Latest / SHULCHAN ARUCH YOMI: Own the Halacha in 25 minutes a day! / Yoreh De’ah 228:32-38. Vows: Hataras Nedarim: Cherem and Curses, On the Unborn, Matan Torah, Yericho, Moving to Israel, Aliyah, Mitzvah, On Condition

Transcript

Yoreh De’ah 228:32-38. Vows: Hataras Nedarim: Cherem and Curses, On the Unborn, Matan Torah, Yericho, Moving to Israel, Aliyah, Mitzvah, On Condition · SHULCHAN ARUCH YOMI: Own the Halacha in 25 minutes a day!

• 0:00
  Hey, good morning. We are helkos Nadarim race khat.
• 0:06
  We're starting today with Lahmed Beth Kayvon Shalonagu lean hog
• 0:11
  IMA over as Kamata Kahal Kadin Mukhram Yeshlan Olam.
• 0:18
  OK, what's the case? The the the city, whatever the
• 0:22
  based in to the ear, the whole ear, whatever it is, they make a
• 0:26
  Haskama, they're going to put someone in the harem, Khala
• 0:29
  harem for doing something. Well, harem we're talking about.
• 0:33
  And but then we see no one's really acting on it.
• 0:38
  They said, you know, if someone does such and such, he's going
• 0:40
  to be put in the harem. But they treat him like
• 0:43
  everybody else. There's no Hakraza.
• 0:45
  They don't treat him like he's in the harem at all, but almost
• 0:48
  like, I don't want to use the word, it's a joke, but he's not
• 0:51
  real. Is he really in the kharim or
• 0:53
  not? Yeh shala no lomar.
• 0:55
  So we should say laha laha shal das ha minhaga zehem mitakhim
• 1:00
  when they're in Mitakhi and they do it based on the minhag and
• 1:05
  the minhag is he's not really in the kharim.
• 1:08
  So he's essentially it means they put him in a they, they,
• 1:14
  they say a statement if somebody gets put into harem for doing XY
• 1:18
  and Z. So really what it means Lamisa,
• 1:21
  is he should be put in the harem, but he's not really in a
• 1:24
  harem. We decreed harem, but he's not
• 1:27
  in the harem until the Hakraza. Once they're mockeries that this
• 1:31
  person did such and such, then they have to treat him like he's
• 1:34
  in harem. But until they do that, that's
• 1:37
  the minaka. Again, it depends on how he's
• 1:40
  treated and that's going to be quevea, what the understanding
• 1:43
  of of what their kavanaugh was and that'll affect the actual
• 1:47
  halacha. So even though when the the the
• 1:50
  Shaksha minha din Shinhagabuddin Menuda and that means ideally or
• 1:56
  theoretically, but Lamai says he's not in khair because that's
• 2:00
  the minaka. But once they are do Al Kraza,
• 2:02
  then he's put in Khair the Rama Haggah.
• 2:05
  You know, this is a question the Haggah it's a bit of a question
• 2:09
  if it's considered a Mahlogget or not Iim lush iitin of the
• 2:13
  ferry Shinagubo din mukhram. So there are more ads then you
• 2:18
  can you can Mayan if it's a mahlogget or not, but there are
• 2:23
  more ads that I think it's the Shah who says it's probably a
• 2:29
  Mahlokas. But anyways, doesn't matter.
• 2:31
  Let's go on the Rama ads that if the Bayes did Mafuras says that
• 2:40
  we're going to put him in the theorem even if we don't aren't
• 2:43
  makris him. So then it is technically
• 2:46
  calling you have to treat him like he's in theorem 'cause he
• 2:48
  is in theorem. So that's again a question.
• 2:51
  It could be the minhug still overrides that because if no one
• 2:54
  ever treats him in the theorem, like we see a lot of people are
• 2:59
  doing XY and Z and they're treated like everybody else,
• 3:02
  minion and business and eating and whatever it could be haul,
• 3:06
  that's all the same. Fine.
