Latest / SHULCHAN ARUCH YOMI: Own the Halacha in 25 minutes a day! / Yoreh De’ah 232:18-233:1. Vows: When Binding, Understood Conditions; At What Age, Adults or Minors
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- 0:00OK Ray Shalam bet he'll host nadarium see if your hat shoot
- 0:05Tafim Shiberu Dianim Bikoa herim all right so two guys are
- 0:11arguing little dispute how to deal with it and they say we're
- 0:15going to you know, choose a based in choose this rabbi 3
- 0:20Dianim whatever it is with the herim that if we back out back
- 0:25down and not want to use this this these three people or
- 0:29person based in whatever it is and make a theorem they agree to
- 0:33it. The qayim mashed Igzuru alayim
- 0:37that they're going to accept whatever they're told to do OK
- 0:41the akharc, the ekhad mihem masar mudah shalak Kibel Allah
- 0:47and ivarim. Now one of them he let's see, he
- 0:52wrote it down. He made he wrote some I don't
- 0:55know. He wrote it down, told someone
- 0:58in secrecy that really or in his mind I'm not really accepting
- 1:03these rabbis or this based in I don't I don't rely on them.
- 1:07I'm not going. I only said this Ella kadeshi
- 1:11tamet Mashakhayavlo shahya shahya yare Shama Yahish Shahid
- 1:18one second Shama Yahish Shahid Khilomar.
- 1:22In other words, I needed to do this because if I didn't show
- 1:30how serious I am and I'm willing to pick someone, then the guy
- 1:34was going to get out of it or lie or something.
- 1:38And or, or, or he might think, whatever the case is, you might
- 1:44think that those dayanim are going to listen to whatever he
- 1:46says. Maybe he donates money to them,
- 1:48he's friendly with them. He thought he had an ace in the
- 1:50hole and he knew he figured it out.
- 1:52Whatever it is. He didn't tell us that that was
- 1:56just in his mind or he wrote it down somewhere.
- 1:59The the Akhar Shagazru. And then they make their they
- 2:04make their din, these, these three people and Ivarium.
- 2:09And then he whips out the piece of paper from his pocket or he
- 2:12gets someone to testify for him here.
- 2:15Ah Moda Azo to and he, he shows this Moda that he really wasn't
- 2:21serious. The Amar shenur de la cabella
- 2:24mashi adin Allah but Diana kahal but didn't.
- 2:29So OK, we'll save it for Khoshi and Mishpat, but well, whatever
- 2:35I must. I believe even if there's Adim
- 2:38but I'm not, I can't tell. I can't say it for sure.
- 2:40In other words, he did. He made this harem with this guy
- 2:46and he's not disagreeing with the harem.
- 2:48He made the harem and there was nobody else in the room and he
- 2:51didn't, he didn't take back his word at the time.
- 2:54He was, he said it seriously. And if afterwards he wrote it
- 3:00down or afterwards he told Adium, I don't think it makes a
- 3:03difference. But I can't tell you for sure.
- 3:08The Kabbalah's harem was just between him or witnesses that
- 3:12all saw them make the harem. There was no question about the
- 3:15harem anyways. So then after, bottom line, the
- 3:19issue is after he properly accepts upon the harem, upon
- 3:24himself, let's say there were Adrian who saw the harem.
- 3:26Make it simple. Everyone knows there's a harem.
- 3:29There's no question about it. The Adrian were there and there
- 3:32was no mode at the time. He didn't protest or take back
- 3:35what he said. He, he, he signed the deal that
- 3:38he's going to accept this arbitration or whatever the case
- 3:41might be, these rabbis. Then afterwards he goes, you
- 3:44know what? I never really accepted it.
- 3:46I only did it in order to maybe get you to give in and then
- 3:50hopefully you would just give in and the whole thing would
- 3:52settle. He did it for whatever reason,
- 3:54but he's explaining to that to us after he already accepted the
- 3:58theorem. Well, that doesn't help.
- 3:59Even if you had it in his mind, we learned divine should believe
- 4:02in him. Divine doesn't work.
- 4:04So right, Unless it's something that we all assume it's divine.
