Latest / SHULCHAN ARUCH YOMI: Own the Halacha in 25 minutes a day! / Yoreh De’ah 211:1-4. Vows: Stipulating, Annulling, Kol Nidrei
Transcript
- 0:00OK. Hey, good morning.
- 0:02We're continuing. Simon.
- 0:03Raish Yud. Aleph Belkhos.
- 0:05Nadarim. OK Aleph.
- 0:08Omer. Nader.
- 0:10Shiny Rod Selidor Loya. Hey, Nader Venadar.
- 0:14So a person says I'm about to make Anader, but I don't want it
- 0:18to be another. I'm just saying it for fun.
- 0:21And then he says it's Nader. But he said right before it's I
- 0:24don't want it to be called. It's just I'm playing around.
- 0:27So then ain't no Nether. It's not a Nether because you
- 0:30made it tonight. At the same time that what
- 0:33you're about to say is Buttle has no, no, it's void null and
- 0:37void has no validity. So then it's not we're going to
- 0:41see and see if Beth where. That's why I'm pointing out
- 0:44here. You're saying at the same time
- 0:47on this Nether, it's not going to be Hull.
- 0:49So it's clear it's not Hull. See if Beth is going to be a
- 0:52little bit time delay, it's going to be a little bit
- 0:55different. OK, Ahmed varim ammorim.
- 0:59Now, when do we say that if you make a tanaya against your own
- 1:04Nader that it's not going to be called Shahodzi tehila biswatab
- 1:10because you verbally said the Nader and you're verbally saying
- 1:15you have to verbally say that The Tonight that it's not going
- 1:19to that's Bata Lamar shaloh yehey Nader, you have to say
- 1:24those words or any similar meaning of words.
- 1:27And the language of this is not going to be another avau IM
- 1:31khashaf ka bilibo. But if it's only in your mind,
- 1:35you thought that it's not going to be a nether and but you only,
- 1:39you verbally said the nether out loud and only in your heart and
- 1:44your mind did you think that it's not another.
- 1:47So then we apply that. If everyone agrees, we apply the
- 1:50principle Havi Dvarim should believe the Anam Nvatlim and
- 1:55Neder Shahozi Biswatov, because Dvarim should believe Anam
- 2:00Dvarim. The fact that you had in mind
- 2:02that this is a joke, it doesn't help that you're making a tanai
- 2:06on it. And it doesn't help that's the
- 2:09Makloka we mentioned yesterday that applies here or not how it
- 2:14applies exactly, but it's it's a little bit different because
- 2:18here you're the tanai is like a separate phrase.
- 2:21It's a separate step on to the the nether.
- 2:24So that that's that's the Philip.
- 2:26OK, so now what is the yeesh Omrim, the Afilu Omar Kane
- 2:32bilakhash havi kadvarim shibbolei.
- 2:35So what happens if you are whispering here?
- 2:39He says the words bilakash. So the definition of this word
- 2:44is actually debated. The let's put it like this.
- 2:49If you say it too quietly, we're going to find out what that
- 2:53might be. If you say it too quietly, then
- 2:56it's this this Yesh omring opinion says it has the same den
- 3:00of it's in your heart and it cannot work to be Mavato the
- 3:05nether. You have to say it.
- 3:07You have to say it's so loud enough.
- 3:09OK, now what is that? So according to the the the Taz
- 3:15and the Bach, he quotes his father-in-law.
- 3:18So they old it has to in order. It's as long as you can hear it,
- 3:23even if nobody else in the room can hear.
- 3:26It's a really, really soft whisper, but your ears can hear
- 3:31it. It's similar to it's Fila and
- 3:33Kriya Chima, then your Yosei and that works.
- 3:36That's called the dbore and that works to be at tonight.
- 3:40And that's that's right. That's just as long as you need
- 3:45if you know you're the air is coming out of your mouth and you
- 3:51you can't even hear what your own saying.
- 3:53So then that's everyone agrees it's for sure the Lahash and
- 3:56according to the siege Omrien it's not good enough.
- 4:00OK, the Shah and the Arashochhan hold that it needs to be
- 4:05bikoram. It can iron sham for the
- 4:06reasons, but basically they hold it has to be loud enough.
- 4:11You made a declaration of a net there.
- 4:15So your declaration has to be a normal declaration of a tonight.
