Latest / SHULCHAN ARUCH YOMI: Own the Halacha in 25 minutes a day! / Shulchan Aruch Orach Chaim 382:1-382:13

Transcript

Shulchan Aruch Orach Chaim 382:1-382:13 · SHULCHAN ARUCH YOMI: Own the Halacha in 25 minutes a day!

0:02
Hey bet if Olive that's what we're holding.
0:06
I just one last thing on the last Ceilman page before and
0:11
Zion where it says Mavatlin, Bukhoser and Mavatlin in case I
0:15
misspoke or was unclear. If none of the let's say you had
0:20
four people and none of them made an air of each one is
0:24
mavatal, each one has to be mivato to only one person.
0:29
They can't be in the OR to a group that made an error.
0:33
Like if you had four people and two of them didn't make an error
0:40
then the other two people can't give it to the two who didn't
0:44
make an error. Just if you listened again
0:46
yesterday when you when you mivato yourself it has to be
0:53
that you can have 10 people and none of them made an error but
0:56
they all have to make their bital to one person or one group
1:01
that had an error. You can't do a bital to two
1:05
people who are don't have an error together and and you can't
1:10
do one and then the other because it just the other two
1:13
are always O star on each other and it's never called.
1:15
Doesn't just the mechanism the way has all made it doesn't
1:17
work. So anyways OK Shinpei bet olive
1:24
now the last summon was a little bit less halaha la Maisa.
1:28
This doesn't usually come up. This is more and a little more
1:32
simple anytime you have an A roof.
1:36
So the right we learned the first thing is you need to make
1:38
sure you have dollar four walls that's enclosed and the next
1:42
thing you have to worry about is that there's Jews over there and
1:45
one have more than one Jew living there or in other words
1:51
more than one household of Jews. So then they're O star on each
1:56
other unless you make an eruvate khatzeros right.
1:59
That's from Shawmu Amela. And then if you want to now if
2:04
there's a non Jew living there that's one other thing to worry
2:07
about. So let's read haddar IMA akum if
2:10
a person lives with a non Jew and using the same Khatsar or
2:14
same apartment building for that or does that matter?
2:17
Ain't no oh Sarah I love just that you.
2:19
If you are a single guy and you live with only non Jews in your
2:24
building or the homes around 1 khatsar all non Jews that's not
2:29
a problem you don't have to make an air of and you don't have to
2:32
worry about it. You can carry from your house to
2:33
the khats there and into his house no problem.
2:37
Agyu shne used to alien dharam B shne battim until you have at
2:42
least two Jews living there in two different homes and then
2:47
that's when it becomes an issue and when they're osrum zeh alza
2:51
if the two Jews make it usser to carry into the hutzer without an
2:55
eruve hutzeros once that's established then Aza akum osser
3:01
alem the way the hutzel made it then only then do you have an
3:03
issue that you have to now take into account how to deal with
3:06
the non Jews. Again the reason for all this is
3:12
we're going to see here. Let me finish reading and then
3:13
we'll say the reason ain't no Moto Shia vato la aku mashuso.
3:17
Now, you don't make an arrow with the non Jew.
3:20
You don't tell the non Jew to give a piece of bread that
3:23
doesn't do anything. You or you don't be.
3:26
You don't make bread. And have in mind if you're going
3:28
to buy the the matzas, whatever you're going to use and have in
3:30
mind that that includes the non Jews doesn't do anything.
3:34
And it doesn't help to have the non Jew to be my vatel Rashuso
3:37
to say it's not my property you can use it.
3:41
Well it's Sarik. The din is it must be exactly
3:44
like so Sarik. She has KIRO Mimano in the non
3:48
Jew. You'll have to pay the non Jew
3:51
to use his portion of his rights to use the cutter or his house.
3:58
Whatever you want to use to carry into Okay.
4:03
Now why is it if only if there's Jews there and if it's a single
4:06
Jew among non Jews? Because because all we're not
4:09
goes there for something that was so uncommon, it was uncommon
4:13
that a Jew would want to live only among non Jews.
4:18
Also because they were, they're afraid.
4:21
Non Jews often and especially in those days were more hushed for
4:27
Shvik Hasdami for murder and so it was considered dangerous.
4:31
Most of us wouldn't want to live only among non Jews either, but
4:34
that's anyway so that's not because.