- 4:08Well, unless we all assume he's not being serious, that's
- 4:11another story. But here it looks like he was
- 4:14serious and he didn't say so. Therefore you can't afterwards
- 4:17now say you know I wasn't serious.
- 4:19I'm only going to accept what the basin of the cities tells me
- 4:22to do, not just these three random people.
- 4:26Kevin Shakib al Allah baharim asur Lok restored dinam.
- 4:31So the laha is the kharim is binding and he must follow
- 4:35through or he's stuck with this. OK, let's go on to you Tet me.
- 4:42Shapira should be shot. Nidro alma net Nadar I raise it
- 4:47Kitola nidro be OTA dava. OK, now these last few cases are
- 4:52not exactly cases where it's these are not cases where it's
- 4:57not Khal, right? We had the four, Arba Nadarian,
- 5:01Kilo. It's not exactly 4, but we'll
- 5:03call them Arba Nadarian, where it's never even Khal to begin
- 5:06with. So we see Yutet and Kaf the the
- 5:13Nadarian. I mean, yeah, the Nadarian
- 5:15Arkhal. OK, so let's see what the case
- 5:18is here. When he made the Nader he put
- 5:21in, he said exactly why he's making the Nader.
- 5:28So if at the same moment you say the words of the Nether, you
- 5:32also say why you're making the Nether, then that's Kilu.
- 5:37You made a tanai on the Nether. Because everybody in the rooms,
- 5:40on the issue of Dwarim Shibbolevi Dwarim, everyone in
- 5:43the room understands and right, well, common sense, what your
- 5:48intention was. So therefore, it's right, it's
- 5:55not a case of Chicago. It's just a case of here you
- 5:57have a tonight. So the nether is is what it is.
- 6:02But The Tonight is there. It's as if you made The Tonight
- 6:05verbally without making you don't have to say a lush on of a
- 6:08tonight. You just have to say why you're
- 6:11making the nether. And it's as if you said the
- 6:13words on, on the following condition, the Imanis Kayamada,
- 6:17Varshanishva Biglalo and he made the nether, you know, because if
- 6:21something should happen, you know, I'm going to make because
- 6:24my family is coming to visit me here tomorrow or for the
- 6:29holidays. I'm making a shivuah to do
- 6:31something. So I didn't say it's on The
- 6:34Tonight that they're coming. I said because they're coming,
- 6:37I'm making a shivuah. So now if their trip gets
- 6:40cancelled, there's a war on, the planes aren't coming, whatever
- 6:43the case might be, then the Nedders or Shivua is not Khal.
- 6:48Because it was as if you made the words tonight mutter Kegon
- 6:53Shalmar Shanino said to Pelonid. Like what her person says, I'm
- 6:59going to, I'm not going to marry this woman.
- 7:01I'm making a Shivua Shavira because her father is wicked,
- 7:06this sham O Shamet, and then he finds out that the father died.
- 7:12OSHA ASA chuva, or he did chuva before he made the nether.
- 7:18In other words, today he's not raw.
- 7:20He's a good person. Aim Sari Khatara is either a
- 7:24good person alive or not alive. But he's not.
- 7:27He's not a bad person anymore. Filu met.
- 7:31What does the shock say? A filu met OSA chuva ahar
- 7:35haneder ain't sorry hatara. In other words, it is Khal.
- 7:40If he's not alive, then it's Khal immediately.
- 7:43If he is alive and he is raw, then it then it is Khal.
- 7:46Sorry. Then it is Khal and he's not
- 7:49allowed to marry her until he changes what he changes or dies,
- 7:54right? When he changes or dies, then
- 7:56he's allowed to marry her. And you don't have to do Ataris
- 7:59Nadarin. You say Mazato when he dies.
- 8:01OK, very funny. OK, Ansari Katara.
- 8:03Then you don't have to do Hatara based on his clear intent.
- 8:08That's how we understand what the shuvuwa is.
- 8:11And either it's not Hal or it is Hal and then it could be it
- 8:15could end. It could be a tokef at
- 8:17expiration date depending on if it's a facts change.
