Latest / SHULCHAN ARUCH YOMI: Own the Halacha in 25 minutes a day! / Yoreh De’ah 215:5-6. Vows: On Customs, a Mitzvah, or Prohibition
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- 0:01OK, good morning. We are continuing Helkos
- 0:03Nadarium reshtet vav. Hey, OK, our topic is reshtet
- 0:10vav of Nadarium on a mitzvah. But I want to just take one
- 0:14quick, quick step back regarding this is a big topic is minhug if
- 0:21a person is no Hague. So we learned already if you're
- 0:24no Hague, if you're no Hague to do a something like a dovar
- 0:29mitzvah, siagla mitzvah, precious lushim shamayim.
- 0:34So all that if you do it even once with Kabbalah, so right
- 0:38without speaking, that has a din of a Ned there, at least on the
- 0:42Darabano level. And if you did it three times
- 0:44without Kabbalah, a clear Kabbalah in your mind, you
- 0:48learnt that was a Mahlokit acronium.
- 0:50So I just want to point out that postgame do mention to be very
- 0:53careful. If someone says I'm going to a
- 0:56wedding or I'm going to your wedding, you tell somebody or to
- 1:00a base aval, right, Someone sitting Shiva.
- 1:03That might be that might be considered a a din of a neder
- 1:07because you said you're going to go do a dovar mitzvah.
- 1:10So you should always say that with Billy Neder or I will try
- 1:13to go or something and then you better just try it.
- 1:15But then it's a lot better. Perhaps pseudos mitzvah visiting
- 1:20somebody who's sick, visiting or taking care of parents to do a
- 1:24particular cassid. I just want to point that out
- 1:26that not possibly over here, but that is a real question.
- 1:32OK? So one should be careful to say
- 1:34blee neder or or do it or probably hataris nadarn.
- 1:39OK, I also want to point out we learned that no Hague to do a
- 1:46davar mitzvah is a din of another.
- 1:50What happens if a person doesn't verbally say he's going to do
- 1:53another, but he does a no Hague, a davar shal khumra.
- 1:57In other words, it's not a Taos, right?
- 2:00If it's no egg but Taos, he thinks he has to do a halacha
- 2:03when that's not the halacha. That's nothing, right?
- 2:05That's what we passed. But what happens if you know
- 2:09it's mutter, but you want to be mahamar, like the mahamar
- 2:13opinion, not the ikar. I didn't because you want to be
- 2:16mahamar. OK, Does that have the same, the
- 2:20same halacha as like like no egg, dove or mitzvah?
- 2:25And even if you have a mind to do it permanently, do you now
- 2:30need hataras Nadarim? There's no hate.
- 2:33So I would think Pashtas it is the same thing.
- 2:38And 1 needs to do that. That's like a dovar mitzvah or
- 2:41precious. And 1 needs to that's what it
- 2:44seems to be. And it's that's the ferush, the
- 2:46halacha and the pre kadash, the araka Shokhan.
- 2:50And in the Rashba, the araka Shokhan brings it on Khuli.
- 2:55And I, I looked it up that it's anyways, however, I will point
- 3:00out for a completeness and perhaps in certain whatever the
- 3:08Simas Simas Binyamin says, if it's only medin Khumra, it's
- 3:15built in that you don't have a complete Kabbalah, but you're
- 3:18just doing it as a khumra. So a lot of it really depends on
- 3:22when you take it upon yourself as a Khumra.
- 3:26Well, it's better to do it, not to do it three times without
- 3:29saying blue nether. And then it's depends on what
- 3:32kind of kavana you have. And there are times the post can
- 3:35point out that if it's case is a Suffolk, especially fake sphaka,
- 3:39but even a Suffolk, sometimes we can use Colnidre as a as a way
- 3:44out 'cause we, if you make that Moda ahead of time or if in your
- 3:48version of Ataras Nandarian, you make some kind of a Moda for the
- 3:51future that we learned by tonight.
- 3:54But anyways, in general, most of the post schemes say you a
- 3:57khumra is can be binding as another.
- 4:01But there is right, there is an opinion.
- 4:03And in the Shari Chuva in the end of see, it's an orchheim,
- 4:09the end of Tav Samer, he discusses it and he says, F
- 4:13Shar, if you have in mind just as a khumra, it's not going to
- 4:17be binding. Again, part of it really depends
- 4:19on what we assume your Qvana is or what your Qvana was.
- 4:23He speaks we're not quite at Helkos Pesach yet, but we're
- 4:26we're getting there. So I just want to point out so
- 4:28he talks about it by this is like this.
