Latest / SHULCHAN ARUCH YOMI: Own the Halacha in 25 minutes a day! / Yoreh De’ah 232:12. Vows: Unintended Vows Because of Circumstances Beyond One’s Control

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Yoreh De’ah 232:12. Vows: Unintended Vows Because of Circumstances Beyond One’s Control · SHULCHAN ARUCH YOMI: Own the Halacha in 25 minutes a day!

• 0:00
  Okay, resh lamer bet hos nadarim your bet.
• 0:04
  OK, so here we have the 4th of the arba nadarim nidre onsen.
• 0:10
  So now these are Nadarim where you have circumstances beyond
• 0:16
  your control. Let's see what does that mean
• 0:18
  that that's right. These are cases where it's not
• 0:20
  called to begin with and you do not need to do Ataris Nadarin
• 0:23
  Kate said Pediro caviro shiokhal etzlow.
• 0:26
  So you you basically you make a neder or a Shua, whatever it is
• 0:30
  in order to get your friend to eat over your house.
• 0:33
  And if he doesn't come eat, then your neder, whatever you decide
• 0:37
  to make or Shua, whatever you say is going to be called.
• 0:40
  And we're we're talking about a case where it's again, it's not
• 0:43
  a neder zeros. So you make a serious neder for
• 0:46
  your to come over. But vihala.
• 0:49
  Oh, Shakala Bono, right. You invite them over for
• 0:51
  Shabbos, whatever during the week, and and they don't come
• 0:55
  because they're not going to come without their son or your
• 0:58
  friend himself is sick. Yeah, yeah, yeah.
• 1:00
  Your friend ends up getting sick or your son gets sick.
• 1:03
  So you invite them over, but they get sick so they can't come
• 1:06
  anymore. Oh, Shiko Nahar or there's some
• 1:09
  kind of a flood or you know, the river that they normally
• 1:13
  crossover with the bridge is extra high and that bridge is
• 1:16
  not safe. They can't cross an act of God,
• 1:19
  but love Dafka an act of God. It could be any kind of an onus.
• 1:23
  Another friend holds them back or whatever.
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  It takes them and they can't get to you, right?
• 1:27
  Sometimes you go somewhere and your friend says come with me.
• 1:30
  It'll just take an hour and then it takes 3 hours to get back.
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  It started out as a serious nether.
• 1:35
  Exactly. It's not a Zeros nether, but
• 1:38
  something happens beyond your control, something unexpected.
• 1:43
  If it's a normal something that normally happens, then when you
• 1:47
  made that you assume that there's a chance it's gonna
• 1:50
  happen. So it would still be hull and
• 1:53
  you would need to do a Tarrus and Dime.
• 1:55
  If you don't want this neither or should want to be Hull, we're
• 1:58
  talking about a case where it's something beyond your control
• 2:01
  that you that's unforeseen, something you didn't expect.
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  You didn't expect him to get sick.
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  You know? Exactly.
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  I invited him 2 days ago. But I don't know where the limit
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  is because people do get sick at least once a year usually, or at
• 2:11
  least some people do, some people more.
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  You invite somebody a few days before Shabbos.
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  That's a real simple example. They don't usually get sick
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  within a few days, right? You don't expect that to happen.
• 2:21
  Of course it could happen. It's not something that's like,
• 2:24
  you know, one in a million, but it has but something that's
• 2:26
  unexpected and then so all of a sudden they can't come.
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  So you didn't make a net there to make yourself haya for
• 2:33
  something, you know, seriously unexpected.
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  So then it's not called at all. Harry elu nidre onsin.
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  These are nidre onsin beyond your control and it's not
• 2:43
  called. This is even the shock points
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  out. Even if you didn't make any kind
• 2:47
  of a tonight, you don't have to stipulate that oh, but this is
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  not a Ned there. If something beyond my control
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  happens, you don't have to say the words.
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  If we all know that this is beyond your control, not
• 2:59
  expected, then it is not called. Told everybody.
