Latest / SHULCHAN ARUCH YOMI: Own the Halacha in 25 minutes a day! / Yoreh De’ah 234:25-35. Vows: Father or Husband Annulling, Hearing, Timing, Multiples, Messenger, Intent

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Yoreh De’ah 234:25-35. Vows: Father or Husband Annulling, Hearing, Timing, Multiples, Messenger, Intent · SHULCHAN ARUCH YOMI: Own the Halacha in 25 minutes a day!

• 0:01
  OK good morning we are Nilkhos Nadai I'm Rachel Almendalid.
• 0:05
  We are about to begin see if KOA kaf that she are given from my
• 0:12
  Mahmad RBS and may Hashem have rakhmi rakhmi Shamayaman us
• 0:20
  protect us eliminate all the evil in the world and bring the
• 0:25
  ghula and share. OK, just to reiterate on the
• 0:32
  topic of Shmia right. So based on there's a Pasak or
• 0:36
  it says the Pasak says vishama. The question is does he need to
• 0:42
  hear her here at Mamish or not? So of course it means he didn't
• 0:49
  hear her make the netter. He doesn't.
• 0:51
  No one says he has to hear her actual rendition making the
• 0:57
  words of the nether itself, right?
• 0:59
  It's when he finds out about it later.
• 1:02
  So she makes the nether, let's say, could be any day, doesn't
• 1:06
  matter. He doesn't hear about it.
• 1:07
  He doesn't hear her make the nether, right?
• 1:09
  That's obviously what we're talking about.
• 1:11
  Then later he finds out. So when he finds out, it could
• 1:16
  be from a friend, could be from the the media, could be from the
• 1:21
  phone, it doesn't matter, but he needs.
• 1:23
  So the question is, is it enough for him just to read about it in
• 1:27
  a text online, right, Or does he actually have to hear the news
• 1:33
  that she gave the the nether? So that's obviously what we're
• 1:37
  talking about. And so then the question is the
• 1:40
  Xeris, basically, how do we learn?
• 1:43
  Does he mamish have to hear right?
• 1:45
  That's the opinion that the Rama follows.
• 1:49
  Or does he has to just be called based on the principle and shas
• 1:55
  kulharatuli labila, as long as it's able to be mixed with oil,
• 2:00
  another, as long as it's capable, you don't actually have
• 2:03
  to. In other words, he can't be
• 2:05
  deaf. He has to be able to hear the
• 2:07
  news, but he doesn't actually have to hear the news.
• 2:10
  He can read about it, for example.
• 2:13
  OK, So then how can it be? How could you know to do Hafara
• 2:18
  right if you never even heard about it?
• 2:20
  So how does that make sense? What's the, what's the practical
• 2:24
  possible case of the Roma? So again, what we're going to
• 2:29
  see, you need to know. So 2 possible scenarios.
• 2:33
  You need to know who it's for to do Hafara.
• 2:37
  Who made the net there, right? Was it your wife?
• 2:40
  Was it your daughter? Who's involved and what the made
• 2:43
  the net there for right. So then if you had to mind the
• 2:48
  wrong thing, it doesn't work. So it could be that somebody
• 2:50
  told you, you know, we're about to read about it.
• 2:53
  You know, a lady said it and then he didn't know if it was
• 2:56
  his wife or his daughter. So that could be a case or any
• 3:01
  or he got the OR he got mixed up and it was wrong.
• 3:04
  We're going to find out the details in a moment.
• 3:07
  Or it can't be a pre emptive that he did the Hafara before
• 3:12
  she made the nether, but after she made the nether.
• 3:16
  He could say any nether that she made.
• 3:19
  He doesn't know if he made it, if she made a nether, any
• 3:21
  possible nether that she made. I'm doing Hafara right now.
• 3:26
  In other words, you could do Hafara without doing the Shmia
• 3:31
  because it could be you don't have all the details at hand or
• 3:33
  you don't even know if for sure she made a nether.
• 3:36
  You're doing Hafara just in case that also works.