• 3:07
  Lahmed gimel hanish BA shalali Khani's but takanata kahal havi
• 3:13
  Shivuat Shah. If the seaboard says someone
• 3:17
  that you know, there's a takana, people have to do this, there's
• 3:20
  a harem, whatever it is. And the guy in the seaboard
• 3:23
  says, you know what, I'm going to make a shivua to go against
• 3:26
  it. The Alcorcohol Khal Allah
• 3:28
  Takanata Khal doesn't matter what he says, the kind of the of
• 3:32
  the seabor, it's toe face. It overrides whatever an
• 3:36
  individual might want to think. I mean, that's the whole concept
• 3:39
  of the seabor putting making it the kind of for the seabor.
• 3:42
  And if a person doesn't follow, then he's next and he violates
• 3:50
  the right. But the the shock just points
• 3:53
  out based on the Ramban that if a that a person still needs to
• 3:56
  be shoaha dua Tara sundarium on this shivua shelf.
• 4:01
  Haga vafilo nishba al azadavar shaloli glasovia harka naznulov
• 4:08
  herim hayev lahagi. OK, now let's say that he person
• 4:14
  that sibor a person makes a shivua, even if he makes a
• 4:17
  shivua first not to not to reveal anything.
• 4:21
  The guy makes some promise. He makes a shibuya.
• 4:24
  I'm not going to tell anyone. And then that seaboard makes a
• 4:29
  takana a person must reveal. So then he has to he has to
• 4:35
  reveal. He has to say why?
• 4:38
  Why should the? Of the of the seaboard override
• 4:41
  this short. I thought it was Pasha, but
• 4:44
  actually that's a good question. Where, where, how do you see the
• 4:46
  koak of its sibor? Normally the koak of its sibor
• 4:49
  in general, we always say the koal is much more powerful than
• 4:55
  the yahi and always takes precedence.
• 4:58
  But good question. There's a there's a shivu of a
• 5:07
  Omid that whenever that's sibor. Thank you.
• 5:10
  That's from the grub. Whenever there is a there's a
• 5:12
  there's a original Shibuya that that see whenever that Seabour
• 5:17
  is Mashbiya or make Saharan that they override any.
• 5:21
  So is it because the Seabour is more powerful or is it because
• 5:25
  it's Seabour came first? So the the grass saying it came
• 5:29
  first. Hello, you call Shum Adam Lomar
• 5:32
  Lushammati Akharam and you can't say I didn't hear about it.
• 5:35
  Yafapi shaloshamo khali even if you didn't even hear about it, I
• 5:39
  feel a hockey call Akharam and Sibor.
• 5:41
  I'll call Adam Akharam of the sibor is overpowers and and
• 5:49
  applies still face an al Adam here.
• 5:52
  It sounds like it's because it's more powerful.
• 5:54
  But anyways, with Seaboard, Shigazu Khairam, I'll call Binay
• 5:58
  Iram Kulam Biklaal and once it's Seaboards goes there on
• 6:01
  everybody in the city, then they're all included.
• 6:03
  They can't get out there in the city, live there, whatever it is
• 6:06
  around to physically be there. Filu OTA and Shaheen Notini
• 6:10
  Masim, even if you don't pay taxes, which is a whole another
• 6:13
  story because they're new maybe. OK, sounds like the Hiram should
• 6:21
  be called the minute you walk in to move in, OK or while you're
• 6:25
  visiting. OK, OK, The asur lavur al hum
• 6:32
  humre hamakum kosman shuhu bethum hair.
• 6:36
  And then as long as you're in the city and it's calling you,
• 6:39
  then as long as it goes by the home of the city.
• 6:45
  OK, now there's an interesting shock.
• 6:49
  I, I don't know if I'll agree, but he writes that if the the
• 6:56
  Seaboard specifies in the harem that it's Hall on the city and
• 7:02
  on everybody in the city, even if they move away, then it's
• 7:05
  still going to get Hall and then when they move away.
