Latest / SHULCHAN ARUCH YOMI: Own the Halacha in 25 minutes a day! / Yoreh De’ah 235:1-3. Vows: Between Spouses, Marital Obligations, When Divorce Is Required
Transcript
- 0:01OK, we're continuing with Simon Raish Lahmed.
- 0:04Hey now, this is actually quite a continuation from the end of
- 0:07Raish Lahmed Dalit talking about Nadarim between man and husband
- 0:13and unfortunate sometimes there's a little spots and
- 0:16issues between husband and wife. I don't know what I said then.
- 0:21I know it's husband and wife and therefore they're making Nadarim
- 0:25on each other and on each other's family.
- 0:28But the focus of this Simon is a little bit more on time limits.
- 0:33How do you deal with it and do you have to get divorced and how
- 0:36bad is the nether? Last Simon was more about how
- 0:39far can you or cannot now or it's OK.
- 0:44We're building on that. So Reish al Ahmed hey alef
- 0:48hamadir ET ishto mitash Misha mita.
- 0:51The person makes a nether that against having Tash Misha Mita
- 0:57with his wife Shamar. Now there's two ways to do it.
- 1:00One way will be valid. We learned one way will be
- 1:03invalid. It will not work as it will not
- 1:06work. It will be Khal as another
- 1:08Shamar Konam Tashmi Shah ally. So he's saying that he's he's
- 1:14making another against any enjoyment from Tashmi from his
- 1:18wife, but he's prohibiting himself from getting any
- 1:22enjoyment. So that is Khal because that's
- 1:27it's his right to get enjoyment. He can't prohibit himself from
- 1:32giving Hana to his wife because that he's obligated to give him.
- 1:35So that won't be called that we learned already.
- 1:38So here this is just this part is just a review.
- 1:41So he does it in a way where it's going to make living
- 1:44together impossible or very difficult.
- 1:47But it's called because it's it's the consequence that's the
- 1:53problem. But the initial the Ikarnader is
- 1:58not technically impossible. So anyways, let's keep reading.
- 2:02So then what do we do? Yekayem OTA Shiva yamim.
- 2:07So you stay. So you remain married for
- 2:10another seven days. We do not advise them to get
- 2:14divorced being Shahidira, Befera, Shiva Yamim.
- 2:18Oh you tear whether he says I'm making this nether not to get
- 2:22Hana from you, whether he says it's for a full 7 days or more
- 2:27than that. Oh, she had your stum or he
- 2:31doesn't give a time limit. It just says I'm making the Hana
- 2:35from you as through a nether. And so then if we say stum,
- 2:40right, we already learned if you don't specify an expiration or
- 2:44time limit, then it's eternal, right?
- 2:48If you make a stop nether not to enjoy an item, so then that item
- 2:53is usser forever. If he didn't put a time limit on
- 2:56it ullahar Shiva yamin. And then the allaha is after
- 3:00seven days. So then the allaha is he must do
- 3:04a must. He must give her a get and he
- 3:08has to give her the pay, the Kasuba, whatever is deserving to
- 3:12her because he made his life, their life impossible to
- 3:16continue. They can't, You can't have a
- 3:18marriage when they're never allowed to be together and have
- 3:21relations. And so therefore, 'cause I'll
- 3:24say, but we give you 7 days. Why 7 days?
- 3:27Because we're hoping that, that that's the time limit for
- 3:30Tashmish. We again, this is not, it
- 3:33doesn't mean it's recommended to have it once a week or more
- 3:37spread apart, but it's normal in a marriage every so often that
- 3:41she goes a week without having relations and it's considered
- 3:47normal or acceptable, at least on at least on occasion.
- 3:53All right, So that's why it's up to a week and then it becomes,
- 3:57OK, this is not, this is not acceptable.
- 4:00And so then we, we say he must give her a get and a tsuba, pay
- 4:06for the tsuba, whatever it is. And, but if you would, if you
- 4:10would make such a net there against Tashimish for less than
- 4:157 days, if you would specify it's for one day up to six days.