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  This is no joke. This is not a motivational
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  speech over here or Ned there. This is a real Ned there until
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  you find that it becomes and tells him what happens.
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  OK, yeah, you might find out after the fact.
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  You know, a day later it wasn't called.
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  But he didn't know that it wasn't called in your situation.
• 3:24
  OK, another case in the Shah says, let's say you make a
• 3:28
  nether that you're going to pay somebody by a certain date and
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  that date comes. And if you if that date comes,
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  he says in the nether, I'm going to take upon myself this nether
• 3:38
  or Shiva if I don't pay on time. But then it comes the day and
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  the day passes and of course no payment.
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  We all know what that feels like.
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  We've all experienced that. And he made a nether on this
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  case. The shock says if the guy says
• 3:51
  had money to pay him back, so he was planning to pay him back.
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  It was a real nether he he meant it.
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  He was serious, but then something happened in business
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  and he lost all his money, right.
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  Or the spouse spent all the money, they went shopping, he
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  had money set aside and all of a sudden the money disappeared.
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  So then that's also a case or one is putter from the Shiva.
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  That's also a case of onus because at the time you were
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  serious and it was going to be called, but then when the time
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  comes for it to be called, it was an onus over here.
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  You have no way to pay. So one's putter from Meshua.
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  OK, let's read the Haggah, the irolo onus vahaya escherla salko
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  aide mamon Harvey sheitin mikre onus.
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  Now something happens. But there is a way to be
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  Makayanda tonight, but it's going to be very expensive, You
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  know, way, way beyond what you expected to pay.
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  Exactly how you determine that, I don't know, but it's a lot
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  more and it's expensive for you. It's a lot of money.
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  That's also called an onus. OK, so I don't know how to
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  quantify how much money. Maybe it depends on the
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  circumstances. Partially by a percentages,
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  partially by your financial standing behind Imceva Allah
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  Hassar Shaloya kayam shivato venidro.
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  If let's say the ruler in town says I heard about your Shivua,
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  your Ned there and I'm and I'm telling you you're not allowed
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  to be a makayamit, you better listen to what I say or else
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  Afilu lohaveh Kanas Rakumama, even if we're only talking about
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  a money Kanas Mikreonas, if certainly if you're afraid for
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  your life, you don't have to keep it.
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  That's an onus. But even if you're only worried
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  about him giving you a, a financial penalty, Kanas So then
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  it's still called a case of onus.
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  Mikko makko in the Niklaya Holim lista del lo mikre onus.
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  But if it's something that you can easily pay for, that's not
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  called an onus. That's something that
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  inconvenience came up or a little fee, that's not
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  acceptable. You made another, it is within
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  your reason. OK, it's a little bit
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  unexpected, but it's within your reason and it's not such a big
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  deal. We do not call that an onus.
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  It has to be where it's something substantial.
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  This just says look back and raise what we saw by Bindin
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  Kharim, she goes there. So there we just mentioned that
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  when there's a case of a kharim, so you didn't make the net there
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  itself. So generally speaking, if
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  someone tells you not to be Makai, if the ruler in town
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  tells you not to be Makayim and it's going to create a problem
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  with the theorem. So we said you don't have to
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  follow the theorem per SE. You can follow the ruler because
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  it's a case of onus. You don't know what he's going
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  to do to you or you do know and it's very severe uncomfortable.
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  But the theorem there we learned still stands because that was by
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  the Seabor and it's not up to you.
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  The theorem stands and you say you need to get the Hakamim of
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  the town to be a mature you from the the shock says if it's
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  something that we all see and we owned in adivarium that we see,
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  we assume and everyone else can make the same assumption if if
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  it's an onus or not. If it's not in a case where you
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  wouldn't have made if it's not a case of a nidre onus.
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  So then and you made a neder. So in general, we say again, if
• 7:15
  it is called, if it's not a case of an nidre onus, a whole neder
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  was was beyond your control, but you made a proper Neder and then
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  later on you're stuck with the neder.