- 4:30If it's Matzah Shimura, you haven't you, you make a Kabbalah
- 4:34or so you're no Hague and you have a mind, you're going to
- 4:37accept it upon yourself. So Matzah Shimura is based on
- 4:43keeping a mitzvah. You want to make sure you don't
- 4:46need Kamets so that he says everyone for sure says is Khal,
- 4:50his Suffolk, and he says Afshar as mutter is, let's say, and
- 4:54there is everyone agrees. If you're doing to say to do a
- 4:58mitzvah or a siyag for a real mitzvah, that's clear as it.
- 5:03It can be a din nether just by no Haig those things.
- 5:07The the Suffolk in the post game.
- 5:09I mean again, I I think the most say it.
- 5:11There's no, there's no killer whatsoever, But the what I'm
- 5:14just raising is if it's, there's no mitzvah really.
- 5:20You're making up to follow an opinion that according to you,
- 5:24there's it's, it's, there's no isser and you're not, it's not a
- 5:28siyag for an isser. It's, it's in, it's in separate
- 5:31opinion. That's the Mahma you only eat
- 5:34from this, this Kabura Ashka. OK, maybe.
- 5:42But his example was a Matsa Shuria.
- 5:46Yeah, cabrachs are having matzah in water.
- 5:51So there he says, really, MI Carden, there's no such a lacha.
- 5:57There's no problem there. That's a case of you accepted
- 6:01upon yourself to be mahmir on something that's not really even
- 6:04a mitzvah. So therefore I'm just throwing
- 6:09out his again. There's always what's, you know,
- 6:10different ways to look at it. This is the Shari Chuva, so he
- 6:13says on this Khumrah, maybe you don't even have to do a Tara
- 6:16Sundaram. You can just cancel it out.
- 6:19But again, it depends if you're part of it community and not
- 6:22community. That's some things are hard to
- 6:24get. Talaka, you know different
- 6:26opinions of Maison based if it's based on your halakha, who you
- 6:31know your psak of your Rav or your community or is it based on
- 6:35not a halakha? In other words, you're being
- 6:38like a different opinion. That's not the halakha and you
- 6:41don't have to be Mahama like him, but then you're but but but
- 6:44you choose to be Mahama like that other opinion.
- 6:47So that's not for you. For completeness, I would like
- 6:50that. Maybe that was interesting and
- 6:52let's read inside. Hey, involve had in a Darian
- 6:55Khali Madavar mitzvah. OK, so we already learned the
- 6:59basic you said that a neder can be hulled on a Dover mitzvah,
- 7:03right? Not always.
- 7:05Let's we have to clarify the concept we learned already.
- 7:08Now let's home in a little bit. And here's an exception.
- 7:11Basically, daf govern mitzvahs assay.
- 7:14The only time a neder can be hulled on a Dover mitzvah is if
- 7:19it's a mitzvahed assay. Because in other words,
- 7:22something is already permitted and now you're coming along to
- 7:26make it aser from scratch. There is a mitzvah to do and now
- 7:30you're making it aser, but there was no isser already.
- 7:35Let me, let's say, let's see an example.
- 7:37Bain shyeshpa ase greida, Bain shyesh ase bikiyuma.
- 7:43Whether there's an assay just that happens or an assay by by
- 7:47actually doing it. But there's different types.
- 7:49You're not going to get into it. Different types of mitzvahs.
- 7:51Some are more passive, some are more active, but they can all be
- 7:55an assay. So whatever it is, of course,
- 7:57and khal, another can be khal and prevent you from doing it.
- 8:02Example could be mitzvah, sukkah, Lula shofar.
- 8:05Those are all things that you do and you can answer it to you,
- 8:09right? Those examples we saw, right?
- 8:11Velotas EV bitula. In other words, a neder.
- 8:15I know, I know. Khal is Neder is Khal Bengshesh
- 8:19ase bikuma the low to acevede vitula the NF fresh one second
- 8:27ven vencia ace bikuma the low to acevede vitula.
- 8:32Even if by not doing it you are violating a love, it's still
- 8:38going to be called. What's an example is let's say a
- 8:42husband and wife tashmish. So there's an so there's it's an
- 8:47act to do it, but but by not doing it, you can be over the
- 8:52onata LO igrav doesn't matter. We're talking about a positive
- 8:57action that was mutter and you made it us even if, again,
- 9:03secondarily, it'd be there's a lot tase involved, but but
- 9:07that's what we're talking about. The action itself is mutter the
- 9:11NF fresh buzzer Ben is we're going to see when we keep
- 9:15cheating. You'll see the opposite the
- 9:16converse coming up, the a in hafresh Baze Ben isser Obama a
- 9:21love the isser Haba aye de atzmo.
- 9:23Doesn't matter if the isser happens on its own from somebody
- 9:27else or from the Torah, whether the isser is and you bring it
- 9:32upon yourself again. This really is for the for the
- 9:36future, so we'll keep reading for the rest, the second-half of
- 9:40this eve al mitzvah salota SE da alma.