• 7:08
  But that's a question because that's a little see if if they
• 7:11
  don't specify, we learn clearly everyone agrees that once they
• 7:15
  move away permanently, then they're off the hook unless it
• 7:20
  continues with the same problem. So therefore anyway, so I don't
• 7:24
  know if everyone agrees, but that's the shock points out the
• 7:27
  shame that you was the Rahm Al Shaka.
• 7:34
  OK, fine, so let's go on Lama Dali.
• 7:39
  It makes us a kahal mocha Baskama Kiven Shahemiyot inner
• 7:43
  Moyel Hamka. Now let's say the majority of
• 7:45
  the seaboard are those who are in charge, who are given the the
• 7:49
  the the most of the people in charge say they want to make a
• 7:53
  harem for such and such or Takana and a mutes objects.
• 7:58
  You go after the road. The road is what's called and
• 8:05
  conversely, Yeah, but if the Kahala points in the Tuvia ear
• 8:14
  bunion, whatever it is, then and then now, now they they, they
• 8:18
  take. The majority of all of the.
• 8:20
  Their their bylaws of the. Yeah, OK.
• 8:23
  This is the mix comma. Same thing, not the to the idea.
• 8:28
  It's the same as an access to the idea.
• 8:31
  But you're welcome to show me otherwise afterwards.
• 8:34
  Withdraw you. What do you mean?
• 8:36
  I always go off the road. Rd. the sides.
• 8:40
  Rd. the sides. Then rolls the call over over
• 8:43
  overcome the the the all of the tubing out here.
• 8:48
  Is can Rov kajal override Tuvaya?
• 8:52
  That's an interesting question. How do you abolish Who gives
• 8:57
  them the power and how do you abolish?
• 9:01
  OK, well, any any any zera that the seabird can't be Lamadbo is
• 9:09
  called by itself. You don't even you don't even
• 9:12
  matter as if it's Rover me. That's what for sure.
• 9:15
  OK, Lamadhe, then then it's a non starter.
• 9:21
  OK, right. The robot Sieber has to be able
• 9:26
  to stay there. But then even if all that Sieber
• 9:28
  wants it OK, whatever, we can run around.
• 9:32
  OK, lahmad Hey, E sharla shibiya hanolagin akhar isman.
• 9:37
  OK, for if an individual or at Sieber in general wants to make
• 9:41
  a Shiva on those who are not yet born.
• 9:45
  So then if it's a shivuah, a shivuah is for an individual to
• 9:53
  do something. It's impossible to make a
• 9:56
  shivuah for somebody else. A person can only make a shivuah
• 10:00
  on himself. He doesn't have the power to
• 10:02
  make a shivuah on someone else. And therefore, if they're not
• 10:05
  alive, and so certainly if they're not alive, Kosherkane
• 10:09
  has has is a minimus aval nidui. The Heron is Khal Aldoro Taba
• 10:17
  in. But you can make a nidui or a
• 10:20
  Heron that's like this overriding cloud of a Heron
• 10:23
  that's that's standing there. And anyone now or in the future
• 10:28
  who does so enters into this Heron or this cloud and he
• 10:33
  violates it. So that's so it is toface
• 10:36
  because they can. I don't know how you want to put
• 10:40
  it'll hold up this Nido and Herm in the air and it is toe face,
• 10:46
  but not as Shuru Sibor cannot. I don't think that Sibor can be
• 10:53
  Mushvia for the future. And I'll I'll bring an
• 10:56
  interesting case from the RFF Chauhan.
• 10:58
  You can take it up with him if you like, but here you know,
• 11:03
  I'll just say it now. So he has, he asks what about
• 11:07
  Matantara? Moshe Rabe knew he's Shiviya.
• 11:11
  It's call yourself, right? Vinay, you sell Matantara.