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  Any normal, normal case that we've learned until now before
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  this Simon where the neder is Khal and now you want to be
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  matieret. So either you do a Taurus
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  Nadarian, but if you don't do a Taurus Nadarian, he points out
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  you really, if the nether is Khal, if it wasn't a nether of
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  onus or any of these categories, then you must give all your
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  money. You must whatever it costs in
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  order to be to fulfill the nether Shivua or to do a Taurus
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  Nadarian. Obviously, it'd be easier to be
• 7:57
  Mati, right? So how do we have a case where
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  it's in so which case is an onus that it's still call in which
• 8:06
  case it's not? I have to clarify.
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  That's a good question. Need to think of a good couple
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  examples to clarify the difference.
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  Me Now this part, the next part of the Rama we're going to read.
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  It's a few lines of the Rama. Now I believe it's not according
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  to the halacha, according to the the show Kanara and then no, say
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  Kaylin right, including the Shokanara from the GRA shock and
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  toss. But we'll let's just read it
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  inside Misha Nisha onadar la sotavar BEI Yom ploni.
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  So this we had previously in Raish Kafkhat and they're also
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  in the in the in the sief mem olive that we all have over
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  there. So there we had a case of it
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  makes a difference if you give a expiration date for your shibua
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  and it's if you say let Yom or bayon.
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  The question is if you say bayon.
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  So we learnt according to Shal Khanarak that once bayon comes
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  on that day and you don't pay on that day, then the shivuah is
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  over because that Shiva was only for that day.
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  But if it's Leon then that means that's your that's when you need
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  to pay by. But the shivuah is still
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  continues afterwards and you still have to pay afterwards to
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  not violate the shivuah. Regarding the deadline, even if
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  you go past the deadline, everyone says you're still
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  higher to pay. When there's a Hove, there's a
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  Hove. It doesn't the the
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  responsibility and the obligation to pay back your
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  money doesn't end on the expiration date.
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  The whole suit is talking about. Does the shivua, the extra love
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  of the shivua, does that end or not?
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  So here in the Rama he writes Misha nishbuana de la
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  subdevarbiyomploni. You make another right?
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  Or she wants to do something on a particular day Venetanas and
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  then you don't have and then something happens in onus.
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  Kagong Shanish Bala Shalim and you make a a shahruwa to pay.
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  OK, Shihagi Azman. I'll just say it right now
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  because it's today, but I want to think of a better way to
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  explain it. If a person makes a Shavua and
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  it's it's call and it's it's not an onus, but you feel you're
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  upset about your decision, you're upset about we have
• 10:27
  Karata on the nether. So then that's when we say you
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  have to do a Taras Nadarim or pay up and make sure you don't
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  violate the love. But in and what we're learning
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  now is the nether itself. It's it's the onus.
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  Clarify that better. But it's a difference of Karata
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  and the onus. OK, anyways, so here what we're
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  saying over here. OK, go and shaniche Bala Shalin.
• 10:55
  OK Shaggy, Azman and a la Shalin, let's say you have a
• 10:58
  onus when it comes time to pay, right?
• 11:00
  You say you're going to do something or pay something at
• 11:02
  such and such a date. Bayonne So then and that date
• 11:06
  passes Pater Mishawata. So the Rama holds over there and
• 11:10
  over here that once the date passes, then you're putter to
• 11:17
  pay in this pattern, right? But right, so on that day you're
• 11:38
  putter from your Shiva because you're onus.
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  But the next day, let's say all of a sudden you get your
• 11:43
  paycheck or you win the lottery, whatever the case is, and now
• 11:46
  you have the money. After that particular day, are
• 11:50
  you hired to pay? So you didn't you mamanus.
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  Again, you might be hired to pay depending on the case usually,
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  but you didn't Shiva. So the Rama holds afterwards.
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  If you get the money after that Bayonne Paloni then and you
• 12:07
  choose not to pay, then you're higher, you're still higher.
