Latest / SHULCHAN ARUCH YOMI: Own the Halacha in 25 minutes a day! / Yoreh De’ah 232:4-6. Vows: Exaggerated, Nonsense, Mistaken; Are Bets Binding?

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Yoreh De’ah 232:4-6. Vows: Exaggerated, Nonsense, Mistaken; Are Bets Binding? · SHULCHAN ARUCH YOMI: Own the Halacha in 25 minutes a day!

• 0:00
  Good morning. We are on raiche rahmed bed to
• 0:02
  hosta Nadarim Say eve Dalit Nidre Hawaii.
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  What about nidre Hawaii? What are nidre Hawaii?
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  Basically, it's an exaggerated another.
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  You made a nether with a big exaggeration that you did not
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  intend to. We're going to see.
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  OK, let's go on. Let's see you inside.
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  For example, Kaitzad kagunsha Amar konam Ki karza alai imlot
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  raiti Kyotse meets trine person makes the nether and he's trying
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  to tell you there were so many people there.
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  Wow, what a funeral, what a concert, like whatever you want
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  to make up what there was crazy amount of people and and say and
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  yeah, you don't believe me, I'm going to make a nether.
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  Let's say this piece of bread that can't eat it if there
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  weren't the same amount of people as Yodse meets Trine, the
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  Jews that left Egypt. So we know there was let's say
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  600,000 men, maybe 3 million people, who knows Whatever the
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  number was, there was a a huge amount of people and he we all
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  know there was No 3 million people there.
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  Maybe I don't know if if it's 10,000 people, 20,000 people,
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  100,000, whatever, whatever's a lot of people for what we're
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  talking about, but he didn't intend to mean 3 million people,
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  but that's literally what he said.
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  So then we're going to see it's not called, it's called Nidre
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  Hawaii. It's not a dender at all because
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  Libo Piv have to be Chauvin again, his whatever he intends
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  is what matters. If we all know that this is a
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  crazy exaggeration and he didn't mean it as a nether literally,
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  then we all know that and therefore it is not it's not
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  tall even when he doesn't specify all right, we're going
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  to see there's a Helix. Sometimes you have to specify
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  and sometimes not. It depends how obvious it is to
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  everybody and not obvious. All right, huga.
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  Oh, another example, EM Laura ET nahash ke kharad betabad or the
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  snake that I saw. Wow, that was so thick that it
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  was like a so one shot means it's referring to the width of
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  an olive press, right? It's got the big thick beams of
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  wood. You leave it to press down on
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  the olives. So he just means that the snake
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  was so thick. It was as thick of an as thick
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  as an olive press. Now it doesn't have to be that
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  thick. It just has to be, you know,
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  quite thick. And he wasn't Makayam literally
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  the words of the thickness of an olive press.
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  But that's fine because we all know it was an exaggeration.
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  Another shot in the gamar over there and then we've shown him
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  is it's just referring to something that's spotted because
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  the olive press is is a big piece of wood that has lots of
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  what's the right word, notches or like cracks, big cracks in
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  them. So you have like it looks when
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  you look from a little bit of a distance, you see big giants,
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  long spots because it's not one smooth piece of olive wood,
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  right? They're not using the highest
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  quality finished pressed wood. So therefore it looks.
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  So in other words, you're talking about something that's
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  very, very big, has big spots. OK, whatever the case is, he
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  doesn't make him his exaggeration because he never
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  meant to. It wasn't exaggeration, but it's
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  not Khal Oh homa Gavo a la Shumaine or wow, that tall is so
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  tall. That's that wall is so tall it
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  reaches the heavens or the sun or whatever the expression is.
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  It's that tall. So then obviously that's not it
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  doesn't literally mean that. And it just means as long as
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  it's tall, then he doesn't. He's not ushering the bread on
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  to himself. Doesn't have to look at Eno
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  Neder. She came there of Holaam
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  lahafleg lakivi shem Neder again.
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  It's definitely not a nether. It's not binding.
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  That's the way people exaggerate and it's normal.
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  And he does. He had no intention to make such
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  a nether. OK, let's go on to Hey Omar
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  person brackets. I skipped something.
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  Oh yeah, I skipped Hugga. Sorry.
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  The Imami Dvara of Amar Shakive Mache.
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  Nether have a nether. OK, so it's an important caveat.
