Latest / SHULCHAN ARUCH YOMI: Own the Halacha in 25 minutes a day! / Yoreh De’ah 228:13-18. Vows: Hataras Nedarim: Permitting Vows, Nolad

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Yoreh De’ah 228:13-18. Vows: Hataras Nedarim: Permitting Vows, Nolad · SHULCHAN ARUCH YOMI: Own the Halacha in 25 minutes a day!

• 0:00
  OK. Good morning.
• 0:01
  We are continuing helkos, nadar and rachet you'd gimel.
• 0:08
  OK. So we discussed the issue of a
• 0:12
  petach using nolod. So we're going to continue.
• 0:16
  We have to qualify what we learned.
• 0:18
  So a Petak of Nola, something that'll happen in the future
• 0:22
  that a person could not have imagined when he made the
• 0:25
  Nedder, that's not good enough because you have to have a form
• 0:29
  of Karata, me, Ikara all the way.
• 0:33
  We'll go back so the Petak can help you if it would have been
• 0:36
  reasonable, if you go back to the time when you originally
• 0:39
  made the Nedder. So let's see inside you'd gimo.
• 0:43
  How are we qualifying what we previously learned in Yerbet
• 0:46
  Alpha Pisha in poetry in Benola? OK, so we don't normally make a
• 0:52
  petach on something that'll happen in the future that's
• 0:55
  totally completely unforeseen or unimaginable.
• 1:00
  So then that's but we are poetry in Beniola.
• 1:07
  We are able to be use a petach. It's called a conditional nolad.
• 1:15
  What does that mean exactly? That's the expression Tanai
• 1:19
  nolad kigon Misha naderba nazer kodem shahara base kharaab Abyas
• 1:26
  person made a nether to become a Nazer.
• 1:29
  Now this is when the base of Migdash was standing and then
• 1:33
  later on the kharif and then unfortunately Khasvi Shalom, the
• 1:38
  base of Migdash was destroyed. So we can't say in Pokhino Lomar
• 1:44
  Ilya Daktashi Hareva Bite. If you would have known that the
• 1:49
  base of Migdash was going to be destroyed in your lifetime,
• 1:53
  Kumaita know there, then for sure you wouldn't have made such
• 1:56
  another because how you going to bring a carbon and just you
• 2:00
  don't want to become a Nazar if there's no base of Migdash.
• 2:03
  So you would never have done that.
• 2:05
  But the guy but the person who made himself a Nazar never
• 2:08
  dreamt that it would be destroyed in his lifetime.
• 2:12
  So then so then that's a case of nolad that would not work.
• 2:18
  You can't you can't use that as a PETA.
• 2:20
  Aval, hold on. You're also going to see the
• 2:23
  remark going on. But let's go.
• 2:25
  It's one one thing over here is aval Potrino Marlow.
• 2:29
  This is your tanai Nolad. That's one of the couple caveats
• 2:33
  that allow you to use NOLAD if it's like this.
• 2:38
  IMBA Adam Bishataneder if when you made a nether.
• 2:42
  Just imagine now if when you made the nether right, you live
• 2:45
  during the base on Megash, it wasn't destroyed.
• 2:48
  Someone comes to you, Vahiya Meshakar, and a guy lies to you
• 2:54
  and he tells you the Omer Shiba OTA Shah Harifa by it.
• 2:59
  The base on Megash is being destroyed right now.
• 3:02
  Klumaita Noder, the Hong Ko Coyote Baze.
• 3:06
  If you would have wait a SEC, you would have thought for a
• 3:10
  second and actually potentially partially believed him.
• 3:15
  You don't have to completely believe him, but you have to say
• 3:17
  wait a SEC, you might be saying something true.
• 3:20
  That's horrible. You know, I heard, you know,
• 3:22
  whatever maybe it's happening and because of maybe it's
• 3:27
  happening, you would not made that Ned there then that's good
• 3:31
  enough because you would have believed him or Parsh or pretend
• 3:36
  or at least been hoshish for him.