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  So that's the Rama basically said Das Yahid, it's the
• 12:14
  Shaktas, the Gran and Rama. They all, I mean, not they all
• 12:17
  argue on the Rama and they over there and over here they say it
• 12:21
  makes a difference. If you say Leyon, then the field
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  of the Shiva continues afterwards.
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  And if you say Bayonne, then that's when it ends.
• 12:27
  But that's the only day you have to pay, OK, the E miguia has
• 12:32
  manifroa and then the time comes to pay, let's say now if that
• 12:44
  day comes, right, this is the Mahloukis is if you said Byom,
• 12:49
  right, the wording of Arama is Byom, so that's why it's a
• 12:51
  Mahloukit. Would it said Liom, it wouldn't
• 12:53
  have been a Mahloukit. But anyways, so then if the
• 12:57
  ruler makes you give him extra time beyond the Bayonne
• 13:02
  expiration date, the due date, or it makes you forgive, forgive
• 13:07
  him completely. So then they're on Mahuls, the
• 13:10
  Shuwa continues Ulakuli Almat Sari Khlifroa.
• 13:14
  And he says, but regardless, you still have to pay, you have to
• 13:18
  pay him back. Kharkov you still have to pay
• 13:21
  him. That's that's we're not coming
• 13:23
  to absolve you from pain. OK, now the kahal SU Herim, Oh
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  Hamesh Shanim, the Qaboosman shiyat khel hakharim.
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  Now, if the sibor makes a herim for five years and they give a
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  you know, they establish a time when it should start and finish
• 13:42
  or whatever the Oto Azman are you anousing and when it was how
• 13:47
  they were anous Oh shogigim or they were shogig the Lloyd Hilu
• 13:53
  akaiyam Neder and they weren't able to be Akaiyam the neder.
• 13:57
  So then srikum lekaimo. So then they still have to
• 14:01
  akaimoharkka. They still have to do the
• 14:03
  makaiyam the neder afterwards Keanu Batal mishumze.
• 14:08
  It's not batal, even though they couldn't do it when the
• 14:11
  neighbors. So in this case, the Kahalmeda
• 14:13
  Khairam, I think it wasn't Khal yet because of the onus they
• 14:17
  weren't able to be Makayam Dakarim.
• 14:20
  So they're they're putter. But then when they are able to
• 14:23
  be Makayam Dakarim, So here he says you still have to be
• 14:28
  Makayam Dakarim. Yeah, if it's within the Karim,
• 14:32
  if it was a five year period and they're onus the whole five
• 14:35
  years, then they're putter. But if in the first three years
• 14:38
  they were put they're onus, then for the last two years they're
• 14:41
  high have to be Makayeman. And on this I don't think
• 14:43
  there's any Maklokas. They were never a mature.
• 14:46
  You don't you only say hitrum, Hitrum excessive Mr. Kulos.
• 14:50
  If they were a mature part of it, the harem, the Kahala never
• 14:54
  mature their harem, their harem was always there all five years.
• 14:57
  But but for your but for you, you were on us.
• 14:59
  So for you, you didn't get the harem on you, but their harem is
• 15:02
  still hanging up, you know, in the air.
• 15:04
  Even if the whole group is on us, it doesn't.
• 15:06
  Even if everyone's on us. Misha Nishba or another lasso
• 15:10
  davar talk Shana bion bionponi person makes a Shiva another to
• 15:16
  do it within a year or on a particular date.
• 15:18
  Yeshua lasso Miyad. So the Rama says, you know what,
• 15:21
  you should just do it right, right away.
• 15:23
  This way you avoid problems. You don't want to be over a
• 15:25
  Shiva or another in general we say anyways, you're not supposed
• 15:29
  to make nadarium and shivas. It is good advice, but it's like
• 15:32
  you said, it's more than just good advice.
• 15:34
  It's very strong advice because you're not even supposed to make
• 15:38
  nadarium and Shiva. You're supposed to.
• 15:40
  And if you do, we, we pass and you're supposed to be a mature
• 15:42
  them. And unless it's let's talk
• 15:45
  mitzvah and Nina da Vera. Yeah, I read that a regular oh,
• 15:48
  the shahrid kishagiya O to hayom.