- 4:19Can't be, you know, has to be it's not that it has to be
- 4:22exactly on the same level, but it has to be substantial enough.
- 4:26And how loud? So the Shah says Koh Rahm and
- 4:30Araka Sholkhan says it's obviously his opinion, but he
- 4:33says the Shah agrees that he means like normal speech.
- 4:37That just means you don't have to get on a loudspeaker scream.
- 4:40It just means normal speaking. That's that's enough.
- 4:44That's enough. OK, Hugga, now I'm going to read
- 4:50it here because it's here. But really, as the shock points
- 4:53out, then you will see yourself. This really belongs more to
- 4:58sieve bet. I'm not sure if, assuming it was
- 5:02originally put here, it's probably like an intro.
- 5:05Pay attention to this then you'll have better appreciation
- 5:08when you reach the next sieve. Hagar the Roma says Vahad.
- 5:11I mean I'm Cole Nidre below Yoma Kipurim.
- 5:14Now we all familiar with Cole Nidre, right?
- 5:17We all say Cole nidre. I'm Kipur night and in it we say
- 5:24that we're doing Kilohatarisundarim for the from
- 5:27now to the next year. So can you can you just get up
- 5:31and put public and say Cole Nidre or ataris make a tanai on
- 5:35all future tonight. So what a Moda, right Haviki,
- 5:42Ilihit Nubahedya. It's as if you're everyone's
- 5:45getting up together and we're all making it very clear that
- 5:49any future nadarium are not going to be called.
- 5:54And so that's what it that's what Kolnidri does.
- 5:56When we call Makam, you're going to see see if bet you're going
- 6:00to see why it's it's questionable how well it works
- 6:05when we call Makam. So we do call Nidre to make it
- 6:08tonight and it does work right. And when you make it tonight,
- 6:12now it does work for the for the whole next year with the caveat.
- 6:17So therefore, when we call Malcolm Los Samchinan Alze
- 6:21Lahatyar, we don't rely on call Nidre la maisa beloche a La La
- 6:28without doing going to Arab for Tara Sundarium Ki Inlet
- 6:32Sorakado. If you abs you know, if it's
- 6:36great need you weren't able to do a tires and die and later on
- 6:39then you can rely on Cole Nidre, but not not lehrat Khila.
- 6:44OK, but OK, so let's see why me, Shahita Navi Ammar Kola Nadarin
- 6:51Shahadur Ozman ploni a person makes it tonight.
- 6:54He's about to make a nether before and he makes it tonight.
- 6:57Well, it's actually it's way before he says any nedra that
- 7:01I'm going to make in the until a particular time, let's say a
- 7:05year from now, you battalion, it's going to be I'm telling you
- 7:09right now this it's battal has no validity and I'm just telling
- 7:13you right now. This is my thoughts for the
- 7:14whole year. Vin Nadar, Battal Hazman and you
- 7:19may and then this person goes ahead.
- 7:21He makes his Modar tonight, like you said, and then he does make
- 7:25a Ned there within this time period.
- 7:28Let's say our examples, a year imozocher it's naobishata neder,
- 7:34Nedro kayyam shaharay mevatal Tanaobishashi noder.
- 7:39So in this year he does, he goes ahead and makes it tonight.
- 7:43He makes the neder, he makes the neder.
- 7:46So let's say he remembers when he makes the neder a month from
- 7:50now, then that he made it tonight.
- 7:53UVA calls us, he goes ahead and he makes the nether.
- 7:56So he remembers his tonight and he makes the nether without
- 7:59saying again, a new tonight at the same time.
- 8:03So then the Allah is he's a mvatel because he remembers his
- 8:08nether as tonight and he still went ahead and made the nether.
- 8:14That's like he is undoing his tonight of he made it tonight to
- 8:19mvatal the nether, but now he's doing his mvatal his own
- 8:22tonight. He is removing his own bittles
- 8:24and therefore he's left standing with his nether.
- 8:28And so therefore it's binding 100%.
- 8:31Risha Shinoda, all of you said The Tonight the same time,
- 8:36because if you're if you're doing it exactly the same time,
- 8:40then there's no I understand what you're asking.
- 8:43This is how it works. I can't tell you it's 100% has
- 8:47to be that this is how it's been concluded.
- 8:51If it's at the same time, it, it shows that you want it tonight.