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  If the guy tells you I'm being I'm, he tells you I'm being
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  literal. I'm not making an exaggeration.
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  I'm being literal and I'm accepting upon myself a nether.
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  If it's not the exact same number of you would say meets
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  trying, it's not exactly as thick as a typical olive press,
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  or it doesn't really read the Shamim, I don't know.
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  Maybe the clouds is high enough. Whatever it is nowadays we do
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  have skyscrapers that reach the clouds.
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  So then that would be if he tells you that I'm being
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  literal. And of course if he then that
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  that is a real neither 100%. OK.
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  I believe the macabre would agree.
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  The group mentions it's from the Ushalmi.
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  The rush brings it. I don't I'm not aware of a
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  Macaucus. He does bring a little bit of a
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  question I guess if it's Shavuas of Hawaii or Zeruzin, I'm not
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  sure. Hey Amar konam ko pero chabaolam
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  alai person says the words all. I'm going to use the translation
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  fruits, but that's not necessarily the correct
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  translation. In fact, I think it's definitely
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  a wrong translation. We normally produce produce.
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  I don't think there's going to be a correct translation, but go
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  for it. Because in English, when you use
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  produce and fruits, you have it means something, but it doesn't
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  mean the same thing. And that's necessarily means in
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  Hebrew, or at least in ancient Hebrew.
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  So let's read inside and you'll see why it's not necessarily so
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  quick. Amara, A person makes a nether.
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  He says if whatever something doesn't happen, I'm going to
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  make or he just says it. I'm making another on coal Pirot
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  shabbaolam alai, and that's it. All the all the produce.
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  We'll use that word for now, all the pirot, all the produce.
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  So it's not called at all again here.
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  We're talking more here. Let me read it and I'll say cave
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  on Shiev Shalu likio below coal have pirot have a lay neder
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  shaf. Since you cannot live by without
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  being able to eat coal Pirot all produce in the world, then it's
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  not possible to live like that. I'm not sure what there is left
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  and so therefore it's a not call.
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  I'll explain in a moment. This is called a Nader Shav na
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  Shav is it's a vain chander has vain Nader.
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  It's it's means nothing. It's maybe a meaningless as a
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  good translation. It's AI believe a subcategory of
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  Hawaii. I mean, it all depends how you
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  want to categorize. You can make it a separate
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  category, but let's assume it's a subcategory of Hawaii.
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  OK, right. OK, so why is now what are we
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  referring to when a person says Colpay wrote now if now this you
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  see basically from the wrong it's brought down in the the
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  Shah bear hete of Taz. OK, that when you use the words
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  coal payroll, it's not tall because that includes
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  everything. It includes fish, it includes
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  animals, so that's meat. It would include eggs.
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  It includes anything that grows fruit of the room.
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  OK, a womb. There you go.
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  It includes cotton, it includes wool.
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  It includes plants, trees, anything.
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  So there's basically nothing left.
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  So therefore, if you say such an expression, it's an exaggerated
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  expression, so it becomes meaningless.
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  Anything that grows from the ground or on the ground.
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  OK, so that's included in Co payroll.
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  However, if you only say the word payroll but not Co payroll,
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  so then that Perot includes fruits and vegetables.
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  It does not include meat. It doesn't include grain, maybe
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  cotton, probably it grows from the ground, but it's whatever.
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  It certainly does not include not sure if it includes wood
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  maybe, but it certainly doesn't include animals.
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  So you have a lot, there's there's fish, there's animals,
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  there's chicken, there's milk, there's eggs, there's still
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  quite a bit to eat. OK, so that would be a nether.
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  OK, now let's let's distinction is there, let's keep going.
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  Vehen imam koonam ko pirochebaolam alai IMO aciti da
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  verploni Eno neder, right? So that's what I was kind of
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  saying before. If you make it on a tenai for
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  something to happen and then it's Khal again, it's still not
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  Khal because you can't live like that.
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  That's ain't no nether. It's impossible to eat nothing
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  and so and live haga aval IMA marboloshan atil so So what we
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  said was Loa City was on the past tense.
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  In other words, if I didn't do this but but he did it right.
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  You got to believe me. So then it's not an there was it
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  can't be called OK even if you violated it or whatever it
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  doesn't Mukai in it. However, if you're talking about
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  the future, you're saying if I'm going to do this, whatever he's
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  trying to motivate himself or someone else or whatever it is,
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  or he says if I'm going to do something, then the nether is
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  going to be Khal. So again, I believe we hold it.