• 3:38
  That's enough. If someone would have told you
• 3:41
  that it is being destroyed right then and there at the time when
• 3:45
  you made the Ned there, not that he shows up later and says in
• 3:48
  the future it happened, but at the time when you are making
• 3:51
  here, he's telling you it's being destroyed or it's already
• 3:54
  destroyed. So because you would have
• 3:56
  possibly believed him, you would held back for making that Ned
• 4:00
  there, then that does work. That works.
• 4:04
  Now the the shock points out that that's only if it's at the
• 4:11
  time it's plausible. In other words, there wasn't,
• 4:15
  you know, wasn't TV and radio and online news and you lived in
• 4:22
  one country. You lived in America, you lived
• 4:24
  far away in Europe or whatever it is, and it happened because
• 4:29
  the guy's telling you it's happening right now and you have
• 4:31
  no way to know if it's true or not.
• 4:33
  So you believe it might be true and then you would have held
• 4:36
  back from making an Ed day. You would have inquired and find
• 4:39
  out more because you wouldn't want to get yourself stuck
• 4:42
  without bringing a core Bunner, whatever it is.
• 4:45
  However, if you lived in Ushalayim, for example, or
• 4:48
  nowaday with the news that we have online, then of course you
• 4:55
  would know if it's true or not. You wouldn't be, you wouldn't be
• 4:57
  a coche for a a shot run like that, but it's just, it's
• 5:00
  impossible. You would never, if it's
• 5:02
  something that you would totally wouldn't believe and totally be
• 5:04
  ridiculous, that doesn't count. It has to be again, it has to
• 5:08
  be. It has to be where honestly, you
• 5:11
  might have believed him or a coche for him and then that
• 5:15
  works. Hugga fake news, haga ha the Ain
• 5:21
  potchin vanola. Yeah, a whole new meaning.
• 5:25
  Ha the Ain potchin vanola. Hainu la soot Mina nola PETA She
• 5:31
  it's Haaretz. The the vibe.
• 5:33
  They ain't no meat charette rock Mina nola.
• 5:37
  OK, now the Rama adds a huge caveat and everything that we
• 5:43
  learned is explaining. OK, explaining.
• 5:48
  I don't, I don't know however you want to word it.
• 5:51
  So let's see. He's saying you can't use the
• 5:55
  way we explained Nola until now as a PETA, you can't use it
• 6:00
  right? A regular Nola that's totally
• 6:03
  unforeseen. You can't use that as a PETA
• 6:05
  however, to create kharata aval IM MIT kharat MI ikara.
• 6:13
  If because of this PETA, now you totally have karata that you
• 6:19
  made this neda. You just you can't believe you
• 6:23
  made such a neda. You just you wish you just never
• 6:26
  walked into this world of Nadaram.
• 6:28
  You never opened up your mouth because of this PETA and now you
• 6:31
  totally regret the whole thing. Alpha pisha O semi KOA kanola.
• 6:36
  Even though it's only because of this unforeseen thing that makes
• 6:40
  you, that arouses you to start having kharata migre, kharata
• 6:47
  uma tirimo. Even though it's totally
• 6:49
  unforeseen. In other words, you never knew
• 6:51
  the base Hamidash was going to be destroyed 10 years after.
• 6:54
  Later on, after you made the net there, you totally couldn't,
• 6:58
  couldn't imagine it happening. But now because of this concept
• 7:03
  of Nolad, you have total karata on the whole nether.
• 7:07
  So that does work. So it's possible that in other
• 7:11
  words, you don't use Nolad as a PETA, but you do.
• 7:16
  Basically, if a person has karata, then that works.
• 7:19
  If a person has real Karata that he made the whole nether, then
• 7:22
  that works. Mikara and you don't need to use
• 7:25
  PETA Karata Mikara works. I, I do not believe it's a
• 7:29
  mahogas and then I'll say calium follow it.
• 7:33
  No one argues on the Rama that I know about and the whole
• 7:36
  concept. Also I think the, the question,
• 7:39
  how do you understand? It's a whole issue
• 7:41
  understanding, but the whole concept of Tanai also tanai know
• 7:45
  a lot. How come that works?
