Latest / SHULCHAN ARUCH YOMI: Own the Halacha in 25 minutes a day! / Yoreh De’ah 234:44-54. Vows: Annulling, How, Upholding and Revoking

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Yoreh De’ah 234:44-54. Vows: Annulling, How, Upholding and Revoking · SHULCHAN ARUCH YOMI: Own the Halacha in 25 minutes a day!

• 0:00
  Reish la medalid hokos nadarian. We are continuing today with
• 0:05
  Memdalid. See if Mandalid really mem Gimel
• 0:07
  and mandalid go quite together. Just a quick question.
• 0:10
  We learned before to do it hafara right?
• 0:13
  If you want to do hafara to annul or revoke the nether, what
• 0:18
  do you say? Mufar We ready to read Mufar 3
• 0:22
  times, Batzel 3 times. What happens if you only said it
• 0:26
  once? Does it matter if you say it
• 0:27
  three times? So we learned also by Hattaras
• 0:31
  Nidarian where we said it Mako, we also said three times over
• 0:35
  there and Alaka's the same. It's simple.
• 0:37
  You only need to say it once. The dintara is you only have to
• 0:42
  say it once. And Miderabanam, they only said
• 0:45
  you should say it three times, like to be the Kazakh Indian to
• 0:50
  strengthen, make it a little bit more, a little more exciting.
• 0:55
  So they're just saying it once, you say it three times.
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  And Malaysia Kazaka, right? We have makudash.
• 1:00
  Makudash for the well, that's twice, but whatever.
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  You do it more than once. But that's only Derabana.
• 1:05
  Fine. And even me, Derabana.
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  And it's fine if you only say it once.
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  OK, Now where we are armed, OK, Amarilla devas akas mandalich.
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  You say to her one time. Kiyem umofar Lehi, you are Kim
• 1:26
  and Mufar. I am Mikayam and I'm doing
• 1:28
  hafarah at the same time. Aim Khan Aloha Kama velohafarah.
• 1:33
  If you say both at the same time, and presumably we're
• 1:38
  assuming the case is you have in mind for it to both Hal at the
• 1:42
  same time. Don't ask me Hal.
• 1:44
  But that's the case. So nothing is Hal and you can
• 1:48
  still do hakama, you can still do hafarah, you can still uphold
• 1:51
  it or revoke it. It makes no difference if the
• 1:54
  case is you meant to correct yourself and of course the
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  correction toku de dibor works. And if you had no intention to
• 2:03
  say it at all and it was a complete mistake and stoma
• 2:05
  didn't didn't count the first time, OK, The Hagar is OSHA
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  amarilla kiyam leiki U mufar vivas akhas or you say the
• 2:15
  expression kiyam and mufar. Also, as long as you say it,
• 2:19
  that it's called at the same time, you didn't say anything.
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  That's how the it's a question. The kumara, there's an answer in
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  the kumara. So that's how the shalkhanarak
• 2:28
  paskins. But Haram Bami points out he
• 2:32
  understands the Kumar a little differently.
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  And the mascana there is no, no, it's hare ZE kiyam.
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  It's as if you were makayam. That's the halakhal, the
• 2:41
  shalkhanarak, 'cause you can still go back, ma'am.
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  Hey, Amar Allah, he says to her, Kiyam Lehi hai yam hare ZE kiyam
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  lo olam. If you now mem hate and mem
• 2:54
  khatt, just know those are 4 cases lined up in the Gemara
• 2:58
  where they're all questions with no real answer.
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  The Gemara is not sure what the answer is.
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  They're all questions. And so the question is, how do
• 3:05
  you paskin with one after another And it goes in team seal
• 3:07
  Omar look wholly. So in general, without getting
• 3:11
  too much into it, the rush paskins by all of them, It's a
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  it's a Suffolk. So you go to Gomra and they're
• 3:18
  all they all have a Dinova Suffolk.
• 3:23
  Generally we say they're Macuilliam.
