Latest / SHULCHAN ARUCH YOMI: Own the Halacha in 25 minutes a day! / Yoreh De’ah 238:1-6. Oaths: Eating, Drinking, Amounts, Kezayis, Edible, Additional Kollel Oaths

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Yoreh De’ah 238:1-6. Oaths: Eating, Drinking, Amounts, Kezayis, Edible, Additional Kollel Oaths · SHULCHAN ARUCH YOMI: Own the Halacha in 25 minutes a day!

• 0:00
  OK, good morning. We are continuing.
• 0:01
  Resh Lam and Zayn Sayef Gemma Amar heba Allah heba Arur.
• 0:11
  You're using a word of a curse and this is basically a
• 0:15
  continuation from yesterday's intro from Shahul and Seifer
• 0:19
  Shamua Imlo said Davar Ploni. You use the words of a curse and
• 0:26
  then and then in order to not do something right, that's the
• 0:30
  Shiva not to do that item. OSHA Almarley Akher came or
• 0:37
  someone says to him, you know, Shivua that arur or Allah and
• 0:43
  that you're going to do about Allah you're going to do, you're
• 0:46
  going to do something or not do something but Kibo Dvarov and
• 0:49
  you accept it by answering Amein or Hain or something like that.
• 0:54
  Abe Kishivua, that's a mamash, Shiva da araisa.
• 0:59
  So in other words, what you can either use the word of a Shiva
• 1:03
  or you can use the word of a curse.
• 1:07
  Either one of them has a connotation of an oath of a
• 1:10
  Shiva and it's called araisa. And we learned, regardless
• 1:16
  whether you use Hashem's name or not, with the shem's name, it
• 1:19
  would be kind of malchus and a korban.
• 1:22
  Otherwise you probably not. At least that's simple
• 1:26
  explanation according to the Rambam.
• 1:28
  Shalkhanarakhan, the araka shalkhan Alpha P Shalohi skier,
• 1:31
  low shame below kinoi, right? Even though you didn't say
• 1:34
  those, you left out a kinoi of Hashem's name or sham's name.
• 1:38
  It's fine. Dalit Omar, someone says the
• 1:42
  word mifta. Instead of saying the word
• 1:45
  shivua, you used to use the word mifta.
• 1:47
  Shesa devar plani mifta, that I'm going to do this tonight,
• 1:50
  this thing. All right, you use the word I'm
• 1:53
  taking an oath, you're going to do something, right?
• 1:56
  It's in any language. We said O Shiloh hassana or you
• 1:59
  use that word MIFTA or taking an oath that you're not going to do
• 2:03
  something, have ke ilu Omer shivua.
• 2:06
  It's the same as using the word shivua.
• 2:09
  And if you look in the shock that he just points out to you,
• 2:15
  I mean, we know it from Khamesh, it's quoted Tisha Virginia
• 2:21
  levate Vista time. It's that's the expression of
• 2:25
  mifta. All right, Dalid.
• 2:30
  All right, We just said that one, right?
• 2:34
  That was Dalid Omar Mifta. Hey, Omer PO amain al davar
• 2:38
  echad E asenu Aloha asenu Javi Shiva.
• 2:42
  If you say, if you say it twice that you're going to do
• 2:47
  something or not do something, so that also counts as a shivua
• 2:52
  because when someone says something twice, that means
• 2:55
  without using the word shivua, without using the word curse
• 2:59
  then or the oath, whatever it is, you don't use those words.
• 3:02
  If you say that you're doing something one after another
• 3:05
  right away, then that is a shivua.
• 3:09
  If you use the word shivua, you only have to say it once.
• 3:11
  Obviously in all cases. So but not in all cases.
• 3:16
  It depends on it depends on the situation.
• 3:20
  Let's say someone asks you to repeat yourself exactly.
• 3:24
  I think in they say that, but let's keep reading The Who.
• 3:32
  That's if you have kavana for a shivu Abu medwar memoriam Ke$ha
• 3:35
  amramzeh karzeb below have SEC like you repeat it twice.
• 3:39
  I'm going to take this to the store.
• 3:41
  I'm going to take this to the store.
• 3:42
  And no one asked you to explain yourself.
• 3:44
  And and no one said what'd you say?
• 3:46
  Or no one's it's clear about him, about Shimoto Allah.
• 3:50
  But if they say what did you say?
• 3:51
  What did you mean by that? And you're fellow mayor Loisenu
• 3:56
  and Obiksha Odd. And they say tell me again, the
• 3:59
  Almer Loisenu. Aloha.