4:37
So that was very uncommon and wouldn't happen.
4:40
Now once you're living with Jews, some people might be happy
4:45
to live some non Jews as well. However, Cazal did not want
4:49
that. We don't want to be mixed too
4:51
close to non Jews. We can learn from them.
4:53
I mean expression it's given from Cazalas because you might
4:59
learn from them. I mean there's also issues of
5:00
custom us but we didn't want them to be too close now so they
5:05
made it so that you're obligated to rent out land that would put
5:10
a little of a of a distance and it be.
5:13
And this whole concept of going to a non Jew to rent from them
5:16
would be uncomfortable and difficult and many times the
5:19
Jews would refuse the non Jews would refuse to rent out the
5:22
land because it be a phrase the Kumar explains an Arabian
5:25
because they would be afraid you might they might be afraid
5:27
they're going to not allow it and they might say what do you
5:30
mean if I rent out the land you're going to the next thing I
5:32
know you're going to start telling the city that it's yours
5:35
and I gave it to you forever. So a lot of non Jews are going
5:37
to be skeptical and afraid you might be stealing their property
5:40
and they're going to know and then the Jews are going to be
5:42
forced to move. And that's exactly what because
5:44
I wanted you to do because I did not want you to live with so
5:49
close to the non Jews. And even if and we hold that you
5:54
could even do a skiros uwa Kazal say a week lending and we're
6:01
going to see a couple examples. And so therefore even though
6:05
there's going to be nothing in writing, they're also afraid of
6:08
witchcraft and who knows what the Jews are doing and we always
6:10
know the Jew might want to Jew you and whatever etcetera.
6:13
So therefore it would be difficult for them to to agree
6:17
even. And that's exactly what Kazal
6:19
wanted. Okay.
6:20
Now let's read in. Yeah the haga Issa El Shahiskar.
6:29
Oh he show Beethoven any hoody Eno osir I love if a Jew rents
6:34
out his. Let's say the Jew owns the the
6:38
house and then he rents it out or lends it to a non Jew.
6:44
If that's the only non Jew there in the khatsar you don't have
6:47
to, you don't have to pay him for his rights to use the land
6:51
for Shabbos. You just make your air with the
6:53
Jew and you don't have to worry about renting the land to the
6:56
non Jew. The lohis care oh he Sheila Beto
7:00
Kadesiasarella is the person wouldn't rent out his field his
7:04
house and then end up losing out and now he's not allowed to
7:08
carry. It's like when Mailer just built
7:10
into the to the system and therefore it's not a problem.
7:14
Another reason given is because the Rashba says that it's very
7:18
uncommon for someone to want to for this for this to happen and
7:22
therefore because all Warren goes there in such a case the
7:26
grub points out that this only works that he's you know those
7:32
are allowed if you're allowed to kick out the non Jew whenever
7:35
you want to. So normally when people rent out
7:37
these guys it's more about this contract and you can't just kick
7:40
someone out without due process. Probably even if there's no
7:43
contract the government doesn't let you just kick someone out on
7:46
the whim's notice. I'm not sure.
7:47
But anyways the point is the girl says that if the non Jew
7:52
can't be kicked out immediately then you actually still do need
7:55
to rent from him. Okay correct.
7:59
Oh sorry. Continue in the in the Rama Aval
8:03
Imhabai show in the Yehudi and if the house belongs to a non
8:07
Jew originally USA karo esrami Manu.
8:10
And then a Jew rents out the house or the apartment from a
8:14
non Jew then the hudi darba byte emo and then the non Jew also
8:18
lives in one of the other houses in the OR in the in the
8:22
apartment building aims the guru to buy it Mulilian Skrita Erov
8:26
when you rent out your house your apartment it's not enough
8:30
you not only you're renting that for yourself to live in you
8:33
still have to then go again If there's Jews and Andrews there
8:37
then you start with an Anju and rent out specifically to use the
8:41
common area from him so that you can carry Easter El shehishio Oh
8:46
he's scared by it. Well Jabero remalcolm Shadarim
8:49
Ena Mihudim. Now a Jew had owns two houses 2
8:53
apartments and then he rents out one to another Jew.
8:55
So off of a pishiyish words BI, even though we learned that when
9:01
you have an owner of two homes and he rents out one of them and
9:07
he has some of his property in that home.
