Latest / SHULCHAN ARUCH YOMI: Own the Halacha in 25 minutes a day! / Yoreh Deah 132:4-133:4. Non-Kosher Wine: Paying or Collecting Debts; Not Profiting; Working In a Winery, Leasing Space or Equipment

Transcript

Yoreh Deah 132:4-133:4. Non-Kosher Wine: Paying or Collecting Debts; Not Profiting; Working In a Winery, Leasing Space or Equipment · SHULCHAN ARUCH YOMI: Own the Halacha in 25 minutes a day!

• 0:00
  OK, now it's working. OK, good morning.
• 0:03
  We are continuing with the NASA Kuf Lammed Bett.
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  And let me just we're going to start with the end of Si EF
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  Dalit straight to the Rama. The way I explained the Rama was
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  probably was not accurate according to the case of the
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  Rama. I think what I said was
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  accurate, but not it. It was not the case of the Rama.
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  So let's just read the Rama real quick.
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  Haga vachen Misha mazamin gleam etzla.
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  OK, so this is you're a Jew, you're in your house and you
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  want to have a non Jewish guest come to your house.
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  So the case. So that's the case.
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  So it's just like this mutar Ali Tain mahalo.
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  You're allowed to give money to you give cash, you give money to
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  your non Jewish employee, not your slave.
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  It's your non Jewish employee. It's obvious 'cause masha Kano
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  abdo Kano yet rabo see the beer gras anyway, so you give it to
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  your someone who works for you and you give them money and you
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  say I'm giving you this money you're and then you're accepting
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  this money for my non Jewish guest.
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  So basically when you pick up this money that I'm giving to
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  you now, this money is not owned by me.
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  It's being owned not by my employee, it's being owned.
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  He's being coned so that it's owned by the non Jewish guest.
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  So the non Jew owes the money. And then he tells his employee
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  with this money that doesn't belong to us anymore, Velik, not
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  Lahem Jane Nesser. And now go buy some actual, you
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  know, a nice bottle of good non kosher goyish wine and serve it
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  to my guest. And that's mutter because now
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  the guest is the one who owns it and you are not benefiting your
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  directly from Yeh Nessa. So anyways, but and the shock
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  just points out, but if you just give him the money and it's
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  basically it's your well, if it's still I mean, it's
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  basically we just said this. If it's your money, the Jewish
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  money and he's just holding the money for you to buy the the
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  Stam yenam to serve it, that would be user because as soon as
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  it ends, as soon as you buy it, now you're owning Ye Nessa and
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  you have a Kiev to destroy it, not to benefit and give it to
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  your guests. Yeah, Goi we see as Goi could be
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  a Mazaka for another guy. Interesting.
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  I remember that when we get to Khushi Mishbat where this is OK,
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  Koflammed bed. What?
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  Oh, it's true. Your employee could have been a
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  Jewish employee. Could have been a Jewish
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  employee. Correct?
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  Correct. I will avoid the issues of
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  Morris EIN going into a non Khushi liquor store, but a
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  separate topic. OK, let's read.
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  Hey, let's go to Hey, a Jew owns wine.
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  Most of us do not live in such circumstances in such a
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  government. Sometimes you might feel like
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  you do, but anyways, you have the law of the land is the king
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  says you have to give him wine. So what do you do?
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  You have to give him wine. Yahoo, Lomar Lagoy.
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  Yeah, holla Marlagoy Paes Lamella Bishvili.
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  Go to the non, go to the tell your friend, your goyish friend
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  and appease him for me. What exactly is the problem?
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  Let's you get you get a barrel of wine on behalf of me right
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  but it's kosher wine right right, right, right.
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  You could take the law of the land is you have to pay a tax
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  with your wine, not money, but wine.
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  So you could give the non the the king your kosher wine.
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  That's not the problem. But you're trying to make your
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  life easy and not schlep it and deal with it.
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  You're asking your or it could be more expensive.
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  OK, very good. The point is you're trying to
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  get your goyish friend your to pay with his wine for you.