• 11:14
  How did he how was he able to make a Shibuya?
• 11:16
  We just learned you can't make a Shibuya.
• 11:18
  So he says the Orafa Shulkhan says it's Siva Hashem is
• 11:22
  different. Kurishvarakul can be Mashviya,
• 11:25
  call yourself, but not an individual or not.
• 11:30
  People can't, but only Kurdish bark we can.
• 11:34
  That's what that was. That's his Teret's explanation
• 11:36
  for the Shiva by Matantara, but also by Matantara.
• 11:41
  And I'll say a little differently.
• 11:42
  Perhaps it's different because it's more of a, of a breed and
• 11:47
  it's, and it's, and it's under the Zeus.
• 11:50
  You know, it's not, it's not a Shiva, it's a reality.
• 11:54
  It's an Zeus, right? Hashem is McCain forever, Khala
• 11:59
  yourselves McCain forever and we're his children.
• 12:02
  It's it's like a Garrus. You know when we say Khala
• 12:05
  yourself also was Matuntera was like a Garrus.
• 12:08
  Your children are now Jewish forever.
• 12:10
  It's not, it's not an Indian. I don't know if I would call
• 12:13
  that an Indian as shivua. Even though sometimes we use a
• 12:16
  lotion as Shivua, it's not exactly the same.
• 12:18
  Arafa Shiva mentions Hashua also gives a a Shivua that anyone who
• 12:26
  builds in Yuriko is going to get punished right.
• 12:29
  So there. So there's two terrorism.
• 12:31
  He gives either number one. It's also called Sivoy Hashem.
• 12:34
  That's an exception to the rule of a shivuah on others.
• 12:39
  But also he says that's a shivuah.
• 12:42
  Again, when he's shivuah is not always a shivuah.
• 12:45
  You have to read the context. That's just a koala.
• 12:48
  I mean he says but farish, but I think there's a lotion of
• 12:50
  shivuah and koala by the Shiva. But anyways, that's OK.
• 12:56
  Well, Tanakh there. OK, let's go back to the Haggah.
• 12:59
  Kahal Shah Ghazru Khairama Isidavar, they called them Shih
• 13:03
  Tiro Khaira Mauritian Ghazru with signal Isidavar, she would
• 13:08
  not get a OK. So the Kahal already made one
• 13:10
  theorem and then they didn't undo that theorem.
• 13:13
  They added another theorem. So once you already have one,
• 13:18
  the second one is not called, doesn't do anything.
• 13:21
  And some say no, it's a if there could be one on top of another.
• 13:26
  OK, let's go to lava Meesh, another.
• 13:31
  Yeah, if one could be called on top of another one, Misha Nader
• 13:37
  lalos erezisal. A person makes a Nader to make
• 13:40
  Aaliyah le erezisal yehlah heter kishar nadaram.
• 13:45
  So the halafa is you could make a net hataras nadaram on such a
• 13:50
  Nader. So the first thing that's
• 13:53
  interesting to point out is mahlokas achronium.
• 13:57
  If we call it's a technicality saying the words I'm making a
• 14:02
  Nader Allah, Allah's with Erezizrall to move to
• 14:05
  Erezizrall. So is that called a mitzvah?
• 14:09
  So the piscay tuva interesting it says like this quotes the the
• 14:15
  rush bash again, it's it's a mahoepisacronium or how to deal
• 14:20
  with it. But anyways, he writes making a
• 14:23
  nether to move to Erezizrall is only a heckscher mitzvah.
• 14:28
  A Heckscher mitzvah you can undo easily, but if it be if you if
• 14:35
  you were to make a nether that I'm going to live an arity cell,
• 14:39
  he says that's a mitzvah and that you cannot do ataris and
• 14:43
  the Darian one. Now we're going to qualify,
• 14:46
  we're going to see that this is all going together. 1 And if a
• 14:51
  person makes a nether to not do let's say in a Vera.