• 3:40
  OK, now let's let's continue with Kaf khat inside in Haav
• 3:49
  Veloha BA al Mefirin called him Shatidor.
• 3:52
  All right, So this is Alaka that the father or and this isn't
• 3:57
  Hafaras Nadarium. So whether it's the father or
• 3:59
  the husband, either way it's Hafaras Nadarium.
• 4:02
  They cannot, they cannot do it before she makes the Nether.
• 4:06
  As I just said, he can't, they can't preemptively do the Hafara
• 4:12
  before she even makes the Ned there.
• 4:14
  But they could do it before they hear about it.
• 4:19
  And then that's the mahalo Khashogan Raba.
• 4:22
  If they have to wait, if it's called right away or not.
• 4:25
  But OK, so anyway, so here we are.
• 4:29
  They're able to do it. They can't.
• 4:30
  They cannot do it before the Ned there.
• 4:32
  Now this is in contrast to what we learned previously that by
• 4:38
  Ataris Nadar you could do, you could prevent a neder from
• 4:46
  happening, from being hauled, right.
• 4:49
  You can say any neder I'm going to make is not going to be
• 4:51
  hauled that you could do before you even make the neder.
• 4:54
  So that does work and it's and the difference is basically it's
• 4:59
  soaking. There's a custom from the Gemara
• 5:02
  and if you want to look back, it's in Raish Kafkhet, the Taz
• 5:07
  in the sieve, Katan Kafkimo, of course, obstructing from the
• 5:10
  Gemara by Mayfair Makshava, a room name there.
• 5:14
  It only has to be in the Makshava, doesn't have to be
• 5:16
  haul yet. That's du Hafara.
• 5:19
  But when it comes to and it's based on Drasher, but the
• 5:23
  Drasher, the lawyer held the Varro means you can't do Ataris
• 5:26
  nadarium until it's ha, OK, fine.
• 5:28
  So that's separate. So what we're learning over here
• 5:33
  is here. Let's keep reading inside.
• 5:37
  Aval Misha Nadra as soon as she makes the Neder Meiferium alpha
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  Pichalochal haneder vafilo shalo befanea.
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  But here, right? So there by Hatara Sundarium,
• 5:52
  you can do it even before they make the Neder.
• 5:55
  You can either do Hatara before you.
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  It happens, but then you can't do Hatara once the nether is
• 6:01
  made until it's hall afar is completely different.
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  You can't do how far until she makes the Nether.
• 6:07
  And it does work even if it's not hall yet.
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  The husband or the father can do how far even if it's not hall
• 6:13
  yet. But feel is a little bit fun.
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  Yeah, even if she's not there in the room.
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  Right. You hear about it.
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  You don't have to wait to meet your wife to or daughter to do
• 6:22
  how far this entire do where you are.
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  In fact, you better because you want to do it the same day.
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  OK, hug up now the age only dafka neder shetali bismande
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  mamela khayo of a intali Mama said lo you.
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  So the Rama has an opinion. I'll just tell you the shock
• 6:43
  disagrees. The shock sides here with the
• 6:45
  but the Rama over here says it depends if if it's for sure
• 6:52
  going to happen when it when there's a time comes by, it's
• 6:55
  going to be half like like she makes a nether and says it's not
• 7:00
  going to be haul until 30 days. So in that type of a case, the
• 7:05
  Rama agrees that you can do a Fara even before it's haul
• 7:10
  because it's for sure going to happen.
• 7:11
  It's just a matter of 30 days. It's a matter of time.
• 7:14
  But if it's dependent on a Tania like she makes another.
• 7:17
  If you do this, if someone does this, if I do this, then this is
• 7:22
  going to be my Shiva or another. So then you don't know if it's
• 7:25
  going to happen. Maybe it will, maybe it won't
• 7:27
  depends if someone does the condition.