• 4:01
  All right. OK, well Mish and Ishba
• 4:07
  bashamayim uba arts uba shemesh person makes a shivuah.
• 4:14
  OK, simple reading, well simple reading and this is from the
• 4:19
  Rambam, Shalkhanara, the Bach, the Arakashoghan, generally all
• 4:23
  the no say kaling, at least if they comment on it.
• 4:28
  Simple reading is anytime you say the word, even if you say
• 4:31
  the word hashavuah and then you say bashamayim ubaritz or
• 4:37
  bashamayim or I don't know, whatever you want to use, and
• 4:41
  you're referring to the 1A pishaein kavanato El amisha
• 4:47
  baram. You're clear.
• 4:49
  Kavana is for the one who created them.
• 4:52
  We all know you're referring to a Kurdish barko, the bere olam,
• 4:54
  when you say this example. But you didn't use the word
• 4:58
  Hashem. You didn't say the word bore
• 5:00
  olam. You said bhashamain.
• 5:03
  So you meant who created the shamaine, but you didn't say
• 5:06
  that. So any of these cases Ena
• 5:10
  shivua, it's not a shivua, right?
• 5:13
  Even if you were you use the word shivua and you had a minor
• 5:17
  Kurdish barthel, it's not a shivua because you did it
• 5:21
  because in if you would have just said hashivua, that would
• 5:25
  be a a, that would be an oath, A shivua that's binding there Isa.
• 5:29
  If you would have said hashivua belokim, that would be a shivua.
• 5:35
  But if you would have said it shivua Misha baratha olam,
• 5:39
  that's a shivua. But when you say shivua
• 5:41
  bashamayim, it's, it's a negative.
• 5:44
  It's you're taking it the shivua away from Hashem because it has
• 5:49
  to be really kavana to Hashem. And if you don't say Hashem's
• 5:52
  name, we assume it's as if you said it in Hashem's name.
• 5:57
  So here, so you used a different object.
• 6:01
  It's not a binding shivua de araisa.
• 6:04
  Obviously you don't want to mislead people.
• 6:09
  You don't want to profane your your your mouth and your D bore.
• 6:14
  OK, Yeah, it's yeah, it's OK diverting from God, whatever.
• 6:19
  It's something that went away from a the kavana of a normal
• 6:22
  Shuva de Raisa happens to be, though, if you look in the
• 6:25
  piece, great Chuva the chamas. Adam says if you would say the
• 6:29
  words hash Nishba bashamayim, it would be Khal I and Sham.
• 6:34
  But that's really against all the everybody else.
• 6:38
  Fine, let's keep reading the Hua din Lanishba Banavi mahanavim.
• 6:45
  If you make a shivua on Moshe Yishayao, you pick your favorite
• 6:50
  Navi, whatever alvadia, whoever it might be some.
• 6:53
  And that's, it's not binding, isn't it?
• 6:58
  That's not even though you meant the one who gave navua to this,
• 7:03
  to this Sadiq. It's not enough to this Navi.
• 7:06
  It has to be in Hashem's name, OK?
• 7:08
  And so since you changed it from Hashem and you put it on
• 7:11
  something else, that doesn't count, OK?
• 7:16
  Oh, bish arktab mikit veha kodesh.
• 7:20
  Or also you make a shivua on kissve kodesh.
• 7:24
  It's also generally speaking, we're going to keep reading.
• 7:27
  It's a not call, OK, Right. Obviously you meant the one who
• 7:35
  gave the navua. You meant the one who commanded
• 7:38
  the words in Tanakh. It doesn't matter.
• 7:42
  Everything that you write. You meant a Karish Baraku.
• 7:44
  It doesn't count. Oh, one second.
• 7:50
  However, the shock points out, if you we're going to keep
• 7:54
  reading. Oh, if you swear on the Torah,
• 7:57
  then you need to do a Tara, whether it's me din or Mikhomra.
• 8:02
  OK, let's keep reading. Oh, bishul Khanna Migdash or you
• 8:07
  make a Shiva on the table that's in the in the base on Migdash.
• 8:11
  Also, it's not it's not binding me din Shiva Amish.
• 8:15
  Oh be Echad Mikhailay Hectesh or any of the holy Kaleen from the
• 8:21
  base on Migdash. My I mean alayam Umar ilahem
• 8:25
  shizu Shiva kade shala Ian hagu kalut rosh mishivuot uma tyrion
• 8:31
  lahem. But in all these cases, in all
• 8:36
  these cases we make him, we tell them you have to keep it and you
• 8:40
  have to do ataris shivuas, ataris nadarim anyway, so, so
• 8:45
  that people should not make shivuas like this.