9:10
So we learned what it's called FISA YACHT or FISA the light.
9:15
And therefore you don't have to make an error with that person.
9:19
Lo Mahani. It doesn't help for the purposes
9:22
of the non Jew because even though there's once you have two
9:27
Jews living there you're both higher than an arrow but there's
9:30
a pouture. This is how the rama's learning
9:32
it. But there's a pouture now that
9:34
since he has to be so God, it's like he made an arrow.
9:37
And therefore but since the Edson they're still a din.
9:41
You have to make an arrow cuts arrows.
9:43
Now there's a goy living there. You have to rent out land.
9:45
But we can we score me Ena yohudi.
9:47
But it's a Mahokas acronym. The Grass argues and says that
9:54
once the two Jews don't have to make an area of caceros
9:57
practically, then you no longer have to.
10:00
They're not post streams as they don't have to rent out one from
10:03
another. Okay, just what I say, if
10:09
there's two if there's two Jews and one rents it out to the
10:14
other and he has to fix this yacht.
10:15
Since he has to fix this yacht in the other house they don't
10:18
have to make an area of caceros. Then you don't have to rent out
10:21
from the gloy. The Rama says you have to but
10:27
many acronym in the Gras say you don't have to but leave it as an
10:33
apartment building with Jews and non Jews in this.
10:36
Well, in an apartment building the Lord is Jewish and he's got
10:40
a refrigerator in every. So if the landlord is Jewish, he
10:43
owns the whole building and he rents out every apartment and he
10:47
but he has use the refrigerator or furniture and each it's a
10:51
furnished apartment or a partially furnished apartment.
10:54
So then it's called fuses yacht and you do not need to make an
10:59
arrow. That's the Rama.
11:03
According to the Rama, if there's non Jews there, sorry.
11:06
If there's yeah non Jews there, then you would have to rent out
11:09
from the non Jews. That's correct.
11:12
So you can ask your your Rob what's what to do?
11:18
Okay. Interesting question.
11:23
What do you do first? Do you do Aero Cotteros first or
11:26
do you run from the globe first? So it's a bit of a my focus, but
11:29
the mission of Burr is pretty clear.
11:31
It even makes you sound like the culialma.
11:33
What should you do first? First rent from the non Jew and
11:38
then make your Aero Cotteros. One of the reasons is because if
11:42
you make the Aero Cotteros first you're supposed to say a brach
11:45
on Aero Cotteros you don't know if the Jew if the non Jew is
11:48
going to agree so therefore so you don't make a
11:52
Brachalovattala. That's one of his reasons.
11:53
But anyways, that's. But Bediya Bedi agrees that if
11:56
you make the air of first with the Jews, you can still rent it
12:00
afterwards and it's still fine Okay bet in B2 I used to alien
12:06
Rashutam Ekhad Mayhem kadeshi Ekhashev Ki yekhidi etso en ye
12:11
hoodi E no moyle. I don't know four Jews and a
12:17
goi. So the four Jews need to make a
12:20
need to make an air of Caceres and then they should rent from
12:25
the Goi, right? That's the normal case.
12:27
But here they're having trouble. The boy doesn't want to rent it
12:30
out or they don't want to go to him.
12:32
So they want to just be mavata all the riches to one Jew and
12:36
make it as if there's only one Jew who lives there and they're
12:38
all his guests. And then we learned that there's
12:41
only one Jill then and one goy. You don't have to make, there's
12:46
no air of hatzeros. So then you don't have to do
12:47
that. And then once there's no air of
12:49
hatzeros, you don't have to make rents from the non Jill Alaka
12:51
says in memorial that doesn't work because I might say you're
12:55
4 people and four homes and even though you got out of it, you
13:00
still there's still call the Q to that.
13:03
You have to do that Okay. Yeah guilmot.
13:12
I think that's it. Okay guilmot im ainley.
13:20
Ain't no yehudi Jesus Regal Ali's to alien.
13:23
Ain't no osir. Now let's say the non Jew
13:29
doesn't live in doesn't share that cut Sir, or that apartment
13:34
building and he doesn't have to walk through your apartment
13:37
building. He's not going to be osir See
13:39
the example and it'll be a little more clear.