• 7:30
  So then since it's a question mark there he holds the remote
• 7:34
  holds. You cannot do Hafara until it's
• 7:39
  actually let's go on kaftat habaal Mayfair lishte nashav que
• 7:47
  ahas. OK, now if and one dibor a
• 7:56
  husband or a father can do hafara to the two wives or two
• 8:04
  daughters at the same time, two daughters, 2 wives make a Ned
• 8:08
  there the same time with one expression.
• 8:11
  He can do it on both the Asia hulking and there's an opinion
• 8:17
  right So that there is it a sentient opinion and it's based
• 8:20
  on nothing believe it's I believe it's a Mahacus in the
• 8:22
  Gemara anyways that each on this opinion each one must do it for
• 8:27
  him. Each one must do a separate
• 8:30
  hafara for each person can't be done at the same time and it's
• 8:34
  based on Adrasha the taz quo sedictive OSA Velo haverta IMA.
• 8:40
  So you're dibor of Yeah, so Mahlokas tonight the dibor is
• 8:47
  has to be for each person separately.
• 8:50
  You have to. And we're going to see Mufar or
• 8:53
  Bartel. Whatever expression, we're going
• 8:55
  to learn that soon. Whatever expression that you're
• 8:57
  going to say to do the hafara, you must say it twice for each
• 9:02
  person. Can't do it all at once.
• 9:04
  OK, Lamid. And you're calling Masochiliac
• 9:08
  Lola hakama Lola hafara. OK, Now normally we say in
• 9:15
  halacha we normally say Shaluko Shaladam kimoso.
• 9:20
  Usually a shalia can be instead of a person.
• 9:22
  You know you can appoint someone to light candles for you, for
• 9:25
  example, right? There's a lot of things you can
• 9:27
  appoint someone to do for you. And it works even even for Dina
• 9:32
  deraisa, right? OK.
• 9:34
  However, there's a special drasha in the Sokim Taz Coset
• 9:39
  where it says Dicteep Isha yakimenu Velo Shaluko so happens
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  to be a Maklokis in the Gemara and but we paskin that that's
• 9:49
  Shalia cannot do not hakama and not hafar.
• 9:54
  Just interesting to note. There's an opinion that explains
• 9:58
  it's la kumra, in other words, ramachmer.
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  So therefore it's a spake of the reisa la kumra and therefore she
• 10:05
  we say Shalia cannot do it. But some of the, you can see the
• 10:09
  the Marshall and others they point out, Ricky Vega points out
• 10:17
  that if it's, it's one thing, if it's the simple halacha that we
• 10:23
  passed in, like that opinion that a Shalia cannot be Camoso.
• 10:26
  But if it's the reasoning, as if the reason why we pass in that
• 10:29
  way is because we're going to be sveka, the rice a la kumra.
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  So then perhaps for a la hakama, we should say it works because
• 10:39
  that he can no longer do hafar. That would be the, that would be
• 10:42
  the kumra way to go, right? Because it sounds like from the
• 10:46
  the halacha is being the cooler, being the homra, that's the
• 10:50
  halach. OK, fine.
• 10:57
  Right. And as the the taz points out,
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  even if the husband hears right, he still can't appoint the
• 11:04
  Shaliak to say the words of Mufarlach.
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  The words to do the the hafar can't be done by the Shaliak at
• 11:12
  all, even if the husband himself hears OK, lamad aleph.
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  Now lamad aleph goes together very much with lamad gimmel.
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  So we're going to learn lamad aleph.
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  We have to learn lamad aleph first.
• 11:25
  I mean, it goes in order and it's gives us the basic
• 11:27
  beginning of the halacha. But we won't fully understand
• 11:30
  lamad aleph to read lamad gimmel and then it's good to do Hazara
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  and lamad aleph. You'll see.
• 11:36
  Sorry, Shia. Khaveen Lesheim.
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  Haisha Shahfar Allah Lesheim. Another Shu.
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  Mayfair. So this is the foundation of the
• 11:43
  halakhadiyasot is that in order to do hafara, you have to know
• 11:48
  who you're doing it for. For which woman?
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  Is it your wife or which wife is it your daughter?