- 8:54And so therefore when you do it at the same time, you want your
- 8:57tonight to be called. So it works if you come later, a
- 9:01day later, a month later or whatever the time period is.
- 9:04And you're not saying that tonight at the same time then it
- 9:08demonstrates that you don't care about your tonight.
- 9:11You want to undo it, right? If you say anything tonight at
- 9:14the same time and you want to undo your own tonight, and you
- 9:16wouldn't have said it or you would say I'm undoing you cancel
- 9:20your own tonight at the same time.
- 9:21You know when it's done later. You don't need to mention your
- 9:24own tonight. You already mean Eno Zocher
- 9:27Litano, Misha Taneder at tonight Kaya if he doesn't remember
- 9:31about his tonight, right? You made Cole Nidre and you
- 9:34later on, a month later, you made a Neder and you forgot
- 9:38about the whole concept of Colney Dre.
- 9:41That OK, So whatever your personal case is, you made your
- 9:45tonight and now you you, you forgot about it.
- 9:47So since you didn't remember it, we're saying when you made your
- 9:53net there, you didn't actively undo your tonight 'cause there
- 9:57has to be, you have to be actively in movato.
- 10:00So if it's, if you remember it, so we're soon, we're saying
- 10:03making the Ned there is actively being mivato.
- 10:06If you can't remember about it, you can't be mivato.
- 10:09Tanai kayam. So then the Tanai stands the
- 10:15Neder Batal and since the Tanai was against the Ned there, so
- 10:18the Neder never takes place. The Aish Omri, the Shena tanai
- 10:25moye levatel haneder Ala Inca is karenu toche dibor laneder.
- 10:31So this yeh almering basically is a problem for Arco Nidre and
- 10:38it says like this Tanai never makes a it's a major hiccup and
- 10:43it there's two ways to understand this yeh almering.
- 10:46We'll see the OK Prashad Shahanara is like this.
- 10:52If the only time a tonight will work later.
- 10:59The only way a tonight works is if you say The Tonight talk to
- 11:03the dibor. You can't make it tonight for a
- 11:05month from now. The Tonight only works to move
- 11:08out to the nether. If it's like if a if you wake up
- 11:11later, it doesn't work and right has to be talk to the dibor The
- 11:17Tonight to the nether, the Omar Bilibo SU Somerhal tonight.
- 11:21And you have in mind that you're relying on the nether the Yeesh
- 11:24Lahush Ladibraham and one should be Mahmar according to this
- 11:28opinion. The the taz as well.
- 11:33I think I'm trying to think, yeah, it seems like the Shah
- 11:37agrees with the Shah on earth, the the taz.
- 11:40And so the Maharit and the Maharishah, they say that no,
- 11:44no, it doesn't have to be takade dibor to the to The Tonight to
- 11:51the Ned there. It could be days apart.
- 11:54But when you remember The Tonight, then you have to
- 11:58remember then it has to be takade dibor that you Somerhal
- 12:06tonight that you wanted tonight to be Makayam.
- 12:09It's a subtlety. Let's but let's go on.
- 12:14It's OK, Let's let's go on Gilmour heatonet al Qatar
- 12:21tovarim sheh nidro batal behemoth.
- 12:23Any idea on my heat now? You made it tonight that on your
- 12:28future Nadaram is going to be batal.
- 12:30It shouldn't be hauled, but not on everything you you like.
- 12:34You put it a caveat you carved out from any from your future
- 12:38potential net there and tonight that it won't be hauled on
- 12:41certain items e-mail Akhilat Basar like on eating meat.
- 12:46If I make a net there against eating meat, I'm telling you
- 12:48right now, I'll make it's it's I don't want to I want to be able
- 12:51to eat meat and it's not going to be called or you love wine
- 12:56and you want to just make sure if you make a net there, it's
- 12:58not going to include wine. So you do something like that.
- 13:01But when you make the net there, you don't remember what the
- 13:05Tanai was, but you remember that there was that there was a
- 13:10tonight. See, this is a little bit
- 13:12different. We're building up different
- 13:14cases each time here. You remember that there's a
- 13:17tonight, but you don't remember what The Tonight was on.
- 13:22So I'm Omar Bish Atta Neder Aldat Rishona Nino der Shima
- 13:26skarmashit nati Shekhar tonight if when you make the tanai, when
- 13:31you make the Ned there, you make the Ned there.