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  So how do you do that is the question, Because if he just
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  uses his wine for you and it's instead of you, then it becomes
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  kilu. It's your yay nessa that you're
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  deriving benefit or Stam that you're deriving benefit from.
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  So how do you do it? You go to your friend and you
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  say appease the king. For me, it's again, all those
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  cases are the next couple cases. It's a legal loophole.
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  Perhaps it's a little bit it's a technical issue.
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  It makes a lot of sense, you know, if you have a technical,
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  mathematical mind and the whole case is biddy of it.
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  So there's really no, no problems over here and it's not
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  a harama. No issues like that.
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  How do you say, OK, so we have to just technically do it
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  correctly because you're not allowed to make yourself.
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  You can't make yourself as if that wine is yours, stamenam.
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  And then you're benefiting. So you tell the goy appease them
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  for me, Alpha Pisha goy noten, yay nessa.
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  You know that the goy is going to give him yay nessa for you
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  and that's what he's doing. But that's OK because you're not
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  telling him you know this wine is for me.
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  You're not designating his specific stamyenam.
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  You're just designating him as a person to appease him however
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  he's going to do it. And then and then you pay him
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  back for it, no problem whatsoever.
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  But you can't use a type of a phrase where you're telling,
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  telling him go for me instead of me and bring your wine for me.
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  OK, So anything along those lines is going to be a problem,
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  right? Even though he could have done
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  it, he could have appeased him any other way.
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  Any the Shah points out, anytime you tell someone that I'm using
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  your Stam yenam, then it becomes user again, maybe durabanam, but
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  it becomes user to do so. OK, let's go to CE Faf meleh
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  shaya Mahalak yinolam. Oh, you have a SAR.
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  Oh, OK, so I'm going to SAR something.
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  It doesn't matter. The issue is the goy.
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  The king, the the guy in charge is right.
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  Whatever the governor, he is Mahalik, his stamyenum.
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  The law is in the land. This is the case.
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  The king has an abundance of wine and he's forcing as a tax
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  every single or he takes wine, whatever it is.
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  He's forcing everybody to buy wine from him.
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  So you have no choice, but you have to take his wine and give
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  him money. All right, some, if you want to
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  call it a tax, whatever it is, this is this is the law of the
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  land. So what do you do so now you
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  want to so he then he gets paid for it Lo yomar user Elagoy
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  don't tell the Jew shouldn't tell a non Jew.
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  Hey, look how much time Zeus Takhti Takhti the oats are.
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  So here take 200 Zeus $200, whatever it is, take this sum of
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  money and go instead of me so that now you're going to buy the
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  Stam yenam with my money in exchange Is the bottle already I
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  guess has your name on it. You can't go like this Aval O
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  Merila, because the problem of that is in the first case, the
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  way we just at the beginning of this case is if you give him
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  money 200 and you're saying use that to buy the stamina, then
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  you want the goy to pay you back your 200.
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  You're going to let the goy keep the wine and you're going to
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  want to get back your 200 zoos that you just gave him.
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  But if you'd say that this money is for the stamina, then the goy
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  can't give you back your money. You lost it.
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  Obviously you can give him a gift and then you can do
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  whatever he wants. But but you want to get your
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  money back from the goy. So how do you do it so you can
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  get your money back? Tell him, like we said before,
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  give him 200 zoos and then tell him Figure out a way to save me
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  my 200 zoos. Go to the king and figure it out
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  and get, you know, and then, so then really you're just giving
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  him like a loan and then the guy is just borrowing your money
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  now. The, the, the guy, the so yeah,
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  then he's able to figure it out and, and then the guy can get
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  the bottle of wine. Then he has time to sell the
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  bottle of wine and then he can pay you back your, your Cove,
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  your Cove later. So that's how that's how you do
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  it. What?
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  I don't know. I don't know.
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  OK, I don't know. Let's let's read on.
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  I don't have any issue. You saying is a bear hate.
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  This is the issue. Oh, yeah.
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  The bear hate. If OK, it's a shock.
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  Sorry. The shock does quote an opinion.