• 7:46
  So it's based on the whole principle of kharata as well,
• 7:51
  but it just it's creating anyway that's based on from save sign.
• 7:57
  Anytime you person has kharata on the whole nether, then it's
• 8:02
  that works. OK, let's go to Udalid, call
• 8:07
  them Shiatirolo. Before the basin is Matir
• 8:13
  Sarikshiyafari lehem Nader, the Hasiba shabi Shabi la Nader.
• 8:19
  So Allah is the one who made the Nader before they be mounted to
• 8:23
  him, he's he must explain to them what the Nader was and why
• 8:28
  he made the Nader. But if he wasn't explain, you
• 8:35
  know the details in Hataratan Hatara when they do Hatara, it
• 8:40
  doesn't it's not enough. It doesn't work.
• 8:44
  Now that's a this is a gin dera banan because maybe from it can
• 8:48
  come a kill call because maybe they shouldn't be bother him.
• 8:53
  We'll see an example of Masaki Pikuvia.
• 8:55
  But other cases sometimes it's inappropriate to be mature than
• 8:59
  other. So there's an Issa Dera Banan to
• 9:02
  do to do so, and the shock has a discussion.
• 9:05
  How come we don't see people do this?
• 9:09
  The the basin asks him and makes him know find out.
• 9:14
  He says really they should, but it's not a heave on the basin.
• 9:19
  It's it's he's really it's more of a Sarah.
• 9:21
  He leaves it as but he says it's a chiev not on the Baizdin to
• 9:26
  ask. It's a chiev on the person
• 9:29
  himself. The person himself should know
• 9:31
  the Halafa and should know that he shouldn't be asking for
• 9:34
  Attara without saying what he did and why he did it.
• 9:37
  And he's supposed to he's supposed to be a mafarite.
• 9:41
  And often we do ask so that we try and get that's often how we
• 9:45
  get a a PETA where we get him to say why he has Karata.
• 9:50
  But at the but bottom line, no, no, it's not always asked, but
• 9:55
  it should be, he says. And it's his.
• 9:58
  It's it's the individual's heels.
• 10:00
  OK. Umihu Bashi Farot, the ehrad
• 10:05
  Mahmatir in Saga. You know, you don't have to
• 10:07
  explain to all three of them. As long as you explain to one of
• 10:10
  them, then that's good enough. OK.
• 10:14
  And yeah, it seems like it may be a problem even with the of
• 10:18
  it. So that's important.
• 10:20
  Ted Vov. Yeah, main Matiri Neder Sheldava
• 10:25
  esser Afil Ella Esser Dara Bannam.
• 10:29
  All right, so now we learned that you don't want to be if a
• 10:33
  person made a neder and it's it prevents him from doing on on
• 10:39
  doing an esser. So you don't want to be a
• 10:41
  moderate because it's helping him to hold to uphold the esser.
• 10:46
  He's going to be he's likely he wants to be Nexchal in the
• 10:49
  Avera. So therefore you don't want to
• 10:52
  be Mata him because then he's maybe he's worried more about
• 10:56
  the nether than the Avera itself.
• 10:58
  So I feel like even if it's only an Ester Darabanan Kigon Liz
• 11:02
  Hulk in order to for gambling of IMI Tiru, Neder shall Schulk if
• 11:06
  he was Mata or Neder shall Schulk if if they did it anyway,
• 11:10
  even though we shouldn't. Yeesh.
• 11:12
  Matirian V yeesh. So some say it works and some
• 11:15
  say it doesn't. All right, right, if it works
• 11:20
  OK, Haga the imyesh mishalbenet, there's that could go and shesh
• 11:27
  lahushi avoir below hatara matiriano la hatila.
• 11:31
  So the Rama says that's really a den la hatila that we shouldn't
• 11:35
  be mature him because by not being mature him making him up
• 11:40
  hold his nether, making him stuck with the nether that he
• 11:43
  made. Now he's going to keep the the
• 11:45
  mitzvos of Hashem. He's not going to do the Avera,
• 11:48
  but he says, but if we know he's going to be next child anyway,
• 11:52
  he's telling you I'm going to do the Avera anyway.