- 8:19The havoc evil piration noder al Zaha tonight is if you
- 8:23explicitly said The Tonight OK when she needs bottle needs
- 8:28bottle and neder and when the tanai is bottle then the neder
- 8:32is bottle. So it depends when it's
- 8:34nitbatal. If the Tanais nitbatal before
- 8:37the nether starts, then it never the nether never started.
- 8:40If it's nitbatal later on, then it is Khal immediately, but then
- 8:46it disappears later on depending on the nether.
- 8:49Fine, let's go on to Kaf, the ode Schneider schein sari
- 8:54khatara. Here's another case that you
- 8:57don't have to do Ataris Nadarian for again, it is a real Ned
- 9:02there. That's Khal, but you don't it
- 9:05ends without it can end without doing Ataras Nadarian.
- 9:09What do we mean? OK, go on.
- 9:11Right. The Arba Nadarian, they were
- 9:13never Khal to begin with, right? In general, that's the case.
- 9:16Those are that's the traditional cases here.
- 9:19So here these are cases where it is Khal, but it's it's
- 9:23disappears on its own. Kegon shamar lakavero konam
- 9:28shahani nahena laka. You may not tell me many ka VE
- 9:32ka. So he says to his friend,
- 9:34listen, I'm going to make another.
- 9:36I'm not going to benefit from you at all if you don't take
- 9:40from me such and such like this is really a, this is from the
- 9:45Mishnah and Khet Zain where it says if you don't want you to
- 9:49take this core of wheat or these barrels of wine and give it to
- 9:55your son. And if you don't take from me,
- 9:58I'm what I'm giving you as a gift for your son, then I'm, I'm
- 10:02making a Ned there that you, I'm not going to benefit from you.
- 10:07Basically he's saying, listen, come here, I want to give you a
- 10:10gift. Give it to your son.
- 10:12I don't know your newlywed son, your child.
- 10:15And if you don't take it from me, I'm going to be so mad at
- 10:17you. I'm never going to talk to you
- 10:19again. It was I'm going to make another
- 10:21against you. But Kilo, he's serious, right?
- 10:24So then let's keep reading. So then there's a there is a way
- 10:29out, right? We're saying the Ned there is
- 10:31hall now. I'll just stop right now for a
- 10:33SEC. So the question is, wait, maybe
- 10:36this is a Ned thereof. Come on, help me out.
- 10:40Zeros, zeros in. So therefore we learned one of
- 10:43the main categories that it's never hall is if it's zeros in.
- 10:47So we're talking about a case where it's not another of zeros
- 10:49in we're teaching you. I mean, it's it's in the
- 10:52mission. We're teaching you a another
- 10:54way. We're teaching you a new halacha
- 10:56over here. Let's say it's a case of not a
- 10:58nether zeros. It's a real nether.
- 11:00Either you specify by the way, you just the way you learned.
- 11:04As long as you tell the guy, listen, this is not another
- 11:07zeros. I'm being serious.
- 11:08Then that's not another zeros. That's a real nether or the
- 11:13Gemara really asks the question. The Gomara asks how come this is
- 11:17not a case of zeros? So the Gomara says it's on
- 11:19kaftalid, even though the Gomara is in the Psalm, the mission is
- 11:23in Psalm of Gomara isn't kaftalid.
- 11:25And it says that's just the taz point set out.
- 11:28I don't know Shahs Bahar. So anyways, the the he says it's
- 11:32the Gomara says how come it's not a case of zeros?
- 11:34But we must be talking about a case where the guy's always
- 11:37taking from him. I mean, it depends on which case
- 11:40we're going to see the converse. But they're always taking from
- 11:42each other. The guy's always getting gifts
- 11:44from this one guy. Yeah, right.
- 11:46The one who usually who wants to give, now he's usually taking
- 11:51from the other guy. He's regularly getting.
- 11:53So the the mission is like, so that's the case.
- 11:56So basically the Gamara Gamara has an expression and says like
- 11:59the guy basically tells him I'm not a dog who's just a taker and
- 12:02a taker and a taker. Yeah, so that's what I said.