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  You can't undo them. The round bomb holds by all of
• 3:29
  them. There is an answer and that that
• 3:32
  they're all Macuilliam except the last one was his general
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  rules. When you say the M team Salomar,
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  that's coming to the answer that to remove the Suffolk, that's
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  just the general Mahalik. And since the last of the ones
• 3:45
  doesn't have the M team Salomar, that's the only one that's left
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  with a Suffolk. So let's just read the read it
• 3:51
  inside in the Chauhanar. So the first case we just had
• 3:55
  was she is you say to her you're being Mackayimit, but you didn't
• 4:00
  say just I'm upholding it, period.
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  You added the word for today. So the question is, does that
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  mean you're really doing a Kiyom for today?
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  But how far for the future? The answer is no.
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  We say it's a kiyom fine then vav Amar la mufar leki lamachar
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  ain't no mufar. Now if what if he tells her that
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  you're I'm doing or again, she doesn't have to be there when
• 4:28
  you do it, but whatever tell her you're mufar or you say it's 3 *
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  1 time. We said OK, but you see you add
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  the words lamachar for tomorrow. So what does that do?
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  Does that mean by saying that you are also, we say it by
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  definition you are also saying you're Makai Amit for today.
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  So that's question how we pass them.
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  The Gemara has the question, take it back.
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  The Shakhanar says anal mufar. Then if you say Mufar for
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  tomorrow, then it's you can no longer do then that doesn't
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  count for Hafara for tomorrow. And also you have to, yeah, but
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  here you are saying it today, but you're making it to be
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  called for tomorrow. So that's anyway.
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  So that's the question in the Gumar or part of the question.
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  I think the main question though is not that.
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  Can you not do that? I don't know if the Gumar has a
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  problem with that. It's that when you say only for
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  tomorrow, well, I don't know if we have a technicality problem
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  because you're doing the hafara today.
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  We learned already you are allowed to do kiyum and hafara
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  bemictas. You can choose, you can cut, you
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  can, you know, cut and shape. What am I trying to say?
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  You can pick and choose on the day for what it counts for.
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  I don't. I am assuming it also, but I am
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  Shamanda Gumar. I'm assuming that's that's not
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  the problem. The only the real issue is when
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  you're doing that for tomorrow in this case, does that mean
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  you're being Makayam for today? And but OK, I I hear OK, so then
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  the the haggah. So it says so it says a no
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  Mufar. And if it says a no mufar, what
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  does that mean You didn't do on Hafarah?
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  Can you still do can you still do Kiyom?
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  Can you still do Hafarah according to the shalkhanar?
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  So that listen, the Rama writes haga, the yeesh omrim, they have
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  a kiyum. So the Rama says, and some say
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  that's also a kiyum. By saying mufar for tomorrow,
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  that's a by definition, we're saying that's a kiyum for today.
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  And that kiyum stands and you can't, you can't do Afara
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  tomorrow because tomorrow's too late.
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  I'll, I'll leave your point as a, as a, as a, as a question
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  mark. But anyways, so the Rama holds
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  by stewing Mufar Lehi Lomachar, that itself is a kiyum now.
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  And you can't even now do Hafarah anymore, even for
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  tomorrow. It's too late.
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  And because that's considered a proper, the proper kiyum with a
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  period and you once you do a kiyum, you can't undo the hafara
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  afterwards. Now the Rama writes the Yesh
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  omrim, so usually that means he is arguing.
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  So he holds the Rama presumably holds that according to the Shah
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  Kanak, it's not a hafara and it's not a kiyum.
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  And you can still go back and do whatever you want.
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  You can redo another Hafara, you can redo another Kiyum and but
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  OK, but the Taz writes but the can't be because it's a VH
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  omrim. He writes Lodak that the Rama
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  wasn't correct, wasn't careful how he wrote the words, and he
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  wasn't being Medaktik in his lashon.
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  And really there's no Mahlokis that Taz points out that the
• 8:02
  Shokanar, just like the Rambam hold that it's also a Kiyum son
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  of Mahlokis. And the Bass Yosef says that
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  himself seems to be and the Gras writes that that's what's what's
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  the Ferish. And the Bass Yosef, you can look
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  it up seems to be from the from the Rambam as well.
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  Just interesting. Then the kudos Kesseff, the
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  Shah, he writes, it's interesting.