• 11:54
  I can't hold myself back so that you don't want him to be over
• 11:57
  the S Sir, plus another. So then we're Matirino la
• 12:01
  Catrilla, right. The basin should go ahead and be
• 12:03
  Matteo la Catrilla. The no the shock and others they
• 12:11
  question the many don't agree that you should just be mature
• 12:14
  him. But the Ramat the end of the end
• 12:17
  of the day says if it's if it's a person, if it's just he
• 12:25
  doesn't, you know, a couple times a year for gambling to
• 12:27
  have fun once in a while. I mean it could be it's more
• 12:30
  common, but it's he's not doing it for a livelihood.
• 12:34
  He does it once in a while and then maybe that's it could be,
• 12:37
  perhaps it could be quite often once in a while, but it's, it's
• 12:41
  done, you know, for fun. He's not making a living out of
• 12:43
  it. He's doing it with quarters or
• 12:45
  dollars, small, small amounts of dollars.
• 12:48
  And it's just for Roshesh Kalim just for fun.
• 12:51
  So then he says you could be matiya.
• 12:54
  But if it's a person who's making a living out of it and,
• 12:59
  and then so then that's much more Khammur and that and makes
• 13:02
  and that can make him puzzle the Adis.
• 13:04
  So for that we're not Matiya, even if you know for sure he's
• 13:09
  going to do it anyway, that he's still that he's strict.
• 13:12
  He says we're not mad to him, OK?
• 13:21
  Person says he makes an ad there that he's not going to gamble
• 13:24
  and then he loses it a little bit.
• 13:26
  The the fameem is going to gain from Yervaklo.
• 13:35
  He'll feel better right? Get a rafua from going from
• 13:40
  losing his I don't know coming. I don't know the right word
• 13:44
  diagnosed the mental illness. What material low.
• 13:50
  So then we allow him because that's material means make means
• 13:58
  Atara atara sundarium so that he can get the rafua from his
• 14:04
  serious mental illness. OK, fine, let's go on Ted's on
• 14:13
  so you can know there La Boli finial material Keshiya
• 14:16
  Tirullah. Now it's important that that the
• 14:20
  the no there must come before the material.
• 14:23
  You must stand in front of them. The anal says Shalia Michelle
• 14:28
  and he's cannot you can't send a Shaliak instead of you.
• 14:34
  You can't have a bit send a Shaliak base it and says you
• 14:37
  want to be macho on your nether and have them do a Tara
• 14:41
  Sardarian for you with only the the Shaliak present and you're
• 14:45
  not there at all. Al Nidro on his nether.
• 14:49
  Can't you have to go there in person?
• 14:51
  Can you do it through writing or a telephone call?
• 14:56
  I think that is a it's a Suffolk.
• 15:02
  I think it's written. Yeah.
• 15:05
  So that's I think it's a Machlocus Acronium by being
• 15:08
  written What? No, no, no writing writing the
• 15:12
  Acronium discuss writing. I believe that's a Machlocus
• 15:15
  Acronium TAZ is one of the opinions and I'm assuming it
• 15:21
  would be somewhat similar with a telephone.
• 15:25
  I think could be a similar to Qatar.
• 15:27
  What's? The reason telephone should be
• 15:29
  dead. What's the reasoning?
• 15:37
  Not sure exactly. I think I forget.
• 15:41
  I think it's it's certainly for AI.
• 15:43
  Don't want to say for sure, but I think you need to get clarity
• 15:49
  and I'm not. I'm not sure.
• 15:53
  Exactly that, the level of commitment.
• 15:58
  Yeah, yeah. I'm not sure exactly.
• 16:05
  I don't know. We're supposed to get the
• 16:07
  reasoning also. I'm not sure exactly.
• 16:10
  OK, sorry. Maybe a little.
• 16:12
  I'll get a better answer. You had Zion.
• 16:17
  Oh, yeah. Yeah.