- 13:33Let's say a month, a week later from your tonight and you don't
- 13:38remember what is if you'd right, we said if you totally don't
- 13:40remember of The Tonight, so then it then The Tonight works.
- 13:44But and if you remember of The Tonight, then it's like
- 13:48movotolite. But here you don't know what The
- 13:51Tonight was. So you have to say Aldas
- 13:54Rishono. What since you were a member of
- 13:57The Tonight, if you're going to make a net, a net there of right
- 14:02now, it'll be movotolite. But unless you specifically say
- 14:06no, no, I'm keeping to whatever my tonight was.
- 14:09So then as long as you say I'll das whatever my tonight was and
- 14:13then you're not you're saying you're not undoing it because
- 14:17here you know that there was a tonight.
- 14:19So the fact that you go ahead and make a net there even when
- 14:22you know there was a tonight. That's why it's it's it's
- 14:25different than the previous Allah.
- 14:27So anyway, so now that you you just have to mention that
- 14:30whatever my previous Kavanaugh was, whatever my previous
- 14:33tonight was. So then that should be call.
- 14:36And but it's and the nether is for everything like The Tonight
- 14:39works for what it works for and the nether works for everything
- 14:41else. And I'm gonna and once I and as
- 14:44soon as I remember, all right, look it up.
- 14:46I don't maybe I have it written down and then you look it up and
- 14:49then you'll follow what your tonight says.
- 14:51So that that works The Tonight Kayam.
- 14:55So then The Tonight Kayam, the Neder Bata.
- 14:59So then The Tonight is well, if the Tanai was on the was that
- 15:06matched your Ned there, so then the Tanai works and the Neder's
- 15:09bottle, obviously, if it doesn't match, so then you didn't make a
- 15:12Tanai. And then like if you make the
- 15:15like, if you make a Tanai on Fu on Basar and now you make your
- 15:18Ned there on Basar, so then the Tanai works and there's no Ned
- 15:23there. Obviously, if you made the Tanai
- 15:25on Basar and you made your Ned there on Yain, nothing to do
- 15:29with each other. So both will remain standing the
- 15:32Lo Amar aldas Rishona. But if you don't mention and my
- 15:36Aldas rishona on my previous das knowledge or statement of the
- 15:40Tanai and you know there are Tanai batal, the neder kayam.
- 15:45So then it makes no difference that Tanai is going to
- 15:47automatically be Batal because you knew of a Tanai and you made
- 15:51a neder. So that's going to cancel any
- 15:53Tanai and whatever the nether it was made for, it's going to be
- 15:57kayam. OK, let's do one more Dalit
- 16:01ain't Variam William Ella be Shivua or Neder, but we're
- 16:05talking about it goes applies to a shivua and a neder Shanishba
- 16:10venadar la Atsma. When you make a a normal a
- 16:14normal shivua and a normal neder for himself.
- 16:18Basically every case that we kind of mentioned until now, a
- 16:21regular shuwat be doing a regular neder on a Heifetz.
- 16:25Those are things that these everything we learn now applies
- 16:30of all that tonight works. When does it tonight not work?
- 16:35So the shock just points out or about just to point out when it
- 16:39says because of the word shivua, He says if you do a shivua by
- 16:43holding an item, so then it might not work.
- 16:48But Hercule, for example, Conidre might not work Daf gets
- 16:57filled in recipotary. OK, OK, we'll get there at some
- 17:03point. I believe now it's fine back to
- 17:05the shalkhonara Avalmisha. He should be O calvero O dearo.
- 17:11So what happens if your friend is saying the the obviously, if
- 17:18a friend makes a Ned there on his object against you, so
- 17:22you're tonight is doesn't mean anything because it's his Ned
- 17:26there. But even if OK, it depends on
- 17:30the actual case is what it boils down to.
- 17:32But basically, if he's making a net there for you, you're
- 17:36relying on his does. You can't also make tonight
- 17:41Hadiro. Sorry, he's making another for
- 17:43you, exhausting his stuff against you.
- 17:45Anytime, any case, whenever kind of assure that it's dependent
- 17:49upon the dos of your friend, the other person, then your nether
- 17:53is not going to work against it because you're relying on his on
- 17:57his dot. He's the one who's wording it.
- 17:59Obviously, if you say I'm main, but with The Tonight, probably
- 18:02that tonight will work. Not 100% clear.