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  I'm not sure how strong the shock cares as a recommendation
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  or it's important, but the Shah does quote an opinion that says
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  if the king wrote down your name on the bottle and basically is
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  forcing it to go to your address and your name, so then you can
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  no longer this trick doesn't work.
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  So again, the Shah Kanarakrama says says it does work.
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  The Shah just quotes an opinion. It doesn't work.
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  OK, let's go to Zion. OK, Yisrael shahaya nochebagoi
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  over de Lilium now. So now what happens if the go a
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  Jew, a separate, a new separate brand new case.
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  A Jew gives money to a non Jew and he lends it to him, lends
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  him a mana, a certain amount of money.
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  I don't know. I like using $100 Valhalla
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  umachar El Lilium viennesa behavior, low demand.
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  So you lent the money to the non Jew.
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  Now the non Jew took your money and made business with it to
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  sell stamina munessa, whatever it is.
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  And then he comes and brings you back.
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  He returns your loan. That's all it is.
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  You just borrow money and now he's returning the loan.
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  Harry is a mutter, no problem whatsoever.
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  It's just a normal case of a loan.
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  It doesn't matter what he did with it.
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  However, the IMEM Amarlo Kodem Shimkor, I'm 10 Lianche.
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  I'm Kor. OK.
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  Now what happens though? You go to the Nanju and you say,
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  listen, it's it's been already enough time.
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  I want my money back. Please, please pay me back.
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  And the guy says you're so kind, thank you so much.
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  But you know, I haven't able to get the money back.
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  You know what? I've got a bottle of Stam yenam
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  or E NASA lying around. Let me sell that.
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  So he says, hold on, give me a couple days.
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  I'm going to sell this bottle and then I'm going to bring you
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  the money from this bottle. All right, stamina.
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  So then alpha Pisu Stamyeno, even if it's just Stamyeno and
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  it's only Assermida, Rabbanan Umakhar.
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  And then he sells the heavy low and he brings the money with it.
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  Hareza ASA, you're not allowed to take your money, OK?
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  Or at least not you're not allowed to take your money from
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  this bottle. At least upenay he still owes
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  you money. Upenisha yisrel rozsa bikyumo
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  kadesha yifrat nimenu kovo. So because it's a because the
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  Jew and now is waiting to get paid through this yeh nessa or
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  yeh stamyenam. So he had his eye on the
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  stamyenam and he's waiting. He doesn't want anything to
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  happen to it. He doesn't want the bottle to
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  fall and break and he wants to get paid through it.
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  So then it's usser for him to to get paid through this bottle VA
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  shamri no the ramari says the EN Ester Zeschel wrote Sabe kiyumo
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  again. Right now we're talking about a
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  regular ova de Lilium OK? Or a non non Christian normal
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  case all right, where it'd be ASR ASR behanavyesh omrim the EN
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  isser zeschel rotsebi kiyumo. When do we apply this isser
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  darabanen of Rotsebi kiyumo El adafka in Eno Yahoo rehi Pereira
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  MI Malcolm akhi Only time is if you have there's no other way to
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  collect money. The guy, the guy says I can't
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  pay you back. It ain't happening.
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  This is the only way because then you really want this thing
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  to stay in existence. But if you can get paid from
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  another item in his house or there's a guarantor, you know
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  you're going to get money eventually, then it's mutter.
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  Then you don't have to. We don't say it's a necessary
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  rotsebikiyumo. It could be you partially
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  rotsebikiyumo, but not really. Just that's the case over here
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  and you're not depending upon this bottle of wine.
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  So then it's then it's mutter. The shock just mentions it's
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  interesting the the the rival learns a little bit differently.
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  I mean, that's the Halafa Shalkhana.
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  Rama just points out that the rival holds.
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  It's if there's no other way to collect money, then then then it
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  is mutter. So then it is mutter.
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  That's so there is what to rely on the shot at Khak and Hefsim
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  Aruba. Then the remark concludes when
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  you do, when there is another way to collect the exact
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  opposite because of the fact because then it shows that wrote
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  to be Kyumodafka on this one. And Rama says, but really this
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  whole khalaqa, lots of these halaqas that we're learning
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  don't apply nowadays according to the Rama.