- 12:05And Kalba, I'm not a Kalba and I'm not just going to take my
- 12:08whole life from you. I'm putting my foot down.
- 12:11I'm always taking it right now this time you take this gift and
- 12:14give it to your kids. I want to reciprocate.
- 12:16I want to also give to you. I don't want to be in a one way
- 12:19St. It doesn't feel good.
- 12:21So therefore we see since he's always taking we know that he's
- 12:24not joking around over here. It's not a zeros he's being this
- 12:27is a real nether. OK, whatever the case is that we
- 12:31we talk or whatever, it's whenever it's established, it's
- 12:33not a case of zeros. So that's when the salaha comes
- 12:36up and we saw this, we saw we're going to see this in a minute.
- 12:40So what's how do how do we be matir it?
- 12:43How does it expire without it happening?
- 12:46So Yahoo lahatir nidro so his friend who he was making the
- 12:50nedro with, he can tell him, his friend tells him Shiloh alpi.
- 12:55OK, wait a second. Yahoo lahatiro and nidro Shiloh
- 12:58alpi hakam his friend could be matir his nether for him without
- 13:03doing without, without doing. Hataras nadarim.
- 13:07How could he be matirat? How could he end the nether?
- 13:10Shyo Marlow Klum edarta El his friends tell him, listen, I
- 13:16understand you are honoring me. You want to give this present to
- 13:21my son or to my child, But whoever it is, because you want
- 13:25to honor me, right? And he says, like this, Wizzo,
- 13:30Quavodi, Shalo Atamimka, his friend says, no, no, no, it's my
- 13:35honor that I'm not going to take from you.
- 13:38That's how I feel good. I feel good about and honored
- 13:40when I'm not taking from you. And so therefore, since your
- 13:44intention was to honor him, he is getting honored.
- 13:48He's honored by being asked to take it and to have the option
- 13:54and, and, and the, the opportunity to refuse and says
- 13:58now I'm really happy and and honored and thank you so much.
- 14:04So then that is if he got it because he did get the honor and
- 14:10that's enough. We had a similar case to to that
- 14:13with the money. I think.
- 14:14I think it's going to come up, but basically with the money
- 14:17also you could just say Quibalti.
- 14:19Remember we had a case when you have to make a Shibuya to give
- 14:21somebody money and you don't actually have to give the money.
- 14:24The guy can say I got the money, we'll assume, we'll assume he
- 14:29got the money and you don't have to pay me anymore and that'll
- 14:32resolve A chivua. So it's just like this, the filo
- 14:37in a madrama buffet. Even if the Madrid didn't tell
- 14:42him explicitly why you know what he that you know that it's for
- 14:47the cover or why he's making such another and it just he just
- 14:52tells them to him without any explanation and it's fine.
- 14:55And it's and it's, it's called, but it's also ends with him when
- 14:59he says that, when his friend tells him that or the converse,
- 15:09the guy says OK, enough, enough. I'm making another against you
- 15:13that if you don't give me such and such for my child, then I'm
- 15:18also going to make another here. It's like the opposite
- 15:20direction. It doesn't matter either way.
- 15:23Yeh Shlo Hatara. Afterwards he can just take it
- 15:28back or be a mati or kilo again. You're not really doing ataris
- 15:31in the Darian. You're just making the nether
- 15:33end, the Loch Ayla Kaham without doing it.
- 15:36The real Hataris, the Darian MI ikara shiyo marlo harehi harehu
- 15:41kiyo kibalti. If the nedra was on the was, if
- 15:45he doesn't give me or give it to him.
- 15:48And who's ever on the receiving end, he can just say the words
- 15:51kibalti, right? That we had earlier before with
- 15:55a Cove of paying money haggah. OK, yesh omrim.
- 15:59Now this is interesting and it's not exactly clear to me which
- 16:03Yesh omrim is more more followed than the other.
- 16:08We have two yeesh omrims, yeesh omrim dafka vidavarqiyum masse
- 16:13Yahoo lomar kiloa city. Now when can you tell the guy?
- 16:17It says if I did it as if I accepted it as if I did it.
