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Yoreh De’ah 237:3-12. Oaths: The Wording of an Oath or Curse · SHULCHAN ARUCH YOMI: Own the Halacha in 25 minutes a day!

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