• 16:18
  We're going to discuss later. Later that, yes, for a wife,
• 16:21
  you're allowed to. We're going to see that later
• 16:22
  on. One can go in for his wife,
• 16:25
  Umatirin al Uday Turgoman. Now you can have a translator
• 16:29
  there. That's pretty simple.
• 16:30
  You're the the no there is standing there, but he just
• 16:34
  doesn't speak the same language as the but he didn't, but he's
• 16:36
  there. So for any clarification, I'll
• 16:40
  say you want him to be more serious.
• 16:41
  I mean, we can imagine, but you don't want him to call us Russia
• 16:44
  and make keep making it. Darn, if he's there in person
• 16:47
  it's a little bit more serious than just telling you know
• 16:52
  someone to go for you anyways. So anyway, so the translator is
• 16:56
  is OK Your design aim matiri na neder ad shiyako person cannot
• 17:03
  be matir until it's khal. So this is interesting.
• 17:07
  I'm going to keep reading. It could only be matir once it
• 17:10
  takes it gets into effect or you already make your your neder is
• 17:13
  khal will qualify what that means.
• 17:16
  Keitzad Harish Anish basholayocha basar shoshimyo
• 17:20
  mirosh kodesh ER Vinika. Hey Donisha, she comes here.
• 17:26
  A person makes another and it's he says it's not going to be
• 17:30
  called until Rosh Kodesh. In other words, I don't know
• 17:34
  another month from now. Right now I can eat.
• 17:37
  I I made another about not eating meat, but right now I can
• 17:40
  eat meat that my nether is for a month from now, Rosh Kodesh ER,
• 17:45
  whatever it is. So you have to wait for the
• 17:48
  nether to to when it's applicable to you, when you stop
• 17:52
  eating meat, in order then to do the nether the meat after our
• 17:56
  start. And he changes his mind
• 17:59
  afterwards. He has to wait till the Tinus
• 18:02
  begins. That's what it sounds like.
• 18:05
  Cabala is one thing, but you're talking about nether.
• 18:07
  If a person makes a nether to do Tinus, so then you have to wait.
• 18:11
  It sounds like you have to wait until the day of the Nether.
• 18:16
  OK, maybe from the evening already.
• 18:18
  I don't know. Maybe not.
• 18:19
  It's a different day. Good question.
• 18:21
  OK, I feel a Malcolm. I know there ain't material no
• 18:27
  achiaco. Even though it might come to a a
• 18:31
  mixture, a problem that he might, you know, he'll forget.
• 18:34
  He'll whatever it is. So then we still have to wait
• 18:38
  until it's come Nicole Chicane. No, there all tonight.
• 18:41
  She ain't material no achiaco, and certainly if a person does
• 18:46
  it all tonight, like only if this were happened, then I make
• 18:51
  the neder or then the neder's call.
• 18:54
  So then for sure you have to wait until The Tonight comes in
• 18:57
  right. Is there anything to be Mazaris
• 18:58
  himself or to punish himself or someone?
• 19:01
  So then you wait until it's it's not even a call Now tonight
• 19:05
  didn't even happen yet. It's not a for sure.
• 19:07
  So then you have to wait who? I didn't lumina de oxmo altanai
• 19:12
  Shay my tirino achiyako hanidui. A person puts himself in nidui.
• 19:17
  So that's so too until it's Khal, until it's Shia.
• 19:20
  You're not. You don't do hatara ABBA.
• 19:23
  They have Faris ABBA al OK, but taris harmeet sibor in a tsarik
• 19:27
  Shiako another. So I don't think we discussed it
• 19:29
  much. But if a person is a Faris, the
• 19:31
  husband, this is not really Hataris Nadarian.
• 19:36
  You want to just totally stopping the the the uprooting
• 19:44
  from now that with the the the net of your wife or a daughter
• 19:48
  or whatever it's Shia for. So then you are you can you then
• 19:53
  you don't. You don't need to wait.
• 19:55
  It's up. It's it's all up to you.
• 19:57
  There's no you don't need any Karata.
• 20:00
  You don't need anything. It's just you stopping it and
• 20:03
  and in fact by a far as Sabal could be you have to do it right
• 20:06
  now or you lose it. The Hain.