• 15:52
  Or if at least you're going to wait for that day, do it in the
• 15:54
  morning as soon as you get up. Shama yishka akharka 'cause you
• 15:58
  might forget later. Veloya seno via voral nidro
• 16:02
  ushivuato and you're going to be over.
• 16:04
  You're neither in Shivua now the imloa Sao miyad.
• 16:09
  Now this happens. What?
• 16:10
  This is a common phenomena. What happens if a person says
• 16:13
  I've got time, right? Half of us are procrastinators,
• 16:16
  Half of us do things right on time.
• 16:18
  We're yuckies. We do things early, right?
• 16:20
  If an event is called there, some people come half an hour
• 16:23
  before and some come an hour later.
• 16:25
  You have different types of people.
• 16:27
  We're about to get there. What about Minneka, right?
• 16:29
  You're pushing it off till later and then Or chakras, But yeah,
• 16:34
  Minneka's or Marev pushing off the minion and the Imola.
• 16:38
  Salmiyad. Kiyamar dying.
• 16:40
  Ashley Penai, La Soto. I have lots of time.
• 16:42
  But Shaka and then he totally forgets about it.
• 16:46
  He looks at his watch the sunset.
• 16:48
  I can't believe what happened or I'm indoors.
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  You don't even see Onanas Akharka or a real onus happens
• 16:54
  either 1 you forget or you have an onus.
• 16:57
  Oh and you didn't do it in time now all morning or all year, you
• 17:01
  know, whatever their case is all morning you were able to do it,
• 17:04
  but you just waited to push it off to you know, I don't have
• 17:07
  until Skia. I'm going to wait for the last
• 17:09
  minute and then yeah, so then but then in the end or shaka or
• 17:15
  onas and yes, doesn't do it. Yesh omrim, the mikre onas, some
• 17:19
  say that that's also called onas because you honestly intended to
• 17:24
  do it later. And when it was your time to do
• 17:26
  it, it it was an onus at that moment, the yesh omrim dolo
• 17:31
  mikre onas. And some say no, no, no, that's
• 17:33
  not called an onus. You had all day, all year.
• 17:36
  You pushed it off. Now it's you violated it.
• 17:40
  OK, now how do we pass can so the Shokanara, the Magin
• 17:47
  Avraham, the Gras, the Taz, they all hold.
• 17:52
  It's we go like the first opinion and we hold.
• 17:55
  It's an onus and that's exactly that's how they pass can either
• 17:58
  here and in Orachaim, I think it's in Kovchet or talks about
• 18:03
  Tashlumin. Kovchet maybe anyway, So over
• 18:06
  there it talks about Tashlumin for it to feel exactly your
• 18:09
  case. And it's the same exact same
• 18:11
  halakha that we Paskin. It's that you have you're
• 18:16
  allowed to dove in Tashlumi over there.
• 18:18
  And here it's called an onus. So you're not you don't violate
• 18:21
  the Shiva and right. So a person was planning to dove
• 18:24
  in and then all of a sudden something came up or he was
• 18:27
  really taroued with business and he was planning to dove in later
• 18:31
  and it just it just didn't happen.
• 18:34
  So you're allowed to dove in. You're a Tashlumi Velo mikre
• 18:37
  onis bashvua al inka naya maggiolo EZ raa imoya nishva.
• 18:44
  Now when do we say a Shiva was an onus?
• 18:47
  That's your partner. It's when something bad happens.
• 18:52
  Loya nishva aval. I am lohaya maggiola tova
• 18:56
  venishva. But if he was, he made a shvua
• 19:00
  because he was expecting something good to happen.
• 19:04
  And I'm making a shivua and I'm hoping to split this.
• 19:08
  I'm gonna, you know, win the lottery today.
• 19:10
  And then he doesn't win the lottery.
• 19:12
  He didn't say it's on the tanai or anything like that.
• 19:14
  He just, he wanted something good to happen, but he made a
• 19:18
  shivua. So then we don't call that
• 19:24
  venispa kadeshihe la toba miza in mikre Anas bishwa.