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  He was no, no, the Taz la dak, but the Rama was Dak.
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  I don't understand the Shah but because the Bass Yosef himself
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  agrees with the Taz and anyways. But anyways it's a more focused
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  on how to understand the shalkhanara.
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  But the the base Yosef himself who wrote it, the TA's and the
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  Gras are on one side against the Shah.
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  OK, let's go on to mem Zine. Amarla kiyam Lehi Shah akas the
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  avar hayom the law hafar razer kiyom all right, another another
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  similar type of case where he said he's in the chi amid only
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  for one hour and then the day passes and then and he didn't do
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  hafarah after an hour, I raised the keel.
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  So the lacha is that counts as a proper keel.
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  And now the real reason why he can no longer do a Farah in this
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  case is because the day passed, like you said, could only do
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  Hafarah the same day that you find out after the Kiyam.
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  He could have still done Hafarah, but he didn't.
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  But he could have because he only did Kiyam.
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  He specifically specifically said I'm upholding it for one
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  hour when that hour happens. After that hour, he could have
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  still done Hafarah. The fetish over here question
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  Kamara. The fetish over here is that you
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  may have thought maybe by by doing Kiyam for one hour
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  automatically that is a hafara for the second hour.
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  We don't say that. You didn't say that, so it
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  doesn't happen. You could say I'm Makayam for
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  one hour and then I'm doing Afara for the second hour and
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  onward Mehmet for one hour. When that hour passes, Amar al
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  mufar. Well, what I said is partially
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  true. That's this.
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  That's the next question. Now that hour passed, a person
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  is in the kayam for one hour. OK, What happens after the hour,
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  right? Presumably what I said is
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  correct. If you said it at one time for
• 10:49
  the first hour, it's key on the second hour is hafara.
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  Again, it's a discussion I in the run and others, but we'll
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  assume that that'll work here. You broke it up.
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  You just said kiyum for one hour.
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  The hour passed and now you wanted to do hafara.
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  You said hafara after that hour passed.
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  It wasn't at the same, you didn't say both sentences at the
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  same time, right? Because we learned you a lot of
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  pick and choose a little bit. But here you did a proper kiyum
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  you for one hour period, then the hour passes and now you come
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  to do hafara. So the Gemara has a suffix and
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  that's the and this is the final of the four.
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  And everybody agrees that Haraisa suffik unless everyone
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  who reads the suffik, what's the dim?
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  So in other words, well, because once you do hakama, it could be
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  you can no longer do hafara anymore.
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  It's just a just like a, a definition or like a, a clow
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  that there's just that's, that's the question.
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  Is there such a clow in the Torah and Khazal don't know once
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  you do a comma and one day on the same day, can you also do
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  hafara when you're doing it, you can pick and choose, but once
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  you did it already, if you do, it could be in one day.
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  You're only allowed to do 1. You don't have an the
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  authorization to do twice. You don't have the power, the
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  jurisdiction to do it twice. That's the Suffolk.
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  So therefore we have to we have to treat it like maybe it was
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  Mccleum and the husband can no longer do hafara as median
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  Suffolk. If you want to undo it, she has
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  to do it. Hataris Nidarim and that's it.
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  And if if he does do afara and she violates it, then she didn't
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  violate a love and we don't punish her as if she violated a
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  love because we don't know. Again, it's a dent of a Suffolk
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  in all directions. OK, let's go on to the next
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  halacha. Mem tete amekaya nidre once.
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  Yeah, amekaya nidre bito or ishto.
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  Now what happens if a man or a a father, a husband?
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  It is Mikaya, then niche and now he regrets that he was he upheld
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  Hernande. He takes he wants to go back in
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  time. I raised the Nisha Lakham.
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  You could go back in time per se.
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  You go to the Hakam Umat your lo hakama to and you retroactively
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  right. We learned the we're going to
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  see this again. Generally speaking, the father
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  and the husband, they can only sever it or revoke it from now
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  on forward. If you go to a base din or you
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  can revoke it that you do Hatara and null it all the way from
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  back in time, Llama Freya. So you can undo your hakama,
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  Umatilla, Hakama. Tell the hose there umafrilla
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  and you can now do Hafara and you have to do hafara though the
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  same day that you do the Hashallah, the same day that you
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  undo the hakama, you have to do the the hafara because the day
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  that you undo it, that's like your day of Shamia.