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  The halacha is it's not Khal. But let's keep reading about
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  imamar, right? Right.
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  He says he's not going to breathe.
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  So then that's also OK Very good.
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  I don't think there's a mahogan on that one.
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  But on here you say if I'm not, if I'm going to end up doing
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  something. So then Dover ploonies.
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  You call pyrote ally and then he says all the fruits in the
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  world, which is all food basically yesh omrim the aser.
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  Some say it's aser because you have in your control not to do
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  that thing just don't do it. So therefore it can be called
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  that is the first opinion Veheim IM asar Allah of Co payrolled
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  hoots Mihitin yeshomim the have another so too, if a person says
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  except for wheat is is I'm not going to eat anything in the
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  world except for wheat. So that's so according to this
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  opinion, that's called a nadir because at least you can eat
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  wheat, but yeish culking and some argue that no, we learned
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  before at least you have to have meat able to eat or at least
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  other Dagan other other produce, other grains, but just weed
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  itself. It seems that that's not the
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  accepted holaqa and that seems clearly that the age Hogan is
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  going certainly on the last part of the Rama, perhaps the first
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  part, not 100% sure. And it seems clear from the
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  generally from the Shulkhanarak Shah, the araka Shulkhan.
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  They do not paskhan Hootsu Mahiti and they don't paskhan
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  with that one for sure. Not 100% sure about the first
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  one. The first to Roma.
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  If you leave only wheat, that's not enough.
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  If you if you say hootsmi basar, then that's OK.
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  That's hollow. Yeah, because it's enough.
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  You have chicken one day you have fish, one day you have
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  meat, one day it's enough. Probably.
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  Well, if you say not I Co payroll hootsmi basar.
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  So then you can't have any produce, but you could eat meat.
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  There's no definition of bread is also meat.
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  I don't think so, but I don't think vasar includes it.
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  Something meat might be called OK Vaughn Nidre Chicago's OK
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  Nidre Chicago's Kate said A person says nidre, these are
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  basically I'm mistaken. Another right, Kaitzod
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  almarconum Alaiki Karzai Imahalti Vishatiti person says
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  if I ate or drink today, whatever, whatever tonight,
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  whatever, whatever words he uses, whatever his vow is, and
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  then and then this piece of bread is going to be ushered to
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  me as a nether, right? He wants to, you know, make you
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  believe, believe him that he didn't eat or drink anything.
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  And he was serious. But then Venice karchal veshata,
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  and then he realized, Oh my gosh, I did eat and drink.
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  He really thought he didn't eat and drink and therefore he made
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  the nether. He totally forgot that he
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  actually ate and drink. He can't believe it happens once
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  in a while. You're the best of us.
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  So we just totally blank on what we did.
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  Oh, Ochel the ESHTA. OK, so we're going to see if you
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  thought that you didn't eat and therefore you made this Ned
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  there and then you found out you did.
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  It's not called the Ned there. It's 100.
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  There's no Ned there whatsoever because it's a Ned there of
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  shigaga. You totally made it on false
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  understanding or Now this is interesting.
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  O Ochel the Eshta he makes, he says if I'm going to this is for
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  the future, if I'm going to eat and drink and he was serious at
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  the time. If let's say I don't know, in
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  1/2 an hour, in an hour, in an hour, you know, if I eat and
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  drink. So I'm going to make this piece
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  of bread usser to me. And he really had in mind keep
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  his word, he's not going to not eat and drink because he had no
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  intention of making a nether on this piece of bread.
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  And then Vishakha. And then sure enough, an hour
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  from now, a friend tells him here, want to taste this.
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  And he says, sure, you know, he's a question.
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  You remember to say the bracha, but he just totally forgot about
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  his. Oh my gosh, there is nether
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  whatever it is, K1 chuhu shogi bishat potsatata neder MI peev.
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  Oh, Bisha ashiyesh Lala who? So it's not going to be a nether
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  if you have a, if you're a show gate at either time or when you
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  say the words or when the nether is called.
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  As we said, it could be for the future.
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  In an hour from now, I'm not going to eat, trust me.
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  But if I do eat, I'm taking a nether and and then so the
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  nether is not called until the hour comes.