• 14:57
  So we learned that you can't undo if a person makes a nether
• 15:01
  for Devara Shus, so that we said you could do ataris nadarium.
• 15:05
  And usually we say it's a mitzvah to do that.
• 15:08
  It's important to that because you don't want to be having a
• 15:10
  nadarium in general, we said is a bad thing.
• 15:13
  Unless it's really important for a motivation to do a mitzvah,
• 15:17
  then that's another story. How about generally we we
• 15:20
  touched upon this, the Rama. I think I was the one who said
• 15:22
  it, if a person makes a nadir to do a mitzvah.
• 15:26
  So we learned that in general you should not do a hataris
• 15:30
  nadar because we don't want to stop you from doing the mitzvah.
• 15:35
  But one is able to. Kashoghan says it emphatically.
• 15:38
  Every neder, every mitzvah, any neder for a mitzvah, of course
• 15:44
  you could do ataris nadarim, whether it's to do a thymus,
• 15:47
  whether it's to do to give sedaka, whether it's to live in
• 15:51
  Israel, he says Living in Israel is a mitzvahraba.
• 15:53
  It's a great mitzvah. So any mitzvah or we're going to
• 15:58
  see staying with one's wife. It's also a mitzvah ABBA like if
• 16:03
  it's going to see if a woman wants, if the man makes an Ed
• 16:06
  there and wants to move to Eretz Israel or live in Eretz Israel
• 16:12
  and she's sick and cannot or she says I don't want to live in
• 16:15
  Israel. I like it where I am.
• 16:18
  Whatever the reasons are, it makes no difference.
• 16:21
  So then everyone all the post schemes say he should do Ataris
• 16:24
  Nadaiim to do to to not move there at yourself because you
• 16:29
  should stay with your wife. That's that's also a great
• 16:32
  mitzvah. So and that's a so any time but
• 16:38
  in general to do a if a person makes a neder for any mitzvah.
• 16:43
  So then the halacha is you should not do hatara unless you
• 16:49
  need to, then you're allowed to. And even they're not there for a
• 16:55
  korban, all of these things that are for a mitzvah, it's toface,
• 16:58
  you do karata, PETA, whatever, and you're allowed to do it.
• 17:02
  It's just you don't do it unless you really need to for mitzvah.
• 17:06
  But it's not that there's no, there's no, there's no halacha
• 17:09
  that it doesn't work. OK, so that covers most of that,
• 17:14
  but so there's so the Ara Kashoghan says it makes no
• 17:18
  difference if you say another Lalos or to to go to to move to
• 17:23
  Israel or to live in Israel 'cause you go after the kavana.
• 17:28
  The kavana is when he says I'm moving to Israel, he means to
• 17:31
  live in Israel. We all know that.
• 17:33
  So therefore, it's the it's the exact same nether and he says
• 17:37
  you should not do a Tara unless it's and but it's the the the
• 17:47
  pisque Chuva Costa Rashbash who says if you it depends.
• 17:50
  If you say Lalos, then it's easy to make Attara.
• 17:54
  You don't need to be shot to Chuck.
• 17:55
  And if you say to live, then you're stuck on that same level
• 17:58
  where it's he also says Da Khashoghan says interesting.
• 18:02
  If a person makes a nether to I'm not going to work or I'm
• 18:06
  going to learn 4 hours or 8 hours a day or I'm going to stay
• 18:10
  in Kolo forever. And then but so then he writes
• 18:15
  on such a matter. So do we say learning?
• 18:18
  So yeah, the he qualifies like this.
• 18:20
  This is important. If it's a mitzvah, I have to say
• 18:23
  this. If it's a mitzvah of Rashus,
• 18:26
  it's an optional mitzvah. And then which he compares to
• 18:30
  moving to Israel, then he says it's a mitzvah Rabbah, but it's
• 18:34
  not an obligation. Not everyone has to buy a plane
• 18:37
  ticket and get on the plane and move here right now.