13:41
Click on stay hutzeros. You have two apartments, 2
13:45
hutzeros next to each other. Up to hutzeros though, and
13:47
they're open, so you could combine or not combine.
13:50
They didn't combine. The aim do says the regulars
13:53
there, and neither one of them has to walk through the other
13:56
huts there. In other words, you have two
13:57
hutzeros next to each other and there's an opening to the houses
14:01
on one end and on the other end it's open to the street.
14:03
They can just leave to the street on their own without
14:07
bothering going into their neighbor's yard.
14:08
That's usually how we build things.
14:11
So therefore that's called and therefore it's not going to make
14:14
a problem. There's just they're just
14:16
separate cuts, arrows, neighbors.
14:17
No problem with the cuts. There are any hoody and in one
14:20
cuts there you have the non juvel cuts era hair, darn
14:23
Shanese ceiling. When you're tearing in the other
14:24
cuts there you have a bunch of juice.
14:26
No problem. Makhni seen ma so then you're
14:35
allowed to each one's its own separate entity.
14:38
It's two cuts arrows next to each other.
14:39
They don't have to make they don't have to.
14:41
The Jews made their own arrows and they're one cuts there and
14:43
then the non Jew he's not oster on them but he lives in a
14:46
different cuts there and you can even carry from Hutzer to Hutzer
14:52
because I don't think so that's a good question.
14:57
I don't. Not sure.
15:00
I don't think you can carry from the Jews house to his Hut, Sir.
15:04
But I can't say for sure. But you think you can.
15:06
All right. So the guys in the group think
15:07
you can. So I don't know if you can show
15:10
me later, but certainly from Hut, Sir.
15:12
To Hut, Sir. Because we say they're all one.
15:13
Hut Sir. Oh, yeah.
15:19
OK. So the mission of Burst says the
15:20
Ferris. No, without an error.
15:24
Correct. But he's not part of them.
15:28
The mission of Burst says you can go.
15:32
Uh, huh. Uh, huh.
15:37
Okay. Fine.
15:38
You're right. So the mission number says you
15:40
can take even from your house very good and into him because
15:45
he was never asked for you and you don't have and there's no
15:47
dinner there of Hasseros. That's a little bit of a
15:49
different. You have to make that feel very
15:51
good. Okay.
15:54
Thank you, Okay. Let's go on.
15:56
Dollar hassokher mean Eno yehudi stum Moya okay.
16:04
If you just rent from agoi and you still just want to rent, you
16:07
know your land or you know the shared area or whatever it is
16:11
and that's it. You don't have to explain.
16:12
You don't have to make any veins are echo Farish Los shihula
16:15
hatier Tilto. You don't have to tell him it's
16:26
because of Hilco Chavez. Veins are Echliko Shi and you
16:30
don't. It's not a proper hero that
16:32
you're not selling anything and it's not OK.
16:36
Money does have to transfer or something.
16:40
Instead of money it could be food.
16:42
It could be anything. Could be we're going about to
16:44
see hey so creamy and hoodie a few little bit pacos me shava
16:49
pruta could be even less than a shava pruta.
16:52
This has to be something mom or something U mutar and especially
16:56
since we stayed by especially by non Jews they hold that a less
17:00
than a shavarputa is like 100% considered a Kenyan real money
17:06
utar for Jews I guess it's not enough to be considered real
17:09
money Utar. We scored me manual and for you
17:13
lot of rent from him the Chavez. Even on Chavez you lot to do
17:16
this right? Just like you had to do Bittle
17:18
before during Chavez you had to rent also you just not with
17:21
anything muksa but you can, but anything that you can you can
17:25
move or eat. That's okay okay.
17:33
Now also when you rent out the land from the non Jew, just as a
17:36
side point the tomorrow points out, when you rent out the land
17:39
from the non Jew you're not like taking over his portion of the
17:42
land. You can't now start just filling
17:45
up the whole yard with it, says chairs or whatever you want to
17:48
fill it up with. And now he can't even use it
17:49
anymore because you just, like, totally took it over.
17:52
You're not doing a real, real hero.
17:54
You're just. It's more symbolic than anything
17:56
else. Okay, Val, I think.
18:03
Okay Valve. Okay, right?
