat the apple by
- 22:43mistake, the bread by mistake. Now, if you eat the bread by
- 22:48mistake, that was a real shivua. There was no misunderstanding
- 22:52when you made the shivua, no misunderstanding when you did
- 22:55The Tonight. Now you're you're violating the
- 22:58shivua Bishkaga. That's a violation of a shivua.
- 23:01We we had this many times. OK, so you won't be high of a
- 23:04Corbin. I mean, you won't be high of
- 23:06malchus. Maybe a Corbin whenever it
- 23:07applies, whatever it is, but that's you could, but you could
- 23:12be in violation of a shivua or another Bishop.
- 23:15It there's no, we always said that so therefore and but we're
- 23:20not worried about that. You just have to be careful.
- 23:26However, there is an isser darabanan to eat the loaf of
- 23:29bread. If a person makes a shibuya not
- 23:32to eat a loaf of bread based and with a tanai of eating the
- 23:36apple. So it's not exactly whole yet.
- 23:39You're still allowed to eat the bread.
- 23:41But there's an isser darabanan of eating that bread because
- 23:45after you eat the bread, yeah, you might come to eat that apple
- 23:49and then Lema Freya, you'll violate the esser.
- 23:52So there is an extra safeguard on the esser, but there's no
- 23:57safeguard on The Tonight. It's almost like a Xerilexer
- 24:00type of thing so that we don't do.
- 24:06So don't eat the the piece of bread because you might end up
- 24:10eating that apple afterwards. Then I'm afraid you violated it.
- 24:14The EM alcohol shell tonight tequila.
- 24:17The EM alcohol shell tonight tequila bishogig butter
- 24:22bishniya. The EM alcohol bemezid Hayev
- 24:26alashniya. The shock just points out, even
- 24:29if you ate the we kind of just said it in that previous case,
- 24:32even if you ate the loaf of bread, you didn't eat the apple
- 24:36yet you ate the loaf of bread. That and you ate the loaf of
- 24:38bread by mistake. You still can't have that pink
- 24:41lady 'cause if you eat the apple, well, I'm afraid you're
- 24:43going to violate it. Remember, the misa isser can be
- 24:47done bishogig to be called a Gaga that you're not Kaya for
- 24:51It's only on when you said the Shiva and when you do The
- 24:55Tonight. So therefore, even if you eat it
- 24:58bishogig the isser, you can still be violating that isser if
- 25:01you then eat the apple. So OK, this last clause and this
- 25:05last line in the the the Michel Kanar, we said, we basically
- 25:09just said this out loud. If you eat The Tonight first,
- 25:13but you eat it, you eat the apple first by mistake.
- 25:17You forgot about your Shavua when you ate the apple.
- 25:21Can you now eat the loaf of bread?
- 25:22Mutter bashenia, you are allowed to eat the loaf of bread.
- 25:26Here. The bashenia means a loaf of
- 25:27bread. But if you ate the pink lady,
- 25:29the apple on purpose, and in other words, you knew that
- 25:32there's a shavua involved. So now, Kaya balashenia, you
- 25:35would be high if you eat that loaf of bread.
- 25:37Think we'll save the last seat for tomorrow?