- 9:45But anytime you have a love in the Tara, right Amitzvah
- 9:48darayza. Anytime you have a love in the
- 9:50Tara and you want to make another against a love Ino khao
- 9:56Bain would be tulo, Bain be kiyumo.
- 9:58It's never going to be khao. Whether it's more passive or
- 10:01active, it doesn't matter. If there's a love in the Tara,
- 10:06then it's not going to be it's not going to haul.
- 10:09You're not, as Arashohan points out in Isser Hal al Isser.
- 10:15That's really where it comes from.
- 10:16This is the the source really is Hey, the whole of Hey that we're
- 10:20learning is well, Hey and Vav are both based on the Gomar and
- 10:24the darn. But hey is how the Rashva learns
- 10:28and Vav is going to be how the the tour, how the tour learns
- 10:34the tour and the rash. So let's keep reading this is
- 10:38the some main opinion is hey, right?
- 10:44And also this concept is similar to the whole concept of Neder
- 10:47that it has to be called in a dovar Hanadur, not a dovar.
- 10:51So anyways, it's all it's all related.
- 10:53So let's go, let's keep reading Kate's side.
- 10:56OK, so what's the example? What are we talking about over
- 10:58here? Haresh almarakhilas navella alai
- 11:01Ena nederhal Allah, a person takes a piece of meat that's
- 11:05novella. It's already ushered to him with
- 11:07a love. And then he goes on and then he
- 11:10says Kona malai isserzen, right? So then is it Khal?
- 11:15Can't be Khal anymore? Because in isser khal isser you
- 11:18can't have a nether on something that's already mamash asser.
- 11:22Now wait, it's not only a love from the Khamesh, it's also
- 11:26vuadeni isser haba aya de atsma. If he created an isser, I
- 11:31believe only in isser Dar isa. That's what it seems like.
- 11:34But anyways, he created upon himself an isser or an isser dar
- 11:38isa Keggone. He makes Amar ES shivua Shiloh O
- 11:43Ki Karzai. He makes a shivua that it's ASA
- 11:46for him to eat this bread. So it's a shivua.
- 11:50It's on the gavra and he already made that isser.
- 11:52So then he already there's already an Isser Dar Isa because
- 11:55of his Shivua and the love is is about Yahel Leyahel de Varro.
- 12:01So the Khazar and then afterwards, if he already made
- 12:03this Asar and then he were to go and say the Almar Ki Karzai
- 12:07ain't Ohio. If he were to say afterwards
- 12:11make another Ki Karzai Alai Korbaan or Asar, whatever it is.
- 12:15So then it's not it's not going to be high of it's high of on
- 12:18the Shua in a in Ohio de Shua. It's only going to be high of
- 12:24once can only another cannot make you.
- 12:27You can't be higher again with the love of another by something
- 12:32that's you're already higher for the same.
- 12:34I Amar shavua ashta vikhaza Amar hareni nazer and if he makes a
- 12:41Shiva to not drink wine and then he's going to now he's make and
- 12:45then he's going to make himself a nazer similar to another.
- 12:49The Shatani drinks Inohaya Vela has I know by called the Shiva
- 12:53is only Kaya for violating the Shiva of all the nazeros low.
- 12:57He didn't violate Nazeros because he made a nazer on the
- 13:01wine that was already assured to him, at least the rice.
- 13:05Ella MK nisha al hashvua. Now this is interesting.
- 13:10A person which we started to mention, a person could be
- 13:14Shoal, could be matir Hashvua. And when you're matir hashvua,
- 13:20it goes Lima Freya. That's the difference between
- 13:23Hataras nadarian and Hafaras Nadarian.
- 13:25But we'll get there later, right?
- 13:26Hafaras from now on onward, you ataris nadarim, you're undoing
- 13:31your nether from the very beginning.
- 13:33You go back to when you made it a week, a year, whatever it is,
- 13:37and therefore Azkala naziro Salah.
- 13:40So then it comes out that when you made yourself a Nazir on
- 13:43this, you weren't it. It wasn't usurti of Bishwa even
- 13:46retroactively. And so therefore of another, the
- 13:50the noder Khal or van Neder Khal Amisha Nishba Shahishan or
- 13:56Shahisha of Alpha P shisha V2 Alotasi.
- 14:00Now, if you make a shivuah that you're gonna sleep or drink,
- 14:04then the nether can be hull because that is an it's an
- 14:07action. There's no, it's not a it's not
- 14:09a appreciation should be too. It's because by not doing it,
- 14:17there is a a love because you made a shivuah 2 sleep.