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  OK, let's go to Kuflam and Gilmour Sholisaka.
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  We don't want to benefit and make even money out of the NASA
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  olive, just like you're not allowed to sell and make profit
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  out of Stam yenam. It's asurbana kah assurantly
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  he's stuck Caribou. He can't make profit out of it,
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  business out of it. Lafika.
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  Therefore, how does this apply in this Simon, you saw Shanice
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  Karla goyla Satmelaka. So let's say a goy hired a Jew,
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  right? Goy hires goy has Stam yenam in
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  his factory or his winery and he calls and he and he hires a Jew
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  to work for him for his Stam yenam in a non Jewish winery.
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  All right, that's a job you found and wine tasting or
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  whatever your your profession is.
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  Or you rented your donkey or your car, your truck to a non
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  kosher winery or your ship. You want he wants to import it.
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  You rent them your ship for the purpose of stamina, O Martifo,
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  or you rent them out the office space or a winery, a factory, a
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  basement, whatever it is for the purpose of his stamyenum to get
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  paid for it. And you're not allowed to
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  collect money on your work or your rent.
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  But you rented it out to him. And if you took money from him
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  and then you learnt this Salaha sokheg was zora la Rua show
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  cake, show cake. You have to sand down and grind
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  down some cash and then take the bits and throw it into the air,
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  into the wind. Oh, Matsuyama, throw it into the
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  ocean. Now tell no pero de lichuma.
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  Yum. If you took what?
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  Yamamella, Sorry, Yamamella. If you got food, fruit, produce,
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  you have to throw it into the yam Hamela.
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  That's sea. Oh Yusra fame.
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  Or you burn them. Or you burn it, you take the
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  ashes, and then you bury it in the cemetery.
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  Afilu laka karka O Bahama. Even if you took land or
• 18:23
  animals, which according to the Lakas, we're going to learn that
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  if you bow down to them, they don't become because it's Mohuba
• 18:30
  Lakarka or whatever, it's not part of the it's still Asur Haga
• 18:39
  once again, the Bisma Nazemi killing and Hector Hannah, Mr.
• 18:43
  Yanam with Hector Hannah Nim Nessa Comer.
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  So the Roma says you don't have to worry about any of these
• 18:54
  genium unless you're talking about Ye Ness Akamer.
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  But the Shah qualifies the Rama. I'm not sure if it's a Mahocus
• 19:02
  or not, but he says but but like at Heela, you're not allowed to
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  only bidi avid. He learns the Rama is only bidi
• 19:09
  avid. You're allowed to So OK, right.
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  And the case the the case of getting benefit is you're not
• 19:19
  literally getting scar from yeh Nessa or Stam Yanam.
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  So it's only a Kanas. This whole Allaha is only a
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  Kanas because you're not literally getting you're you're
• 19:29
  getting benefit from renting out your space or from working.
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  You're not really getting benefit from an isser hefez of
• 19:37
  Isser Hana. So it's all ikanas Alderabanam.
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  OK, bet he's Khaler Khamora Lyrical Bhalov.
• 19:43
  You rent him out your car, your Khamora, your donkey to ride on
• 19:47
  it. Alphabet gum, the Gino Shalayan
• 19:51
  I love. So you rented it out for any
• 19:53
  purpose for him to travel, but he also during the day used it
• 19:59
  for or you had no idea. You also rented it for.
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  He put his Stam yenam in there. You have the word gum.
• 20:07
  Yeah, Gum. Oh, she's or you rented him a
• 20:13
  ship for Scorah in general, even though he's also putting some
• 20:20
  scissorhana in there. You're allowed to get benefit.
• 20:27
  When you rented it out to him, it wasn't for the purposes of
• 20:31
  and it's not a problem. Now let's say a goy hires the
• 20:42
  non the hires you, the Jew to work and he tells you, listen,
• 20:49
  I'm giving you a job. This is the the job.