• 18:42
  So he says it's a mitzvah rashus any case, Sedaka, any thymus,
• 18:49
  any bring in a korban, any mitzvah, that's rashus.
• 18:53
  So then you are allowed to midocha to do ataras nadarian.
• 18:58
  But if it's a mitzvah, Yuvis, like you make a neder to where
• 19:01
  it's filling a neder to put on a mezuza, then you're not allowed
• 19:07
  to do hatara because it's because you're already hired to
• 19:11
  do so. And on there you're not allowed
• 19:12
  to. It might still work, but you're
• 19:15
  not allowed to then. So what about learning?
• 19:19
  The person says I'm going to learn.
• 19:20
  We call learning Tara Rechessor Chiubis.
• 19:24
  He says a minimal amount is Chiubis, but but to learn all
• 19:29
  day, he says Ainson Chi and Alanes And if you you have to
• 19:33
  provide to your family that providing for your family
• 19:37
  overrides learning all day, so many hours.
• 19:41
  You just have to learn something and then and then you're
• 19:44
  obligated to be able to finance your family, but you only are
• 19:47
  obligated to be able to finance your family enough that they
• 19:50
  are, I don't know around the poverty line getting by whatever
• 19:55
  that number is. Ask your ask the coming of your
• 19:57
  town to decide how much you need to work and not work or
• 20:01
  whatever. But that's the that's that's
• 20:03
  what he writes. I don't know if I don't think
• 20:07
  anyone would have disagreed, but OK now let's let's continue
• 20:13
  inside Lama design and then the next few see if you are pretty
• 20:18
  quick and follow everything we said but.
• 20:21
  Just do a bit more Hanish baldas havera Shola satavar ploni alpha
• 20:25
  vishnata na havera rishis la Soto.
• 20:28
  Sorry she had tirolo shlo shahed yotos elden Kane Omar shedaye to
• 20:32
  Ayakasha nishva you call otoploni la tiro.
• 20:36
  So here we're just saying like this, a person makes a shibua on
• 20:39
  someone else. We already learned this before
• 20:41
  that it's it depends if if it's Alda somebody else, but there's
• 20:47
  no Tanai involved, then you need that other person to do Hataras
• 20:52
  nadaiam properly. But if that's if there was no
• 20:55
  Tanai when you made the Shirua or neder, but if built into the
• 20:59
  nether and the Shirua there was a Tanai, then any individual, if
• 21:04
  your Tanai was based on one individual or whatever the Tanai
• 21:07
  was to undo it or to come up with the caveat or whatever the
• 21:11
  case is, then the Tanai works. And there's absolutely no reason
• 21:16
  to do Hatara because built into the neder shuwa was this
• 21:20
  tonight. So The Tonight the person is in
• 21:25
  control of that tonight since you gave it to him.
• 21:27
  That was The Tonight. Then he can just tell you.
• 21:30
  Yeah, you know, because you told like the neder was based on if
• 21:35
  Mr. Pony says to do something if this happens.
• 21:39
  And so then if that happens, if the person says so, he's just
• 21:42
  me, Makai and The Tonight and there's no reason to do Hatara
• 21:47
  one more And Ishva Shalwa said there were plenty Shalog Rashoud
• 21:49
  Peloni K Vanshinata and also 20 Rashoud Kutar the a note.
• 21:53
  Sorry, Tara. So the same thing Bergson makes
• 21:58
  a Shalwa not to do an item without someone's permission.
• 22:03
  So then as soon as that person follows The Tonight and gives
• 22:06
  you permission or whatever he tells you to do, that is The
• 22:09
  Tonight. And whenever you have a tonight
• 22:12
  in your makai and The Tonight again, there's no reason to undo
• 22:15
  the whole Neder, Shibu and Mikara.
• 22:17
  It's all built in. OK, we'll stop.