• 20:09
  We'll see. The Hain.
• 20:11
  And then also by a Haramet seaboard.
• 20:13
  They can undo it at any time. And they don't.
• 20:17
  You don't have to wait until it's right.
• 20:21
  But how far are we going to get to later?
• 20:25
  Fine, Let's keep reading. OK, Fine.
• 20:29
  What's our story here? Maybe we'll do one more.
• 20:36
  OK, let's do one more here. Misha Nisha, another Shim lawyer
• 20:40
  for Anu Hamid Koda Mapesa Shaloyeka Gadzeret Bahir and the
• 20:46
  Ghia. So Shaloyeka Gadzeret Bahir, if
• 20:50
  a person makes a neddin Shu or whatever it is that he's not
• 20:55
  going to pay his father-in-law back, wait Shalaya for Anu if
• 21:01
  his. Father-in-law doesn't pay him
• 21:03
  back. He's not going.
• 21:04
  To right, it doesn't pay him before PESA is not going to
• 21:09
  visit him right? Yeah, typical family issues.
• 21:12
  If they don't pay you back now by a certain date PESA, then I'm
• 21:16
  not going to see you for a Chevrolet.
• 21:17
  So you're uninvited or OK Hegea PESA comes along PESA the low
• 21:24
  pero and he didn't pay him back vineet correct And now he feels
• 21:29
  bad Ain't material. We just learnt you cannot be do
• 21:34
  a tiresidarium until Shahruz because it's not the Ned there
• 21:38
  The the it's not really hull. The the functional part of the
• 21:42
  Ned there isn't applicable or hull up until Shahruz comes.
• 21:48
  He didn't pay him peso, but the punishment of the Ned there is
• 21:51
  only really applicable for Shahruz.
• 21:55
  That's when he's not going to see him.
• 21:56
  That's what that's what the the nether was for.
• 21:58
  So he has to wait until she wants to do at the Tara Saddam,
• 22:00
  but maybe too. Late for a glitter of Saddam to
• 22:03
  get to. Each other right, but nearly so
• 22:09
  it could be you can go a couple even the same city yeah you.
• 22:13
  Don't be nothing once she. Was starts you you could be much
• 22:16
  another on shoe that's why not if it's at Sarah for Yom Tov and
• 22:20
  Chavez. I think we learned that that
• 22:21
  you're allowed to. I think he made another that he
• 22:33
  won't be in the same city as him for they won't be in the same
• 22:38
  city. Something like something like
• 22:40
  that. Whatever, whatever it means, you
• 22:42
  won't be in the same, whatever it is, but it could be a couple
• 22:45
  hours before. We're not going to get into it,
• 22:47
  but it could be a couple hours before you could be a matcha
• 22:51
  because it's already Shia to that day and you can't travel
• 22:55
  beforehand. So it already takes a pawn.
• 22:59
  Forget where we saw that, but it already takes a pawn already.
• 23:02
  So I believe that it's already, but it could be already from
• 23:05
  midday or two hours before the hour of the day already starts
• 23:09
  because it's not Shia. That's the one who says that.
• 23:14
  I know I saw that, but OK, So when if it's Nogea, we'll have
• 23:19
  to look it up. Exactly what the what, what,
• 23:21
  what you know what hour that you have veneer?
• 23:24
  Ali Shakhanar concludes she told she had tear lo bapam akhas
• 23:28
  akhara, pesa, the akhas akhara at seras.
• 23:32
  So since you had until it sounds like the end of Pesach to pay
• 23:36
  you, you should do a Tara immediate If you and if you have
• 23:39
  kharata, you should do a Tara immediately after Pesach and
• 23:42
  again immediately after Chauvous begins, because there's two
• 23:47
  opinions. One opinion says you can do it
• 23:50
  immediately from when you make your Ned there.
• 23:53
  One opinion says you have to wait until it's actually
• 23:55
  applicable to you. And so if your opinion is
• 24:00
  waiting, but in order to cover of a mixture, you cover your
• 24:03
  bases, so to speak, and just do it twice and it at least it
• 24:06
  helps just in case. All right.