- 4:19So then we say there's no obligation whatsoever.
- 4:23Let him keep his Ned there. And then in a week they'll be
- 4:26together. That's that's that's normal.
- 4:28That's acceptable. OK.
- 4:32And we want to give it a week. Even if he makes the Ned there
- 4:35for an entire for a lifetime or a month or whatever it is.
- 4:39We want to give them a week before we force him to do a a
- 4:43get why we know they they can't be together if he's going to
- 4:47stick to his nether because we're hoping that he will do
- 4:50Ataris Nadarian and they can stay happily, happily married
- 4:54and live happily ever after. So that's what we want.
- 4:57So we're hoping so we we give them a week to calm down,
- 5:00hopefully do what Tars Nadarim. But then after that, we can't do
- 5:03it anymore. And the shock just points out
- 5:07we're dealing in this Simon. We're dealing with difficult
- 5:11people who are into their Nadarim and OK, fine, whatever.
- 5:20So let's let's go on to the next second.
- 5:23When I say yeah, OK. But Hadira, he makes a nether on
- 5:30her shalod to Hanemi menu that he is not that she's not going
- 5:35to benefit from him. Right?
- 5:37Can you do that? They know Khal.
- 5:39It's not Khal Shaharay who Mashuba, he is obligated on to
- 5:47her. He he has certain rights, he
- 5:49must give. She has certain rights and he
- 5:50must give to her and vice versa. So on.
- 5:53We already right. We already expelled that out.
- 5:55So on that it wouldn't be called fine.
- 5:58So let's keep reading the EM amarlat si EMA saya dekha, the
- 6:04he Muspecat behemoth varam gadolin.
- 6:08They ain't on a specular dwarim Katani.
- 6:10So OK, so now let's say he makes another.
- 6:17He tells her, I guess through another that she can only that
- 6:24she is going to whatever she makes, whatever she earns, then
- 6:28that's fine. She gets to keep it and then and
- 6:32he's not going to be and then he doesn't want to have to support
- 6:34her and give her a, you know, a weekly salary or money or
- 6:38support or whatever, whatever it is, he says you take care of it
- 6:42yourself. And she earns enough that for
- 6:48the main major expenses, it works or the OR actually for the
- 6:54more or the more necessary items, she is able to take care
- 6:59of herself. She earns enough, but she's not
- 7:02doesn't she's not able to pay for every little thing.
- 7:05I think this is referring to more luxury items.
- 7:09So let's keep reading in Kalmisch Bhatta regulin the otam
- 7:14Devarian Catanian Enochal. If he makes another against
- 7:19supporting her for these little things or these luxuries that
- 7:25that she's she grew up accustomed to.
- 7:29So then it's not it's not called because Shaharay who Mishu Bedla
- 7:34because he is obligated. She's obligated to to keep to
- 7:41the certain standards. When they get married, then he's
- 7:44obligated to keep to her standards.
- 7:46The EME aim Komish Bakhtari gilim Behem.
- 7:49But her family that she comes from, they don't usually get
- 7:51these luxuries. They're not used to it.
- 7:54Allah Shereen only you know certain rich people in her
- 7:57family or her father Velvia Ashir Viragil Behem, he's the
- 8:03father is regular to it. But I guess not all the kids in
- 8:06the family have these same luxuries.
- 8:08Uba Allah Eno Usher and her husband is is not so wealthy and
- 8:15is not accustomed to these things.
- 8:17So then this husband Eno ragil behem Khal ha neder.
- 8:20So then the Neder is Khal because right, it depends
- 8:23whatever he is, then this is more for Evan Ezzar.
- 8:26But whatever he's obligated to do for her, right when they get
- 8:30married based on their their marriage contract or whatever,
- 8:33whatever norms the the norms. So whatever he's obligated, he
- 8:36cannot make an Ed there on those items.
- 8:39And to restrict her from it, it's not call at all.
- 8:42It's the extras that he is not obligated.