18:08
Whatever it's worth, right? Let me say Charlotte less than
18:10
Charlotte Putin is not going to work for a Jew whenever it's
18:13
relevant. Val Cole Zamanch ein ein Yehudi
18:18
Jose Bow. More E less heroes.
18:21
If you just make a deal with the naju and you say I'm renting out
18:23
your land and you don't specify a time time limit, then it works
18:28
forever. It doesn't end.
18:30
I feel he's on Meruba for a long time unless of course he wants
18:35
to go back. So then the Rama says if he
18:38
wants to end it because since he didn't make a specific time he
18:42
could also end it whenever he wants.
18:43
But there's a tonight, the Inuyako, Laksor, Miss Kirato
18:48
Achi Azir Haddamim and But you can't go back the non.
18:52
You can't give it go back and say I'm undoing this here and
18:55
now makes it us for you to carry until he returns the money.
18:59
That's if he just did its thumb. If there was a specific time to
19:04
when it ends, so then it ends when that time is up.
19:10
Okay right. And just to point out there's a
19:15
Mahlo could orkonium. Some say the non Jew could end
19:17
it whenever he since nothing was specified the non Jew could
19:21
actually end it. It's against this from the
19:23
basiosis theroma at the end that the the some say that he could
19:28
the non Jew can take back and say you know what you used it
19:31
for last office but that's it, you know the rental's over and
19:34
he doesn't have to return anything.
19:36
So it's best to what's it called.
19:42
Yeah, to be Mahlo Okay. But Mark Lock is tough design.
19:47
Im Sakhrum. Any hoodie Lismania do it now.
19:49
What if you specify it's for a specific time?
19:52
I don't know, for one month, for one year, whatever you specify.
19:56
Lacashi Yekla Hasman Sari Lakhazor Velis Korshinit.
20:00
So the time is up, time is up. Of course you have to make a new
20:12
SCR. It doesn't.
20:14
It doesn't restart Once it's over, It's over, right?
20:23
OK, OK, let's go on. There's an interesting case,
20:31
perhaps if a person passes away, so then if it's the mice of the
20:38
machine, Burr says. But he also points out you
20:42
can't. If you specify a time and you
20:45
pay for it, then the non you can't go back.
20:48
That's what they specify the time, so it works.
20:51
So it's OK. So sometimes it's there's an
20:53
advantage to specify a time. You can say something like 100
20:57
years, you could say 100 years and then for 100 years they
20:59
can't go back, They're done. Yeah.
21:03
So there's a big advantage to specify a time.
21:07
And if you don't specify a time, he says, and a person passes
21:11
away and the Urh takes over, then you have to do it again.
21:14
But if you didn't specify a time, then it works forever.
21:18
And okay, I think that's where we are.
21:22
Imsakru Meini Hoodie, Lizmania dua.
21:24
You specify a time. When you rent it out.
21:28
Ubatok has man, he's scared. Any hoodie?
21:30
Lidy Atollah Akher die Misfirutt and you rent it out and now he
21:38
wants to rent out the the hat somebody else.
21:41
You don't have to rent it again from the new guy.
21:43
He rented it. He rented to you first.
21:46
That that's that's the den. It works and that's it.
21:49
You can't take that away anymore.
21:52
That's that's if you set aside a time and some other mission
21:57
Aburst is also if you sell it the same thing, you still have
22:00
those rights. Even if he sells it.
22:02
There's some are machmer and say once you sell it, it's over.
22:06
Okay Ted Hamisha Darin bahatsa. 5 people live in Akhatsa Ekhat
22:12
Sokhar Maini Hudi Bisvel Kulam. So you don't need.
22:17
Let's say there's five Jews and one non Jew.
22:20
You don't need all five Jews to go to the non Jew and rent it
22:24
out. You could just have any one of
22:26
them go to him and rent it out. And you don't even have and
22:30
you're doing it for everybody and you don't even have to do it
22:33
through a shaliah like you don't have to.
22:35
Like when you're in Mazaka, the the masses or the arrow for
22:38
everybody else, you're becoming like a shaliah and you have to
22:40
have someone else pick it up for this.
22:43
You don't have to. You just need one Jew to do it
22:45
on behalf of everybody. But it doesn't have to be like a
22:50
shaliah for everybody else. You don't.
22:52
I don't even think you have to have anybody else in mind.
22:54
It just works for everybody automatically.