- 16:24So he says one opinion says you can only do that on when you
- 16:30need to do something and then you're supposed to do that
- 16:34action. And then you said, well, it's as
- 16:36if I did the action, right? It says, let's say with money.
- 16:41That's an easy way to understand.
- 16:43You say you have to pay a certain amount and then you say
- 16:45it says if I got the money. So then that's when we say the
- 16:50nedger's over. Everyone agrees to the halacha,
- 16:53fine, Ababa, but to take back an an action that was physically
- 17:00done and like Kilo, go back in time or pretend it never
- 17:04happened. So that may not be possible to
- 17:08do such a thing. Kagon, what are we saying?
- 17:12I'm making an Ed there for my possessions.
- 17:16To you I am Taylor Lamacomploni. If you go there, in other words,
- 17:20I don't want you to go there. And if you go there, then you're
- 17:24offending me. You're making me very upset.
- 17:26You're going to embarrass me, you know, around the rogues with
- 17:30that person. Don't go to that person's house.
- 17:32If you go, then then that's it. We're we're not friends anymore.
- 17:35You, you, you can't touch my stuff.
- 17:38That type of Neder. Well, you hello Marla.
- 17:42Afterwards, he goes there and he now the Shibua Neder becomes
- 17:46binding. You can't again, when you call
- 17:49it zeros and not zeros, that's a whole not always so simple, but
- 17:52let's just go on. Let's say it's a case where he
- 17:55was serious and he meant it and it's a nether and it's hall you.
- 17:59So then the hava le Ki ilu loha lachta.
- 18:02You can't just say afterwards, you know, I'm going to pretend
- 18:05like you never went and then the shibua was never hall.
- 18:10The guy went there. You can't change the facts of
- 18:13reality to go back and to undo an action that was done.
- 18:20OK, Vyesh Omrim de Angelik. And the other opinion says, what
- 18:24do you mean? There's there's no difference if
- 18:27you can say that it's as if you got it.
- 18:29You can say it says if you never went there.
- 18:32And OK, So those are the two opinions.
- 18:35Nicole Tanai Shihuatova Tanoder Yahoo Lomar Hireli Kiyamta or
- 18:42Kayamata tonight and whenever it's for his benefit, so that
- 18:46whoever is benefiting can say it's as if it was fulfilled.
- 18:51Misha amarcona matanelli IME nata noten levni kakbekak A
- 18:56person makes a neder on the condition that he gives it to
- 19:00his son. Imaben somer al shokan Aviv.
- 19:04Now this son is relying sustained from his father.
- 19:08His father supports him so then imke inhabit Kavin le Tobato.
- 19:13So then the father when he says for his son, then really he
- 19:17means also for himself the Yukalo marky with kabalti.
- 19:21So then the father who's supporting the son on the son's
- 19:26behalf can say Ki le with kabalti, right?
- 19:29Because it's like the same pocket the in love.
- 19:33But if the father has no connection to the son
- 19:36financially in well, not complete connection, you know,
- 19:43helping out a little bit every month is not it's probably not.
- 19:46Well, actually I don't know. That's a good question.
- 19:49But if you help out a little bit, Kavua.
- 19:51OK, good question. The imlav inhab Yahoo lomarkov
- 19:56Rakhaben. But if the father doesn't
- 19:59support the son, giving gifts does not count.
- 20:01But there's certainly no connection on a regular basis.
- 20:04So then the father certainly can't say kilo Kibaldi for the
- 20:08son when the the whole Tanai and the whole nether was based on
- 20:10the son receiving, not the father.
- 20:13OK, let's do the next Simon Raish Alamad Gilmel.
- 20:16Oh, not Nadarian Mazarul in a cava.
- 20:17What about what age does it start?
- 20:20OK, funny question, right? It's a little bit of a surprise
- 20:23here. OK, this is from the Mishnah
- 20:25NIDAI Khatan Ben Stan Stemiseri Shana Vyom Ekhar.
- 20:31Now you have a young boy. Well, young man or an old boy,
- 20:35whatever it is, he's 12 years old, a khatan, 12 years old.
- 20:39Now normally when do we say you're bar mitzvah?