- 8:44So that can be or that it is call if he makes another OK?
- 8:48So on these items that we just said that he's regular to
- 8:52accustomed to the husband or if she grew up and she and her
- 8:56siblings were accustomed to it. So then Khaled, wait a second,
- 8:59the anal regular OK, So then it wouldn't be Khal.
- 9:02But if it is things that she's not accustomed to and he's not
- 9:06accustomed to, so then Khaled another Shahray Enochayev Baham,
- 9:10he's not obligated in them. OK, Umiko Malcolm cave on
- 9:15Shahidira Mimeno. But since he's making a neder
- 9:19from giving her these small things, we joseret labate aviha.
- 9:25So what happens though, is if he tells her I'm not going to pay
- 9:28for for certain for certain items for her.
- 9:33So then she can't she, she does she, she can't live with her
- 9:38husband anymore. They're not comfortable living
- 9:40together anymore. So if he makes it in a way that
- 9:43she is now leaving her house, right, they're getting separated
- 9:47and she's going to go back and live with, with her parents.
- 9:50So then who meet Kayevla Atabahem.
- 9:54So now he does become obligated in these items.
- 9:59Hilcach Ajlo Shimyom 1 2nd Kevin This is going on.
- 10:15How do we say this since since since she is no longer eating
- 10:20with him then he is, we say he's hired immediately to pay now if
- 10:32he made a neder. Is this going on the basic
- 10:39stuff? Oh boy.
- 10:44He. He just said supporting, not
- 10:48supporting with anything. Ben Gadoli and Ben Katani and
- 10:50her and her, her, her. Work she's able to support us
- 10:55with. With Barney Gadoli, yeah, she
- 10:57moves that. He goes back, right?
- 10:59So she moves out because he's not paying for for anything.
- 11:04So if so, we're assuming it's a case when it's Hull.
- 11:08So in a case when it's Hull, because she could support, but
- 11:13since he's not supporting her, she moves out.
- 11:16Exactly. We're talking about a case when
- 11:18it was Hull, right? Because she's able to support
- 11:25herself enough. But this is not a but she's
- 11:28gonna if if he's not gonna support her, she's moving out.
- 11:31He's causing her to move out. So once she's moving out, now he
- 11:37has to pay for everything immediately, but he can't pay
- 11:45for him. But she can't.
- 11:46He can't pay for her. He's obligated to pay her, even
- 11:50for the Gadolin. But she moved out for
- 11:52everything. But he OK, So once she moves
- 11:58out, he supports. So here.
- 12:00So he's supposed to, right? He's still supposed to pay her
- 12:03for the Divine Katani, Maidi Parnas.
- 12:05So he's supposed to, right? He's still supposed to pay her
- 12:09for the Divine Katani. But it is.
- 12:11But the nether is still Khal. So therefore he's not because of
- 12:17the nether, he can't pay for the Divine Katani.
- 12:21He's supposed to pay, but he can't pay because of his nether.
- 12:24So what does he say, Shayomar? He says like this out loud to
- 12:28somebody, Cole Hazan, Eno Masid, whoever supports my wife and
- 12:33pays for the Divine Catanium because he's monetarily he must
- 12:38pay for it, but the Nether doesn't let him.
- 12:44So then he lets somebody else pay those things for her via Zun
- 12:49OTA Akhter. So someone else supports her and
- 12:54then he goes this other person who paid for the husband, he
- 12:57goes collects the money from the husband was really the husband
- 13:00has to pay for it. And the husband alluded to that
- 13:02when he said Kolazan ain't no Mapsi don't worry.
- 13:05You pay for me. Trust me, you're not going to
- 13:07lose out. So right, that's like a hint.
- 13:10Don't worry, he's going to pay for you.
- 13:12That's Ronian. Discuss if he's mamish, if
- 13:17there's a if he's mamish hive to pay or not, That's more of a
- 13:21technicality, but he's supposed to pay at least.