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  And then he mistakenly eats. But when he eats, he forgot
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  about his Chevy. He didn't want to violate his
• 16:06
  Chevy or his neder or make something call and make a neder
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  on him. So either time period now or in
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  the future, you're a show gig. But it has to be when it's when
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  you say the words. That could be a loophole that
• 16:20
  could save you or you could be a show gig when it's hot.
• 16:24
  Either one. But Emiya Yodiya Shukain Loya
• 16:28
  noder and if you would have known at the time when he was
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  speaking, when he was saying the net there or at the time when it
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  became Khal and he did the action that made it happen, if
• 16:40
  he would have known Loya no there.
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  So then you know no there. It's not another because there
• 16:45
  was a complete mistake. He has no intention of making a
• 16:47
  net there at all. And it's, and it's obvious to
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  all of us, the hima mark konam ishti netli shaganvakisio shikta
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  beni. Now, I'm not giving any marriage
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  advice. Perhaps this is not the best
• 17:02
  thing to do in general. But he says, aha, because my
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  what I'm making a neder on my wife that she cannot get any
• 17:12
  benefit from me. She can't get anything from me.
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  And right. And it's maybe a violation of
• 17:20
  the marriage, The the the suba, whatever should even even a
• 17:24
  mitzvah. And Natara, he's saying she
• 17:26
  can't get any benefit from me because Shaganva Kisi, she stole
• 17:31
  from my pocket. She took my money.
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  She went above her allowance or shahikda Bini or she hit my son
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  Venemsa. And then it turns out again,
• 17:41
  we're not giving marriage advice over here.
• 17:42
  This is probably a bad idea on maybe more than one level.
• 17:46
  But anyways, it turns out what's the facts?
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  Shaloh ganwala shalohikda. It's the whole thing was a
• 17:53
  mistake. She never stole or took money
• 17:56
  that she wasn't supposed to right?
• 17:59
  Or she didn't hit her son. And so therefore the whole, his
• 18:05
  whole neder was on it was built on a mistake, a total
• 18:09
  misunderstanding, Amar Konam Shanino said.
• 18:13
  Plonichi Ora Neder or a separate case, another case.
• 18:19
  He a man says I'm making a nether basically that I'm not
• 18:23
  going to marry this this this young lady because she's ugly.
• 18:30
  And it turns out he he saw the wrong picture, let's say, or he
• 18:34
  saw her, I don't know, from a bad angle.
• 18:37
  And she was beautiful at the time when he said the words.
• 18:40
  So nothing changed. He thought at the time she was
• 18:43
  ugly, but she was really pretty and if she he would have known,
• 18:52
  he would have known that she was pretty at the time.
• 18:54
  Well, you know that for sure you wouldn't have made such a
• 18:56
  nether. So then again, it's not going to
• 18:58
  be called it's a nether of a Chicago of all.
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  But I maita que Ora via fuve via fua call haneda if at the time
• 19:08
  when he said it, she really was very unattractive and then
• 19:13
  right. How do you decide?
• 19:14
  OK, we're not getting into that. But then at the end the you
• 19:19
  know, she decided, you know, she found out about this and she
• 19:22
  decided to improve her looks. Maybe she I don't know whether
• 19:25
  it's make up surgery. I don't know what she does.
• 19:28
  She did something probably make up is enough, but whatever it
• 19:31
  is, she does something. So now she's beautiful in his
• 19:35
  eyes or others eyes. OK, that's a whole other
• 19:37
  question. So then it is called another
• 19:42
  because what he said he meant and it was true and there is no
• 19:46
  show gig at the time she changed afterwards.
• 19:49
  So that is still called. OK, let's see how old Mer E my
• 19:57
  aplon ETSO Zaha davar person says I I want you know, trying
• 20:02
  to tell you, I know that this person wasn't here at this, you
• 20:05
  know, at this at the time, at this such and such a place at
• 20:07
  time. I know he was somewhere else.
• 20:10
  Ah, you don't believe me? Trust me, it's an El Zuzizdaka.
• 20:15
  I'm gonna give 1000 whatever shekel dollars to Siddaka.
• 20:20
  If he was actually at the place the Hayasham and it turns out he
• 20:26
  goofed. He he was there.
• 20:28
  He, he got the facts wrong. It was his his twin.
• 20:32
  He just slipped his mind. Whatever it is, he was there.
• 20:35
  Lo and behold hatour, he's still putter Tahavi Neder bishogi
• 20:41
  'cause it was a it was a neder bishogi, right?