- 14:21So doing the action is mutter and that's what you're supposed
- 14:24to do. So then a nether is Hull.
- 14:28OK, look at that case we were just read.
- 14:32A person makes a shrewa that he's going to sleep or he's
- 14:35going to eat wine. The shrewa was to do something
- 14:37positive similar to do in the mitzvahs, a circus, a Lula.
- 14:43Another is Hal can be Hal on such such an idol.
- 14:47OK, right. And Natasha's the opposite.
- 14:52I think we kind of said it. He says also.
- 14:55But if you make a shivu at it, you're not going to sleep.
- 14:57Then the Khal. Wait a second, you should wash
- 15:01it. No, let's go on.
- 15:03I don't know. It seems to be the same.
- 15:04Let's go on. Valve.
- 15:06See Eve valve. Yeesh.
- 15:08Omrin. Now this is the rasha natur.
- 15:12She in nadar midwari masurin Kagan Navela si truvos Khal and
- 15:16Nader. So they learn that the Gemara
- 15:18diamond says no, you could have a nederhal on in it on an esser.
- 15:24So it's a totally different opinion.
- 15:26The EM Okhal mayhem over below yahal.
- 15:28And if you add a neder on on the Nevealus, the trefus, so then
- 15:33you can have a Ned can be Khal and now you'll have two loving
- 15:37one for Neveala and one for the Neder.
- 15:43OK, Ava E meetpis by Hemdavar Ek Aker enonitvas Shane daito Ella
- 15:49B ikar ha Issa the habile Matvis badavar ha asar.
- 15:54But they do agree that it is a davar asar and you can't be
- 15:59Matvis on that, right? That's what we learned one of
- 16:02the lashonos of how to make another so that you can't
- 16:05because it is still is an Essar. So you can't it's it has to
- 16:09still be a davar Hana doer. It's two separate topics. 1 is
- 16:14being mockpiece for a lotion. It has to be another lotion of
- 16:17that's was was originally mutter and here separate Sugya.
- 16:22Try not to get confused here. It's a question.
- 16:24Can you have another Khal on an isser or an isser Khal on an
- 16:28isser for for Hilkos Nadarin. Really they're they sound a
- 16:32little similar, but they're really different.
- 16:33Aval Davar shast or me darabanan, But anytime we're
- 16:38talking about Justin Isser Darabanan Vassar Allah Blasio
- 16:42neder and you do make a lashon of a neder Allah.
- 16:45We hit piece Podova and you say that you're going to be this is
- 16:49going to be user to you like this item.
- 16:55So then nitpas veneder vassar and then it is you can be a
- 17:02mouthpiece on it and it is an app and a neder der Isa and it's
- 17:07user because MIDI araisa it really is Adavaranador.
- 17:13OK, can the shock just reminds us?
- 17:18But if it's an Ammar, let's remember.
- 17:19So then maybe you have to be strict.
- 17:21That's that's from before. OK, let's read the Haggad
- 17:25Hanoder O hanishpa shaloleko matzo Bella pesa.
- 17:30A person makes a net there or a Shiva and he's not going to eat
- 17:34any right. It has to be worded either like
- 17:36a net there or like a Shiva, whatever it is to not eat matzo
- 17:41on the night of Pesach. So it's Mashima we're talking
- 17:45about shmura matzo, whatever something or any matzo maybe
- 17:50really any matzo that you could be yotse.
- 17:53I believe it would be any matzo that you could be yotse.
- 17:56Because even though we prefer to have shmura matzo, it doesn't
- 17:59have to be in matzo. Ashira bikla, so the Ramakharov
- 18:04says so it sounds like regular matzah is called, but matzah
- 18:08Ashira is not called because you specified leil Pesach.
- 18:12Matzah Shira. You can never Beyoncé on Leil
- 18:15Pesach because it's there's no, there's no, there's no water in
- 18:20there of all IME, not Darshilo Leah call matzo, call a Shana.
- 18:25But if you make a stomnet there for any matzah all year, not
- 18:28just leil Pesach or even I think all the days of Pesach, probably
- 18:34perhaps pence OK, different mean hug him how to eat matzah Shira.
- 18:38Maybe that matters fine, but let Simply put cola Shana, that's
- 18:42not a question Efshar del matzah ashira bichlal.
- 18:46So then he says maybe you need to do a Taras nadarium and
- 18:51that's what seems to be the Laha is if you want it.
- 18:54If you make another against matzah the whole year then it's
- 18:57user to eat matzah Shira because Matzah Shira still is matzah so
- 19:03has that name but it's not 100% clear he leaves it as efsha and
- 19:07the Shah points out if a person makes a shivua not to eat matzah
- 19:11and El pesa, that's a shuat Shah and he's gets a loca and he
- 19:15still has to eat.