- 13:26And he OK loesch but OK loeschena hedira sloshim Yom or
- 13:30yatir oshihedira Stam ahar sloshim Yom.
- 13:35Sorry, it makes no difference whether he makes this Ned there
- 13:40for 30 days or more because because once it's 30 day or you
- 13:45just say stump. Because once you say 30 days or
- 13:48more than a woman does not want to be supported by this
- 13:53stranger, by this third person and it becomes very
- 13:56uncomfortable for her and embarrassing for her.
- 14:00So therefore you can't, the husband can't force her to stay
- 14:04like this. And we're being supported by a
- 14:07third party. So the Alaka is once 30 days up
- 14:10to 30 days. We say it's quiet, we don't
- 14:15announce it. Someone supports her, fine.
- 14:18But once 30 days come out, it's it becomes too much for her.
- 14:23And it also could become more public.
- 14:25And therefore the Alaka is after 30 days.
- 14:27If then he must give a get and pay for the ksuba that she he
- 14:34owes her, unless of course, he does Hataris Nadar.
- 14:38OK, fine, let's do gilmo Adira. She makes a oshala tohal.
- 14:45He or she Let's see, he OK, he did.
- 14:50She makes right. She he makes her right.
- 14:54He makes her make a Nader not to wear jewelry Oshala Tohal ekhad
- 15:01miyaminium or not to eat something, right?
- 15:04We're going to see how this is possible because right right off
- 15:07the bat, he has no jurisdiction on her right.
- 15:12A person cannot prohibit someone else from doing anything.
- 15:15He can't. No one can ever tell anybody.
- 15:17Even a husband can't tell his wife.
- 15:19I'm making a neder a chavou on you.
- 15:21You can't put on makeup because it's that's she could do
- 15:25whatever she wants. It's her body.
- 15:27It's it's her right to put on makeup unless perhaps it's his
- 15:31make up if he makes a neder from his make up.
- 15:35Not for her not to use, correct, But certainly that's OK.
- 15:40So depends how it's worded. Certainly a shivua can never
- 15:44work afiluhu RA velut TA am tome ulam.
- 15:48Even if it's bad for her and she doesn't like the taste or the
- 15:51smell or the flavor or the looks, whatever it is, it
- 15:54doesn't matter. He can't prohibit her, but how
- 15:59can he prohibit her from wearing makeup or what or anything
- 16:05right, Anything. It's you say if you do this
- 16:09item, then vital Oh Vitash. Then he makes a secondary
- 16:14nether. In other words, then that's his
- 16:16real nether. He says he doesn't want her to
- 16:18do something. So he says, yeah, if you're
- 16:20going to do this, then I'm going to make a nether on you.
- 16:23That is called so that's how you can get her for or anybody or
- 16:29each other with a a nether. So anyways, so he does it in a
- 16:34way that he says right? He if you do XY and Z like we
- 16:37learned before shamar konam tashmi shaka lie that I'm not
- 16:40going to get benefits from you. So then it's called such a
- 16:43nether or imtit kashti. You totally mean paloni.
- 16:47If you put on this type of makeup or you put on this, you
- 16:50eat this food or I'm going to make again, same thing I'm going
- 16:58to make another from Hana, from Tashmish from I'm not going to
- 17:03get benefit from you. IME Telhi Labetavira.
- 17:08So this is he doesn't want her to go to his.
- 17:10He does not want her to go to her father's house.
- 17:13So if he makes it for more than a month, if it's less than a
- 17:17month, so then that's that's not grounds for it's not grounds
- 17:24expressions dismissal. It's not grounds for divorce,
- 17:27right, Because it's normal for her not to go to her father for
- 17:32a couple weeks. They don't be all right.
- 17:34At least that's the standard, right?
- 17:36Obviously every individual is different, but that's the that's
- 17:39the standard is less than a month.
- 17:43Then it's not so severe that we don't say you have to get
- 17:46divorced. A woman can live going, can wait
- 17:50a few weeks to go to her father's house, but more than
- 17:53that or stung because there's no time limit.