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  That's your first day. And you only get one day.
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  Now, according to this opinion, you can, you're allowed to go
• 14:03
  back. You can, you're allowed to let's
• 14:05
  say on day one he hears about it and he does the kiln a day
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  later, a week later, whenever it happens, he can now go back and
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  do a do a Tara Atara Rashallah on the on his Kiyun and his
• 14:21
  upholding, even though it happened a week ago.
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  And then that is his new first day.
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  Yeah, they start the time again. That's also if you're not sure
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  and you want to buy yourself time, this could be a, a way to
• 14:35
  give yourself an extension on the Yom Hashmiya, right?
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  If you're not sure you want to cancel it, either you cancel it
• 14:44
  and let her make another Ned there in a week.
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  And when you guys, when the couple thinks about it, so the
• 14:49
  father and the daughter has time to think about it.
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  Or, or you can do Kiyum today, which is like you're, you're not
• 14:57
  sure if you want to live out. So instead of being quiet, you
• 14:59
  actually uphold it. And then you can buy time as you
• 15:03
  can always do Atara Hashalla on the Kiyum a week a year later.
• 15:07
  All right, just an, an interesting scenario and right,
• 15:13
  that becomes your young because for that entire period of time,
• 15:18
  once you did the Kiyum, you're not able to do Hafara.
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  So we had a similar situation. Whenever you're not able to do a
• 15:24
  Fara or you don't think you're allowed to do a Fara, your first
• 15:28
  state doesn't start. So that's that same, that same
• 15:31
  principle. OK, let's finish the sea of all
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  IM Heifer love and Nikhum, right.
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  Once you do have Farah and you, you want to Yeah, you feel bad.
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  You did have Farah and you want to go back on the Hafarah.
• 15:52
  That's impossible. You could only go back and do
• 15:54
  Attara on a Kiyum. You can't go back and do it on
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  Hafarah, OK? In other words, there's no way
• 16:01
  to restart that Ned there unless she re repeats that Ned there
• 16:05
  and says it again. The yeesh Omrin.
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  Now this is a yeesh Omrin opinion.
• 16:10
  That shena Yahoo le chahala come ella byom hashmiya.
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  This opinion holds right. Presumably the first opinion is
• 16:19
  the Ikarla halakha. Certainly according to the
• 16:23
  Shalhana, we'll see the Rama's opinion in momentarily.
• 16:27
  And so this opinion says the it's not really a din in the
• 16:33
  Kiyom, it's a din in the Hafarah.
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  The we, we learned the Hafarah has to be on the day you hear
• 16:39
  and this opinion holds. You can't, there's there's no,
• 16:44
  you can't restart the clock or there's, you can't hold time in
• 16:49
  place. That time moves on and that even
• 16:53
  though you do Hashalla, you undo the Kiyom.
• 16:56
  So fine, you would be technically able to do Hafara as
• 17:00
  you could undo it, but if it happens on a different day, then
• 17:03
  you missed your chance because Hafara could only be on the day.
• 17:07
  Then you physically hear it for the first time.
• 17:09
  You don't get this extra OK, this extra time extension.
• 17:15
  All right, So it's really a din in the Hafara that it has to be
• 17:18
  on that same day. It's not really the key of
• 17:20
  itself is not really the issue. OK Hagga now the Rama rights
• 17:24
  vyesh lahakhmar kiswar Rona. We should be like this second
• 17:30
  opinion viatir lahakham gamkin and therefore assume it's too
• 17:37
  late and just do a taras nidarium with the woman herself
• 17:41
  right? It could be the Rama would be
• 17:44
  Mika like the Shahanarak as well.
• 17:47
  Presumably he would be be shot at if it's important and there's
• 17:50
  no way to do ataris nadar none amarala kiya maki shne palmi
• 17:55
  vinisha al arishan Khal Hashini. OK, what happens if he does a
• 17:59
  comma? He does kiyom and he tells her
• 18:03
  it does it, says it twice in a row.