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  Which daughter? And you have to know for what
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  it's what the nether is. Kaitzod Nadra Ishko.
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  Now we're going to explain when you get to La me Gimbel.
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  There's obviously a caveat. OK, Mayfair.
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  OK, Sorry Kaitzod nadra ishtavasavarshan nadra bito.
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  So in reality it was his wife who made the Ned there and he
• 12:19
  thought it was his daughter. And that Haggah adds this is
• 12:23
  important. He came amrullo and he and and
• 12:27
  they told him out loud it was they told him that it was your
• 12:30
  daughter. And so then he makes the hafara
• 12:33
  accordingly. Oh ibka are the opposite.
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  It was the daughter and you thought it was your wife and
• 12:38
  they told you. This was verbally told to you if
• 12:44
  they didn't tell you and you only thought in your mind.
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  So we're going to get to Lam and Gimo.
• 12:49
  Oh ibka the opposite. Sorry.
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  Najra or Najra Mateinim Visalver Shanadra Mehanavim.
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  She let's say it was your wife. That's not I'll say that's not
• 13:00
  the question. And you thought and she made a
• 13:02
  nether specifically on figs, but you thought she made the nether
• 13:05
  on grapes. Keikain amrullo that God points
• 13:08
  out. And it must be that they told
• 13:10
  you that otherwise it'll be a steer at talam and gimel O ibka.
• 13:15
  They have farallah al da adsa. And based on the information
• 13:19
  that you got, you made you made the hafara lo javea Farah, since
• 13:27
  you had the wrong information and the wrong das, it's not a
• 13:31
  hafara LANK no della talkate dibor.
• 13:35
  But you got it completely wrong. So it still counts if you found
• 13:39
  out talkate dibor maybe 2 seconds right?
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  Shalom alakharabi or Shalom Alakharabi Mori something OK
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  viraza gum the hafara zo. And you wanted that hafara.
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  In other words, if you had the wrong information and you said
• 13:59
  it for the wrong person, but talk soon and then you find out
• 14:02
  a minute later, so then for sure it doesn't work.
• 14:05
  But if you find out within a second later and you want that a
• 14:10
  fara to apply to the other person that you now found out
• 14:14
  who really made the net there. So then it works.
• 14:17
  Because talk of the divor makes it as if at the same time, when
• 14:21
  you said it, you had them in mind.
• 14:24
  OK, so it has to be obviously you have to agree to it now.
• 14:27
  So the here, OK, so I'll, I'll say it now, but maybe you'll
• 14:31
  fully appreciate it when we get to Lam and Gimel.
• 14:34
  The Bach holds that even if you didn't, they didn't tell you.
• 14:39
  The Bach argues on this Rama that adds Kiquinam Rulo because
• 14:43
  they told you and he says you have to be Mahmir.
• 14:46
  And the Shah also says it's better to be Mahmir like the
• 14:49
  Bach that since you had in mind for the wrong person, we say it
• 14:54
  didn't work. The hafara didn't work because
• 14:57
  you had to mind the wrong person, even if they didn't tell
• 14:59
  you verbally because you had in mind the wrong person.
• 15:02
  All right, sorry, we're going to do do Lam and bet and then we'll
• 15:07
  understand Lam and gimel. OK.
• 15:11
  And the shock points out, by the way, in this halacha that when
• 15:16
  the in order to be just in general, we learned by Ataris
• 15:21
  and Adarim, you have the hakamim have to hear what the Ned there
• 15:25
  was to make sure that it's appropriate.
• 15:27
  But for Hafara, you don't have to hear what they are.
• 15:30
  You don't need to know the details.
• 15:32
  You can even tell them I'm being made for free.
• 15:35
  I'm doing hafara on whatever your Ned there was.
• 15:38
  And you don't even have to know the specifics because you're OK
• 15:43
  with both of them. But if the problem is if you get
• 15:45
  it for the wrong thing, you thought it was for figs and it
• 15:48
  was for grapes or vice versa, that's the that's when it's a
• 15:51
  problem. But you don't have to know the
• 15:54
  details and you don't need the wife's permission.