22:57
That is, for all the Jews that live in there.
22:59
No, I don't think. No, you don't have to explain it
23:01
for everybody else. As far as I understand.
23:04
You just do it for yourself and that works for everybody.
23:09
Okay good Iams sock from Emmanuel Balcorko.
23:17
Now if you rent it out against his will, ain't no more you
23:22
can't go. And I don't want to hear about.
23:24
I'm not interested. You can't just throw him a
23:26
dollar or the $100 and say that I'm renting it from you.
23:30
I don't care what you say. And you throw it on the table in
23:33
his hand, his jacket. It doesn't work.
23:35
Ain't no more. It doesn't work.
23:36
Alpha pisha here, Reggiela Harskier, me code.
23:39
And even if you always used to rent from him, I don't know for
23:42
business purposes or you used to do it in a room with him in the
23:44
past, he changed his mind. You're not allowed to do it
23:47
against his will, however you get.
23:51
Olive about me. Ish though.
23:53
Oh, Mishiro Laquito. Sokrim Alpha Pishi Humo.
23:57
Ha. You can go to any one of his
23:59
employees, right? So if you're looking for, yeah,
24:05
I'm just going to mention. So if you're looking for for a
24:06
public place, you see it doesn't you're not looking for one
24:09
specific, you know, or the government or you're not looking
24:13
for one specific person. There's no magic owner that you
24:16
need to find. You can go to his wife or
24:19
anybody that he hires who works in his, you know, in his
24:23
property, anybody who works in his property or his wife.
24:27
You can go to them and get them to agree and you can have 1000
24:31
employees. You can go to any one of the
24:32
employees and get him to agree and then it works even if the
24:37
the owner is screaming don't do it.
24:41
The Sahiro Sahiro Laquito Shabala bite and even employee
24:46
of an employee who keeps here Bal habait atsmo.
24:49
And it works because they have a right to be there.
24:53
They have a right to be there and to use it.
24:55
Good bet in Eno rotsi la hatsi la re shoot la re shoot la NIA
25:01
habo shumdavar. So another another way out.
25:05
The nanji doesn't want to, right.
25:06
We mentioned why he might not want to.
25:08
So then you get one of the guys to be a little fuzzy, talk to
25:12
him and say you know, can I use part of your property to leave
25:14
my stuff in there and to and to put something there and he lets
25:18
him. So then this Jew becomes a like
25:22
Kishiro Ulaquito, he's just rent, he's just borrowing a
25:26
little place of his land to use and that's good enough.
25:29
You just need a Jew to be able to use the non Jews property and
25:34
then it works Umaskir Shalomida to Ena Uludi and then he rents
25:41
it out to the other Jews Okay the question if he also has to
25:47
participate in the era or not. But but you just you can just
25:51
get another Jew to somebody to to use his property and then
25:55
he's good enough. VH omrim she ain't no sorry
25:58
Klahaskar and some say it you don't even have to pay this Jew
26:03
who got the rights to borrow because you do have to pay the
26:06
ishto or squiro laquito One of those an employee.
26:10
You do have to, you have to rent it out and pay them.
26:13
But this person who's borrowing, who's actually using it?
26:16
Some say you don't even have to pay to him.
26:18
I will noting Aruo Vidaiyo, but he just gives money or bread
26:25
towards the Aru Hatzeros and that's good enough.
26:27
And some say if he doesn't even live there, he doesn't even have
26:30
to give anything to everyone else who lives there does the
26:32
Aru de Hatzeros and he just gives them rashes without any
26:36
money or without renting. And okay.
26:39
So that's not like a tree with Halaka, but that is that is a
26:42
possible possible option. Gimmo, maybe we stop.
26:47
Let me just read it. Gimmo Yamika lamako mabait
26:51
shamash ILO Kevan sheeno kishuko bechul habait lo mahani.
26:55
So if it gives, if he tells them that the Nonju tells them that
27:00
you're you only get this specific area and that's the
27:05
only place you can keep it there.
27:07
So then he's not really underneath like a shlea for the
27:12
whole house and he's and then not the owner.
27:15
The Naju tells him you have to stick to this one little corner
27:18
and that's the only place you can keep it.
27:19
Then it's not good enough. All right.
27:22
Is there a difference between body and hutter or not that I'm
27:32
not that I'm aware of?