- 17:56So then that becomes a problem. That's in Hudar IMA Bahir.
- 18:00That's if he lives or they live near the father.
- 18:04The father lives near in the same city that she normally
- 18:08goes. And and the shock also points
- 18:11out we're talking about someone who normally visits even if they
- 18:14live in the same city and she never goes.
- 18:17So then you get more time before you force him to get the nether
- 18:21can be for longer before you're forced to get divorced.
- 18:23He's before he's forced to give her a get.
- 18:26Oh, you're tear me regal, right. And we're always hoping in the
- 18:28meantime that they do Ataris Nadaram and that they make up
- 18:32Oh, you're tear me regal or if it's more than a regal Imhu
- 18:35Darba ear. Ah, herit.
- 18:37So then or if it's he makes it for longer than a longer than a
- 18:43regular if they live in a different city.
- 18:45So if they live in the same city, you get 30 days if you get
- 18:50she was in a different city. So then you get to the next to
- 18:54the next regular. OK, so.
- 18:56This matter was if you go to your father within the next 30
- 19:00days, then contraction shift alive and if they live and if
- 19:04the father lives in a different city, he goes.
- 19:06If you go to to your to your father between now and the next
- 19:10regular, then contraction shift alive.
- 19:13That's right. And then we give him.
- 19:16Seven days. So then then we give you 7 days,
- 19:19right, Right, right. IMU darba era U tare MI regal
- 19:23IMU darba era herit. So if he lives in a different
- 19:27city, ikayem shivaya meme Vaz yosi vitenk tuba.
- 19:31So right the the timing of the nether is what we said based on
- 19:3530 days of our regal. But once you made that neder,
- 19:39then we act. Then we say, OK, we don't have
- 19:41to wait. We don't have to make her wait
- 19:4330 days to get the Katuba. We say after seven days he's
- 19:47obligated to get divorced and give her pay for the Katuba.
- 19:50But how's you see, if we think Katuba the EMI Nadra Shamrat,
- 19:55what if she makes the Neder Shamrat Konen mean Polonia lie?
- 19:59I'm you know I'm not going to get nether from this person.
- 20:03Akonam shot Kashet Pikishit Paloni.
- 20:05I know I'm not going to get I'm making in a shavua, whatever it
- 20:09is, not to get, not to put on makeup.
- 20:13From the makeup from somebody. Oh, Shamra.
- 20:17Yeah, Sir Tashmishek a lie or she prohibits on to tashmish
- 20:22that she forbids herself so that affects him mean Ploni.
- 20:29If I eat this item. Oh, it's Kashad Bakshi's ploni.
- 20:32Or if I right, this is she's going to prohibit the tashmish
- 20:37if she does this item with eating this item with the she
- 20:41gets makeup from this person OIM ayla labet Avi or if I go to my
- 20:45father's house. So then Vahushama now he hears,
- 20:51he hears her make this shivua that's going to prohibit them
- 20:55from being together. It's going to make living
- 20:58together and difficult or impossible.
- 21:01Vahushama He hears about it Velohe Ferbla and he doesn't
- 21:06protest so she he hears her make this nether that's very damaging
- 21:12to their marriage and he doesn't protest.
- 21:15So the Halafa says Yotzi Miyad Vitain Katuba you don't even
- 21:21have to wait seven days. Alafa is he must give her a get
- 21:24pay for katuba right now so they can move on with their lives.
- 21:28Why is it so bad? So if it's there are two reasons
- 21:31given depends on which case and again, depending how you
- 21:36understand it could be the same reason, more or less the same
- 21:40reason or more or less two different reasons depending how
- 21:43you define it. But basically the two reasons
- 21:46are given is because either by not protesting, then it shows
- 21:53demonstrates to the wife that the husband really hates and
- 21:57despises his wife or he wouldn't allow like if if it's specially
- 22:02if it's referring to the case of tashmish and he goes OK, that's
- 22:06fine. So now she understands that if
- 22:09he doesn't want to have tashmish with her ever that that he hates
- 22:13her and she is really uncomfortable, right?