• 8:48
  OK, All right. So depending on the situation,
• 8:52
  generally it's not me then Shiva bindar aisa, it's only me there.
• 8:56
  Abanan in general. OK, Haga, the call is that shalu
• 9:02
  Natalambiado. That's if you're not holding,
• 9:06
  let's say the safer Tara of all the kids, they call it
• 9:10
  Shalimnathobiado Katav ashurit. But if you're holding in your
• 9:13
  hand the Katavab sharit, I feel in Iraq, even if it's it's not
• 9:21
  enough, you're holding Ektab Ashrit in your hand.
• 9:26
  Oh, aleph bait Shambarak otiot just got the Hebrew letters in
• 9:32
  Nishba behen. If you swear on them, behen
• 9:35
  biato, it's in your hand. Have a Shiva, that's a Shiva
• 9:39
  bhua din imlakhzan biado. And even if you're not mamish
• 9:44
  holding them, you're not picking them up, but it's down on the
• 9:51
  table right in front of you. You put your hands on them, the
• 9:55
  Amar Bameshikatu Baham, and you say what's in, you know, making
• 10:01
  a shrewa based on what's written inside of them.
• 10:05
  So then it's much more binding. So that's in front, right?
• 10:13
  If right, if it's in front of you, then it's more binding.
• 10:18
  Again, we'll leave it out for now.
• 10:22
  But if it's in front of you, it's certainly more it's it's
• 10:26
  binding on some level mid in Shiva.
• 10:28
  And as we said before, in all these cases, we're Mahmir to
• 10:32
  make you do Ataras Nadarian whenever possible.
• 10:35
  One second. Hello, let's resign Hanish Baba
• 10:38
  Sarathidhibrot Shivuragumuragi. However, Sarah Tadibros has a
• 10:44
  special status from a Kurdish baraku.
• 10:47
  It's it's certainly more Yasoda stick for the the entire Torah
• 10:54
  now that parsha has equal kedusha to the rest.
• 10:58
  But those have much more meaning to us.
• 11:01
  And therefore when you do it on the Sarah Tadibros, then it's a
• 11:05
  Shiva Gomorrah. And that's either.
• 11:08
  And the shock says even if you're not holding it, even if
• 11:11
  it's not in front of you, it's a discussion.
• 11:13
  If it's mediraisa medira banana, like how much or how much
• 11:17
  Medina? But that's the simple suck.
• 11:21
  Fine. And that's what we follow those
• 11:23
  technicalities. How much of it is humor or
• 11:26
  Medina? Fine, So let's go on to Khet
• 11:30
  Yamin Shivua, Bahrain small. If a person's you says the word,
• 11:39
  I'm making a shvua on the yamin or I'm making a shvua on the
• 11:43
  small, on the right or on the left, and he has kavana.
• 11:49
  He means the right hand or the left hand of a Kurdish barfu.
• 11:53
  And not that Hashem has hands, but that's how we understand the
• 11:58
  Kurdish barfu. That's how we relate to a
• 11:59
  Kurdish barfu, with feelings, with time, with hands represent
• 12:05
  different items. But again, it's not that he has
• 12:07
  an actual hand. Nothing physical, of course, but
• 12:11
  you use that expression and whatever Kaviakal, his right
• 12:16
  hand or left hand represents, it's a binding Shivua.
• 12:21
  I'm either I said the mistama, the Ektiv and the from the
• 12:25
  Kumar. That makes it Russia from
• 12:27
  Yushayo again. It's Adrasha.
• 12:31
  Yeah, let's read it. Anishba Hashem be amino will be
• 12:34
  zoroa uzo kurish barkhu. He's referring to the Ghula.
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  And eventually the enemies will fall and no longer affect, hurt
• 12:47
  us. And so Hashem makes a shavua
• 12:50
  with his right hand and his left hand, because I'll explain that
• 12:56
  that Yamino's referring to his right hand Kaviako and his left
• 13:01
  is ROA Uzo as his left hand. Yes, some of them are Farshim on
• 13:05
  the Tanakh says much more of a kefal lotion.
• 13:08
  But anyway, that's how Khazal learn.
• 13:13
  And certainly for this Salaha Haga who she having Gankeinly
• 13:17
  Amin with small and again, he just says what we said.