- 20:42For a boy it's 13, and for a girl it's 12, Right?
- 20:46So here, now, that's generally for all mitzvahs and for
- 20:49everything, you have to be 12 or 13, girl or boy with two pubic
- 20:56hairs, stay saros. So here cotton bench, when it
- 21:06comes to the darn, believe it or not, it's when you're a year
- 21:11younger, the year before you turn bar mitzvah for a boy is
- 21:14starting from age 12 and from a girl starting from age 11.
- 21:18Now the Gemara in Tamura has a question they learn from.
- 21:22There's a drasha from the Pasak ish Kiafli Neder and the the the
- 21:29way it's worded, because of the way it's worded, maybe a little
- 21:32bit longer, the order of it. The Gemara has a drasha and it
- 21:36says Mufla has some of the ish. So it's the one who's expressing
- 21:43the Ned there who's close to an ish.
- 21:46So you see from the drusha means the year before.
- 21:50Sometimes we say psalmak is 30 minutes, 30 days, but here it
- 21:53means a year. OK, alright, so then for that
- 21:56entire year there is potential for them to give a Ned there.
- 22:01So we're going to keep reading. Now the Gomorrah over there is a
- 22:03machlotus, Duraisa Durabanon. So it's unclear.
- 22:06Well, myself, we're talking about Duraisa Durabanon
- 22:09especially if in order for it even for their opinion and says
- 22:13it's dareisa, it might need 2 hairs or it might even be a
- 22:17dentarisa without the two hairs. That's anyways all this is a
- 22:21sorry even exactly. But here let's go to the halacha
- 22:24part. Well, maisa, what are we saying?
- 22:26So it depends when they're a year early, it depends EM yodim
- 22:31machine MI drew venishbu nidreyam nidrehem Nagar ushigua
- 22:36Tam shirua. If they understand what kind of
- 22:39an what nether they're making and what the ramifications.
- 22:44So then we say it is khal there is or there abandoned.
- 22:47That's the mahlokas. But if they don't know alpha P
- 22:51shalohe vyush thesaurus. Even if they didn't bring 2
- 22:54pubic hairs, if they understand what they're doing, then we say
- 22:57it's Khal 100% and they have to keep to it to both King schnat
- 23:01Schlotzsche, Hazakar us schnat Schdeme estre Lena Keva.
- 23:06But and once and and that whole year you have to check when they
- 23:10make the nether just because you know, you check at the beginning
- 23:13of the year. It might change during the year
- 23:15with what they understand and pubic hairs whatever, but we're
- 23:19primarily we're concerned about if they understand.
- 23:21That's really what's the main issue is here.
- 23:23Fiddly yielding the shame Me no dream ain't no nether the year
- 23:28before, like a year and a half before they turned bar mitzvah
- 23:31right. For a guy incidents before he's
- 23:3312 and for a girl it's before she's 11.
- 23:36So then even if they understand it makes no difference.
- 23:39It's not an EDA. That rasha is only for one year
- 23:43and not longer. The ramas is Gordian baham
- 23:46bumaki notan shoyomadu ishonam benedarium ishiguos.
- 23:50But we tell them even if it's not an EDA, we tell them how to
- 23:55behave and not to say nadarium, the imudava katan, the kao, the
- 23:59inui nephesh, omri mahem, shyamdu, benedrama, shiguatan,
- 24:04and sometimes as a kanas type of thing, in order to teach them,
- 24:08we tell them they should keep their neder and shibuaka.
- 24:10They show you a gilu otsman bazer so that they don't
- 24:14continue being callous with brilliant with spewing nadaria.
- 24:19Mishloche srei V OK, here it is. Mishloche srei V Yom ekhad.
- 24:22Once they turn 13, veleche bazaar ushde mesrei Omaha ekhad
- 24:27le nakheva. Once they're 12 for a girl, once
- 24:30they're barbat mitzvah alpha Pisha A yodema shame me no dream
- 24:35be dreaming that there. So then it's 100% binding.
- 24:39The shock points out even if they don't have hairs.
- 24:42So again, that might only be there about on.
- 24:44Either way, it's for sure call.