- 22:16Makes sense and understandable. And therefore the marriage is
- 22:21over and he doesn't have to get to.
- 22:23And then if the husband hates her, we don't she doesn't even
- 22:27want them to get. He doesn't want her to make
- 22:29Katara Sardarian. And therefore the Laka is you
- 22:31get divorced right away. You don't have to get divorced,
- 22:34right? They could still make up.
- 22:36But the halakha is if she wants a get right now, we obligate the
- 22:41husband to give a get right now because that's what she wants
- 22:44and that's what she deserves. And the other expression is also
- 22:47given. It's like putting a finger
- 22:50between her teeth and that's so she now she can't chew, she
- 22:54can't bite anything, right. If you have something, if
- 22:57someone's finger between your teeth, you can't eat.
- 22:59So it's an expression of now she's totally stuck.
- 23:02And it's called living in an impossible situation.
- 23:09And when a person does that and demonstrates that to her to to
- 23:13her by not doing that Fara, the halakha is if she wants to get
- 23:17right now, we give it to her right now.
- 23:19La haramba benad rahiv vikkiyam la according to the ramba, she
- 23:23makes the nether and he let's upholds it.
- 23:27So then vikkiyam la vikkiyam la who wrote Salisha villa tocha me
- 23:33Otto. I mean, she wants to stay right?
- 23:37She right, So she wants to stay married and not eat it.
- 23:41So Taisha so she can the IM who O merit vima.
- 23:46Yeah, Vimhu America actually Isha Nadranit.
- 23:49And if he says I cannot live with such a lady, she's always
- 23:52making crazy nedders. It's impossible to live with
- 23:55such a lady. So then we let him also get
- 23:58married. Divorce.
- 24:01Thank you Yotzi the Yi tink ktuba.
- 24:03But he still has to pay for the ktuba and The Who hadin IM Nadra
- 24:09Shalotela Khabet Aviya. Also she makes such a neddler
- 24:13that she's not going to go to her house, her father's house.
- 24:16Shamra konam tashmi shakalai e-mail like labet Avi bisham
- 24:20mahabala. He hears about it, he doesn't do
- 24:23how far same Allah konam tashmi. She says that again.
- 24:35She makes another that would be called if I, if I go to this
- 24:38base, Alwale base Mishta. And again, that's difficult for
- 24:41her to never be able to go. That's the case of Inui Nephesh
- 24:45Mushama Volahifilah. And he heard it and didn't undo
- 24:48it, right. But this is an area of Inui
- 24:50Nephesh. He's able to undo it, but he
- 24:53doesn't. And now it makes it impossible
- 24:56again for them. But who?
- 24:57I didn't even but he shows he doesn't care The Who I didn't I
- 25:01amrah koonam tashmi Shah Allah IMA says shumalaka.
- 25:05So till she says again, you do anything and then I'm making
- 25:08this now there's going to be called for Tashmi Shumalaka, the
- 25:11shaman. He listens Vilahe Fairla and he
- 25:13doesn't he doesn't protest, he doesn't write separate and all
- 25:18it. But who I didn't IM Amrah koonam
- 25:20tashmi Shah Allah. IM Misha mishkani mishkani Klum
- 25:27O ash ilam Klee. Or again she goes, if I'm going
- 25:32to borrow something from my neighbors or lend it out
- 25:36anything to my neighbors, I'm never going to do that or I'm
- 25:39going to be us or batash Amish. So again, she's a person cannot
- 25:44live in life without benefiting and sharing and helping out with
- 25:49neighbors. She can't cut herself off from
- 25:51her neighbors and therefore or the Tasha mission, right, It's
- 25:56going to be get in the way. So they can't live like this.
- 25:59The Shama Veloheifer and he doesn't do Hafara.
- 26:02So the same Mulaka is going to be Yosi that he's obligated to
- 26:07give a get and a Katuba I believe Miyad.