• 13:21
  It means you have kavana that you're referring to the right
• 13:24
  hand and the left hand of a kaddishbarkle.
• 13:26
  OK, let's go to tet yadot. This we mentioned already here.
• 13:31
  It's clear yadot shivua kishvua. We mentioned that using yados.
• 13:38
  We had this by nidarian. We mentioned it we touched upon
• 13:40
  by Shavuas. If you use an expression that's
• 13:43
  like a shortcut, but we all know you're referring to an
• 13:47
  abbreviation, a shortcut, right? OK, so it's referring to a, to a
• 13:53
  shivua. So then it's it is a shivua.
• 13:55
  It has the same status as if you use the full word shivua or
• 13:59
  shivua sham or whatever it is. And what's an example?
• 14:02
  Keitzad of Yados Amar person said Kaneder ishayim Shiloh O
• 14:09
  kikar ZE. So this is interesting.
• 14:12
  It's like a almost like a double yacht.
• 14:14
  You're saying, and so here, this is a shivua, not another because
• 14:22
  you're saying you're not going to eat something, you're not
• 14:23
  going to do something. So it's a shivua.
• 14:25
  But you were the you use the words Kaneda rashaim.
• 14:28
  We didn't say bishvua. You said Kaneda Rashaim and it
• 14:33
  still counts because rashaim, right?
• 14:35
  Sadiqan no, not to make nadarim. It's not appropriate.
• 14:39
  Maybe zeros, but generally we we don't make nadarim.
• 14:43
  But Rashaim they're quick to make shivuas and nadarim.
• 14:47
  So since they're quick to make shivuas, when you say Kaneda
• 14:50
  Rashaim and you use an action, something that would apply to a
• 14:56
  shivua, even though you said the words Kaneda rashaim, it does
• 14:59
  count. Denyados, it is a shivua.
• 15:04
  OK, good. Kinoy shivua kishibua.
• 15:09
  And if you use also any expression, we could also
• 15:14
  mention this. Any expression of a shivua
• 15:16
  counts as saying the word shivua, right?
• 15:19
  We mentioned you can say the word taking an oath or a vowel,
• 15:24
  and that would have shivua de raisa katesa, or you use the
• 15:28
  word. What do you, what do you mean by
• 15:31
  this Chevuta? You use the word chevuta.
• 15:34
  You don't say the word oath. You don't say the word chevua.
• 15:36
  You say the word chevua. I'm not going to eat apples
• 15:40
  today. OK, so that's a chevua, all
• 15:43
  rice. Oh, Shikuka, you said the word
• 15:45
  shikuka. Shiloh.
• 15:47
  Oh, Kikarze, I'm not going to eat this loaf of bread, right?
• 15:50
  Or shivuta, I'm not going to eat this kikar of this loaf of
• 15:53
  bread. Oh, so we don't use those.
• 15:57
  We don't use these words. It means it's the in the times
• 16:02
  of the mishna or in the times of the mission.
• 16:05
  Now this was known as slang for shavua.
• 16:11
  OK, you can go into ideologies, but we'll pass on that.
• 16:18
  So let's keep reading. Let's keep reading.
• 16:20
  Or mumi, you say the words mumi, I'm not going to eat.
• 16:25
  Or umi, you say the word umi. I'm not going to eat of from the
• 16:31
  targum. OK, lasham targum.
• 16:33
  Thank you Aramaic. Right.
• 16:36
  Here's another one. Aval Amar beumpta.
• 16:40
  If you say the words beumpta or you say the word betumi, not
• 16:46
  umi. Bet betumi at the bet enoklum
• 16:49
  has does not mean a Shiva. Again, it's because in those
• 16:54
  days they use these words to state a shivua.
• 16:59
  Keep reading. This is according to those days,
• 17:04
  Livnay, Adam Shalu, Ayubhikim Bhati, Vashana, Kodesh.
• 17:08
  There were people who lived in those days, I don't know, 2-3
• 17:10
  thousand years ago. They didn't really know Lasha
• 17:12
  and the Kodesh very well, but they knew Aramaic, right?
• 17:19
  And it really depends on the time and place.
• 17:24
  So clearly you, I mean, it's clear in the Shalkan araf.
• 17:27
  No one argues Nasser Kalium, the ara shalkhan, that using these
• 17:31
  words would not have a connotation of a Shiva mistama.