• 20:44
  He forgot about it and he was being honest or whatever, but
• 20:48
  his whole neder was based on his mistaken assumption or
• 20:53
  perception or memory, whatever it is.
• 20:56
  So then it's called a neder bishogi and it's completely not
• 21:00
  khal. He doesn't have to give 1000
• 21:02
  shekhal, even if it's Fritzidaka.
• 21:04
  The Taz has an interesting case, very interesting.
• 21:07
  It goes two people are arguing about something.
• 21:16
  So whatever it is arguing about the matsias, one says yes, one
• 21:19
  says no, OK. And whatever it is.
• 21:21
  And now they decide, oh, yeah, I tell you what, they're going to
• 21:24
  make a handshake. It's Kyat Kaf as a tsug Sol
• 21:28
  shuwa. And they say to each other, OK,
• 21:31
  if I'm right, you're going to pay me $1000.
• 21:34
  And if I'm wrong, then I'm going to give you $1000, whatever.
• 21:37
  So they're, they're going to be real, a real bet over here.
• 21:40
  And they shake on it and they're serious.
• 21:42
  So then the, the, the Taj says and it turns out, oh, obviously
• 21:48
  one person's right, one person's wrong.
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  And they find out who it is. They're putter because none of
• 21:54
  neither one of them had in mind to actually pay the money.
• 21:58
  Each one was so convinced he was right.
• 22:01
  There's no way that he's going to have to pay the money.
• 22:04
  So then he doesn't have to pay because right.
• 22:08
  And we know that the guy was serious, that he knew he was
• 22:11
  right. Now, if he knew that he really
• 22:14
  is, if he really meant to pay, even if he's if he's wrong, then
• 22:23
  he probably has to pay, but he has to specify that to you some.
• 22:27
  We assume he was so sure of himself and it's a nether Bishau
• 22:31
  gig and therefore it's not a real nether.
• 22:33
  It's just just that was interesting.
• 22:37
  And he gets that from another interesting case from the Gomara
• 22:41
  Chervus where there's two tall medium of Rob and they're
• 22:45
  arguing about Rob said one of they're both in the same sheer
• 22:48
  at the same time and they can vote and that happens to have
• 22:51
  some all the time, a lot. What did the rabbi say?
• 22:55
  I was there. I was there and you're arguing
• 22:58
  about what the rabbi said. So they both come to Rav and
• 23:01
  like they're basically, they both said they're going to be
• 23:04
  high of a korban if they have to pay.
• 23:06
  I mean, if whoever is wrong is going to have to bring a korban.
• 23:10
  And so they go to Rav and say, OK, Rav, let's hear who's high
• 23:14
  of the korban. So Rav tells you neither one of
• 23:16
  you are going to be high of the korban because he says they were
• 23:21
  libka Anaska, your heart made you onus interesting.
• 23:26
  And the next category we're going to get to is Nidre Onsen.
• 23:31
  It's a little bit of a different we're still in other words, onus
• 23:34
  can mean onus. It was coerced against your
• 23:37
  will. Onus can also mean your heart,
• 23:40
  you know, swayed you a little bit and you began.
• 23:42
  Therefore when you made it, it was bishogging.
• 23:45
  This interesting how language works can have more than one
• 23:48
  meaning. Anyways, so here he says,
• 23:50
  because you, neither one of you, you're both so sure of yourself,
• 23:55
  neither one of you had in mind to bring the carbon.
• 23:58
  Even if you are wrong, because there's no way you're wrong,
• 24:00
  then you don't have to bring the carbon.
• 24:02
  That's not a real method. It's not binding and it's never
• 24:05
  called. Look at that from the puzzle
• 24:08
  Adam regarding Shivua uses the word Adam.
• 24:12
  But le anous, that's the that's the Russia.
• 24:15
  You have to be a free man with your free mind and no one's, you
• 24:19
  know, coercing you. OK, not an evident, but an Adam.
• 24:24
  Fine. I mean, you're showing with what
• 24:27
  you're thinking. OK, tell you badass if a
• 24:30
  person's mistaken. Badass is also a form of anus.
• 24:34
  But for our purposes in the Dalid nidre of the Mishnah, it's
• 24:39
  under Chicago. Interesting.
• 24:41
  OK, let's go on to the next case.
• 24:44
  What's our timing? Oh, let's stop.
• 24:46
  We'll continue tomorrow.