• 18:05
  Is Makayama twice in a row saying I'm Makayama, I'm
• 18:09
  upholding your nether. And he says those words twice.
• 18:13
  And then he does Hashallah Tara on the first time on the first
• 18:19
  Kiyom. So then that uproots the first
• 18:21
  one. But he said it twice.
• 18:23
  So now the second one is still Khal and it's still upheld.
• 18:29
  OK, unless you do unless you do Hashalla on both of them.
• 18:34
  No, no Aisha Shah Nadra, the heat piece Akher benadaria.
• 18:40
  OK, so we had this similar situation when it came to Ataris
• 18:43
  Nadaram. So now we're we're here in the
• 18:47
  and the Simon about doing Hafarah.
• 18:49
  So it's a little bit different. A woman makes a nether and
• 18:54
  someone else next to her here is the nether and says that's fun.
• 18:58
  I like that idea. Or, you know, I need an oven for
• 19:01
  something. I want to take upon a nether,
• 19:02
  whatever it is. And he and and this person
• 19:06
  listening is Matfis Akha is Matfis benaderea.
• 19:13
  And basically what does she say? She goes, she hears it and she
• 19:16
  goes, I need Komota. I'm like you or I'm copied you.
• 19:20
  I'm going to make the same leather as you.
• 19:22
  You say it's some kind of a lush on like that.
• 19:24
  I'm doing the same as making the same leather as you or Shavua or
• 19:33
  she makes another on this key car and then someone else is
• 19:37
  listening and is and says I'm making the same leather on that
• 19:42
  key car, just like you on his thing.
• 19:46
  But just like your kikar, the Hafer la haba.
• 19:50
  And now comes the husband or the father of the first lady.
• 19:55
  So he could do Afara to her, but this other lady or man has
• 20:00
  nothing to do with this father. They're not related.
• 20:05
  So then so whatever the the father, the husband does Hafara.
• 20:10
  So of course it works for her, right?
• 20:11
  We're talking about a normal case where it works.
• 20:14
  So he moved Teret. But this is the fetish of the
• 20:16
  case, the Hamat pispa ASA. But the one who does The Who
• 20:22
  copied the the this lady, he's that person.
• 20:26
  Man or woman is stuck with the answer because they're not here.
• 20:31
  Let me read it inside. She aina valve of Okri mananda
• 20:34
  me Caro right. This is the principle you
• 20:38
  mentioned that a father and a husband when they do have fara,
• 20:42
  it's from here on in it's not retroactive.
• 20:46
  So they're they are doing they're doing it O cream.
• 20:49
  They're uprooting it only from right now and onward.
• 20:53
  They're not uprooting uprooting it back in time.
• 20:56
  OK, then bet najrahi vahitpis BA ha BA al O of what happens if
• 21:06
  she makes the nether, right? She makes the nether and the
• 21:09
  husband listens and he goes, oh, I'm going to copy her.
• 21:12
  The husband or the father copies his wife or daughter and says
• 21:16
  I'm doing the same, that they're just like you.
• 21:18
  So shuve enam Yuholi mahaffir, they're no longer able to do
• 21:23
  hafarah because they heard about it and they added themselves to
• 21:29
  her by doing that. They have a kiyum.
• 21:34
  They obviously you liked it because you're copying them.
• 21:37
  So we say that that itself is a kiyum and can't be undone.
• 21:41
  Another who of the he it's peace of of southern.
• 21:44
  Another who the he it's peace about he makes another, she
• 21:49
  copies him. Mayfair, Shalava, Shalaya.
• 21:55
  So it's he made it. She copies him.
• 21:59
  She made the she copied him after.
• 22:02
  So he had not he he didn't say anything afterwards yet.
• 22:08
  So he has complete jurisdiction to the do a comma or Hafarah on
• 22:14
  hers and his even if he's made for his hers, he can't undo his
• 22:20
  he can. No, no man can can do a Farah on
• 22:23
  his own. OK, one more noon dollar.