• 17:35
  I don't know. Maybe if you wanted to and you
• 17:36
  told your friend I'm having the connotation of a Shiva, I don't
• 17:39
  know. But generally speaking, a person
• 17:41
  uses any of these words. It is not a Shiva because no one
• 17:44
  uses these words. And it's both lahosi fakunium
• 17:47
  elu or ligroa mehem. So in other words, it all goes
• 17:51
  by the time and the place. If people don't use them for a
• 17:54
  lush on shivua, it's not a shivua.
• 17:56
  If people use new words, if there's another word nowadays or
• 18:01
  Khashoghan says maybe manut, use that word.
• 18:04
  Maybe that would have a connotation of a shivua.
• 18:06
  Again, now Khashoghan doesn't live in modern day Hebrew.
• 18:08
  So it all depends what was he 150 years ago, whatever it is.
• 18:13
  So it's all depending on the time and the place.
• 18:16
  Yeah, whatever, whatever is used nowadays.
• 18:18
  And again, same with English or any language.
• 18:20
  OK, it applies to any language, but it has to be what people use
• 18:23
  in those days. Haga.
• 18:25
  Oh, I'm sure Lamar Balash and Akodesh and Muna of a person and
• 18:28
  say say again, this is just continuation.
• 18:32
  But really, again, it depends on the but you're right.
• 18:36
  If you use lush and Nakos, you say the words E muna that I'm
• 18:38
  going to do something or some say bet E muna, I'm going to do
• 18:41
  something. I'm not going to do something.
• 18:43
  Aloha say I'm not going to do something.
• 18:44
  Alpha P Shaheen Kineter Zeruzin Mikomakom by E Hatara, even
• 18:48
  though it only has the status of Zeruzin, Zeruzin to get you to
• 18:52
  do something, but it's not a Manish Shiva de Arisa.
• 18:56
  OK, Bamuna might be different in those days, but whatever.
• 18:59
  Let's go on to let's just hear it wrap up.
• 19:01
  You had olive. You say the lotion shavua that
• 19:06
  I'm not eating from you or with you, whatever it is, those are
• 19:10
  the words that are used. Or you say hashavua or This is a
• 19:16
  little bit less intuitive. If you use the word la shavua or
• 19:23
  the mission also has it low shivua.
• 19:26
  We're just going to move on here.
• 19:28
  It says, and you use the either or low shivua.
• 19:32
  It's I'm not going to eat with you.
• 19:35
  So use that expression now is it's to eat with him.
• 19:40
  That's the Shiva that you're not going to eat with him.
• 19:44
  That last one, it might mean low Shiva, I'm not going to eat with
• 19:48
  you. Whatever it is, it's understood
• 19:50
  to mean that you're not going to eat with him.
• 19:53
  However, that plays out a little tricky.
• 19:55
  You'd bet Amar Hashvua Shawaha president says a Shiva that I'm
• 20:00
  going to eat with you. Nish Bashi Yokhal, that's a
• 20:02
  Shiva that he is going to eat with him.
• 20:09
  Makes no difference if this is a continuation from a pre.
• 20:13
  Conversation where you're they're trying to, he's trying
• 20:15
  to get you to eat with him and you don't want to eat him and
• 20:18
  then you say right, If you say those words says if you say I'm
• 20:25
  making a Shiva, I'm going to eat with you.
• 20:26
  That's what it means. I'm going to eat with you.
• 20:29
  Now you'll understand where it's coming from.
• 20:34
  But there is an opinion, and I don't know, usually we say one
• 20:42
  should be like this one, if the conversation was going, he's
• 20:49
  trying to get you to eat with him and you say no, I don't want
• 20:52
  to eat with you. And he says no, no, no, eat with
• 20:54
  me. And then you just call out to
• 20:55
  the Almar. If after that discussion, you
• 21:00
  use the word again, whether you understand or not that's how
• 21:04
  people spoke then or whatever it is that might mean really what
• 21:10
  he's trying to say is enough already, Shuwa, that I'm going
• 21:13
  to eat with you. He really meant it really means
• 21:15
  I'm not going to eat with you. And so then it would be Usher to
• 21:18
  eat with him. And Eric Ashokan importantly
• 21:21
  points out all these last cases. It's if you just say it's thumb
• 21:25
  and we're just trying to interpret what you mean.
• 21:27
  But if you explain yourself what you meant, any of these slightly
• 21:32
  ambiguous cases and you explain what you meant, we believe you,
• 21:36
  Neman, for you to explain what your kavana was.
• 21:38
  And that's the Shiva.