• 19:29
  That's not called an Anas. The shock, as you mentioned the
• 19:34
  word, the shock. He's saying even if you said you
• 19:36
  said why I think that example wasn't good.
• 19:39
  Let's say you wanted to win the lottery and you're saying
• 19:43
  because I want to win the lottery, I'm taking upon a
• 19:46
  shivua, a cabala on myself. And the reason why I'm doing the
• 19:50
  Cabala or a Shivua Neda really, then it's to win the lottery or
• 19:55
  I don't know, I should have this or that, whatever you want to
• 19:57
  make up. And you're saying that's why
• 19:59
  you're making the Shiva and then you don't win.
• 20:02
  It never comes out. And you wanted to make this, you
• 20:06
  wanted to win this, get this within a month or a year or the
• 20:10
  lottery to scratch the ticket right now.
• 20:12
  And it doesn't happen. Even if you say that's why you
• 20:15
  made your Shiva, that Shiva is 100% call.
• 20:19
  We don't call that Nidre ones here.
• 20:22
  You're making a Shiva, and it's not all tonight.
• 20:25
  You're telling us what's your motivation behind that shivua?
• 20:29
  But it's a shivua. It's not, there's no tonight.
• 20:31
  There's no it's not on the condition.
• 20:34
  So then the shivua is kaul. And if you don't win, that's not
• 20:38
  called onus. If you do it tonight and it that
• 20:40
  changes everything we're talking about.
• 20:41
  And there's no tonight over here.
• 20:43
  You may have admitted why you're doing it, but that's not enough.
• 20:45
  It has to be a tonight. In order for it to be a tonight,
• 20:48
  you have to verbalize The Tonight.
• 20:49
  By next case call shivu onus, whatever is in onus.
• 20:52
  Bishwa Alfa bisha almoraldas rabi almodas Malcolm.
• 20:56
  Even though you say al das rabim, al das Malcolm, it
• 21:00
  doesn't matter if it's a nidre onus, it's not khal doesn't
• 21:03
  matter if you use das rabim. OK, next issue now I'm on Adam
• 21:09
  Lomar Shiwato. A person is a person is
• 21:13
  trustworthy. If he tells you right afterwards
• 21:17
  that haita, the onus, his shavua that he made was the onus, oh
• 21:22
  altonai kak vakak or his shibuwa was on it tonight, right?
• 21:26
  So we just learned it wasn't on it tonight.
• 21:29
  But let's say it was on it tonight.
• 21:31
  I didn't hear it, but he knew it.
• 21:33
  We trust him to tell us. He claims that right after the
• 21:36
  fact, that's fine. Or if it was a case of an onus,
• 21:40
  we trust him, gaddaf khoden shabar al shibuyatov.
• 21:43
  But we only trust him if he explains this to us before he
• 21:48
  violates the shore aval in Kavar Avar Eno Nelman, the Potromi
• 21:52
  Malkos. I believe even if he's in the
• 21:55
  Shiva zone it's called, we still believe him unless he violates
• 21:59
  the Shiva right? The tenaya passes, so now he's
• 22:02
  stuck with this shavua. We still believe him.
• 22:05
  If he says none of the old shavua was on a tanai and
• 22:07
  therefore it shouldn't be Hal, then we believe him.
• 22:09
  But once he's high of malchus, already everything went through.
• 22:13
  It was Hal. We saw him violate it.
• 22:16
  Then we don't say, oh, you know, after the fact.
• 22:19
  You know, I was thinking this not shut.
• 22:22
  My heart was somewhere else. And da da da, if we say dvarium
• 22:26
  should believe anam dvarium, right?
• 22:28
  That's we only believe him if it's before he gets malkus.
• 22:31
  Unless of course, the shock points out Yeshwag lying Madavar
• 22:34
  again. Every case you have to judge and
• 22:37
  see what's what's appropriate, what makes sense.
• 22:40
  Think better. Just stop.