• 20:51
  It's it's this is the whole job. There's 100 barrels of wine and
• 20:57
  I'm going to pay you 100 Fruitot.
• 21:01
  Yeah, 100 barrels of something of shekhar of beer.
• 21:05
  So it should be kosher. And you give it and then he and
• 21:08
  he tells you I'm going to give you 100 pruto.
• 21:10
  So the assumption is everything's kosher and no
• 21:12
  problem. Kevan shaheish binyam shava
• 21:15
  pruta misakhar kya. I skipped lying.
• 21:19
  The Nim said ah katmahem yain. And it turns out one of the
• 21:23
  barrels is Stam yainam. So now what do you do?
• 21:26
  Because you can't get benefit from working on Stam yainam kulo
• 21:30
  asar and Escaro kulo asar any you can't get paid for the whole
• 21:35
  day, the whole job, the whole job.
• 21:37
  Because it was a job, it was bicablanut, the shock says.
• 21:41
  But then the shock says probably, or perhaps it would be
• 21:44
  us, or even if it was a salary, because you wouldn't have.
• 21:49
  Well, no, no, no, I take it back.
• 21:51
  Not for a salary, it's because the job and you wouldn't because
• 21:56
  it's bicablanut. And therefore he looks as it's
• 22:00
  as if it's all mixed together. And you, we're going to learn
• 22:04
  that if it's Isser Hana that gets mixed by Koshu, it's Isser
• 22:08
  Behana. And also he adds, because if you
• 22:11
  were to refuse the job because of 1 barrel, like if you would
• 22:16
  have said, you know what I'm going to do 99 but not 100, you
• 22:20
  might not get the job. It's not clear, but you might
• 22:22
  not even get the job because the guy wants the whole job done.
• 22:24
  No one wants, you know, 1 little piece, you know, hire a kabalan
• 22:27
  to do a job and he leaves out, you know, one wall.
• 22:31
  Now you do hire a whole new so you won't you won't get the job.
• 22:34
  OK, OK, I mean so then let's read Scarakulu ASA K van shesh
• 22:40
  binam shavapruta because each one is a shavapruta and and
• 22:44
  therefore it's all and then it all gets mixed together.
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  OK, shahim haya pahot Misha vapruta mutter.
• 22:53
  Now if each if each barrel was less than a shapruta, then it's
• 22:58
  not going to answer the rest with the other Call havid the
• 23:03
  pruta. And if you tell him, listen, I'm
• 23:04
  paying you each havit 1 pruta. It's not a full job, all or
• 23:08
  none. Each havit that you do 1 by 1,
• 23:11
  then I'm going to give you a pruta venem sabinem havichal
• 23:14
  yain. So then scar havichal yain asur.
• 23:18
  So then each one's individual. So then the scar for that one
• 23:21
  havit is asur and it's not a problem.
• 23:24
  You get paid the whole thing. That shahar scarl mutter minus
• 23:28
  that one. You know that that one pruta
• 23:31
  lakhathila asur al-Assad Cain. But Lakhathila you're not.
• 23:34
  You're not allowed to do something like this.
• 23:36
  OK, interesting. Dalit Hayao Seymo being Bian
• 23:41
  Bahina. Let's say you go work for the
• 23:44
  non Jew for free. You're doing him a favor.
• 23:46
  So there's Tovas Hana, the guy now he owes you a favor.
• 23:50
  So you did benefit in a way. So if you worked for him to he
• 23:54
  had a day off and you went to go help him for a few hours and you
• 23:57
  did it for free, there's still a problem.
• 24:00
  Mashqani Mina Khasaf. Can I get scaro?
• 24:03
  So Baisden comes in, you can see the Taos.
• 24:05
  Baisden comes in and they take money from you.
• 24:09
  They give you a Kanas, they levy a tax on you and you have to pay
• 24:14
  the Baisden the amount that's worth the Tobas hana.
• 24:20
  And it's just, it's a Kanas, but it's still, it's still a Sir.
• 24:28
  Fine. Maybe we'll stop here.
• 24:30
  We'll stop here.