• 22:26
  Not not darling Otsmo, the Hadira Kimoto.
• 22:29
  He makes another for himself and the Hadira and and also to his
• 22:35
  wife, or to this right, to the daughter of the wife, the Gamar
• 22:39
  Bulibo. The hadira he has in mind.
• 22:41
  He wants her to take on that nether, right?
• 22:45
  He's making the nether for him and he's making the nether for
• 22:48
  her, the Amara Amin, and she says Amin.
• 22:51
  So again, he chose to make the nether for her and she answered
• 22:56
  Amin. So by her answering Amin, it
• 22:58
  became binding, right? A man cannot force the nether
• 23:01
  onto his wife or daughter unless it's his own object that we're
• 23:04
  dealing with. But normally speaking, a man can
• 23:07
  never, this is important. A man can never make a nether or
• 23:10
  a Shua for his daughter or wife. They can.
• 23:13
  They have the right to do a Farah but not to make the
• 23:17
  Nether. So she answers Amain.
• 23:19
  So it's Khal. And now Hare is a any akala
• 23:22
  Hafar. But because he initiated and
• 23:24
  wanted it, that's like he was a Makayamit and he can no longer
• 23:27
  do a Farah, the IM nadar, the hedira Dara shayla.
• 23:32
  But if he made another for himself and then he didn't make
• 23:36
  her do the nadir. He asked her if she wants to
• 23:39
  make another. He said it as an option for her
• 23:43
  to opt in or not opt out. So it was a Derek, I believe,
• 23:49
  but to know if she wants to or not, right.
• 23:51
  He verbalized it for her only if she wants it.
• 23:54
  He wasn't asking her to do it. So that's not akil kegon shamar
• 23:58
  allaha tirzi Benedder's Ed. Do you want a copy of my nether
• 24:02
  Liotta Kamoti to be like mine? Oh, oh lo or not the Amara amain
• 24:07
  and she says yes, I raised. So then it becomes of binding on
• 24:12
  her because she made the nether by saying yes, but he never
• 24:16
  stated and pushed the nether on her.
• 24:19
  He asked it to her. So therefore that's not called
• 24:23
  the Kum and Hareza Maefrella. He still has the right to do how
• 24:26
  Farah Kate said. We're just going to say it again
• 24:29
  real quick with the explanation, with the example Amarilla, he
• 24:32
  says to her, Hareni Nazir viat, I'm a Nazir and so are you
• 24:38
  Klomar Vyat Nazira Kamoti, and I'm making you a Nazir just like
• 24:42
  me. So again, he can't make her a
• 24:45
  Nazir, but he can state and wish for her to be a Nazir the AMR
• 24:49
  Amin. But if she says Amin, then she's
• 24:51
  making herself a Nazir and he wanted it right.
• 24:54
  He just said so. So then any of Yahoolla Hafila,
• 24:58
  he's no longer can do it. That's automatic kill Almar
• 25:02
  Allah. But if he said to her hareni
• 25:04
  nazar, listen, I'm becoming a nazar uma, tell me and what do
• 25:09
  you say at Nazira Kamodi? You want to be a nazar like me?
• 25:12
  So then the Almar Amin, if she says yes, it's khal on her, it's
• 25:16
  binding on her, arreza yafir. But you can still do alfara VM
• 25:20
  hafar Allah shalo. And if he does hareza yafir veim
• 25:26
  hafar Allah and if he does do hafarah onto hers, so then
• 25:31
  shaloh afar Allah shaloh batal shazaki Misha tala nidro de
• 25:39
  nidra. So this is interesting.
• 25:42
  Then he says if he does so, he has jurisdiction to undo hers.
• 25:46
  And if he undoes hers, his also becomes battel.
• 25:50
  Because in this case he was told of his own neder on her neder
• 25:54
  and amaralo if he told her she told him Irani Nazira the act
• 26:00
  I'm becoming a Nazir and you also I want you to be a Nazir
• 26:03
  with me, the Amra Amin and he says yes in the Yahoo Lahafir.
• 26:08
  You can no longer do it because you verbally that that counts as
• 26:12
  his kiyom.