• 15:55
  Obviously, you can do it just any, whenever you want.
• 15:58
  Well, it has to be that same day, but you can do it just
• 16:01
  because you want, regardless what she wants.
• 16:05
  OK, Lahmedbet 'cause you know the law a harkade A harkade
• 16:09
  dibor the law have a hafara. Now let's say it was it was
• 16:13
  because it was the wrong food or the wrong person.
• 16:17
  And you find out afterwards you made a mistake.
• 16:19
  It was a few seconds later. So then it's too late it's And
• 16:24
  so the hafara was nothing. OK, so we said that if turns out
• 16:29
  that when you originally did your hafara, it didn't count
• 16:31
  because you had the wrong kavana yeish lo lahafer ko yung
• 16:37
  yadiashinit. So when you find out that you
• 16:40
  did it by mistake, like it, it didn't work because it was the
• 16:43
  wrong person. So that didn't count as your
• 16:45
  first day because you didn't even hear about it correctly.
• 16:48
  So that doesn't count as the day that you heard that.
• 16:51
  When's the first day that you hear?
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  When you find out the actual story, that can happen the same
• 16:58
  day, that can be weeks later, and that's your Yom Shmiya.
• 17:03
  Yom Yadiya is the same as your Yom Shmiya and therefore you
• 17:06
  have that entire day to do it in Kia Mediacommaisa love Kuumu and
• 17:11
  so too if you did the kuum on the wrong person or on the wrong
• 17:16
  food, you had the wrong Qivana. So the kuum didn't do anything
• 17:20
  and it was a nothing then. So there too.
• 17:22
  So therefore the Imran Salahafir vidya shnea Mayfair.
• 17:26
  So therefore you're allowed to do you hafarah when you find out
• 17:29
  about it, because when you first did it, it didn't count.
• 17:33
  It wasn't akim, it wasn't afarah, it was nothing.
• 17:35
  It wasn't even your first day because he didn't hear the
• 17:37
  details correctly. When you hear about it now,
• 17:39
  that's your first day and you can do either one.
• 17:44
  OK, lahman gilmo amrullo. Now let's say they tell him
• 17:49
  najra isha battachbe Saha. There's a lady female in your
• 17:54
  house who made a nether. They didn't tell you who the
• 17:59
  savor Shahubito. He assumed it was his daughter,
• 18:04
  right? My wife wouldn't make another
• 18:06
  the Hafar Allah and he did a Farah on his daughter Venemsa
• 18:09
  Ishtahi Shinadar and it turns out it was actually your wife
• 18:15
  Alpha pichelonimsa ella akhar kade dibor, even though they
• 18:19
  didn't. And you know you didn't find out
• 18:23
  the correct information until much later.
• 18:27
  Hareza al mufar bahusha rotza bahafarat ishto.
• 18:30
  So that counts as a complete tafara.
• 18:33
  I'm assuming that when you actually find out to it that it
• 18:36
  was your wife that you want, you wanted to if you only wanted to
• 18:41
  do afar if it was your daughter and you didn't want to do afar
• 18:43
  if it was your wife and it doesn't go on the wife.
• 18:46
  But seeing Lam and Gimel, the case is they didn't tell you who
• 18:49
  it was. And so therefore, even though
• 18:54
  you got you assumed wrong, it was never stated by anyone who
• 18:59
  it's for. So therefore it counts.
• 19:02
  It still works. All right.
• 19:05
  So this seems to be the so that's why the Rama says it
• 19:08
  doesn't count If they told you or you said the wrong person,
• 19:12
  that's when it doesn't work. That seems to be the Ekrulla
• 19:14
  halacha certainly according to Shah Rama and we saw the Shah
• 19:19
  who's OK, let's go to Ahmeddalid.
• 19:24
  Ahmeddalid now the hafara a person could only do hafara
• 19:32
  based on when the neder was given Kate sad.
• 19:36
  What do we mean? What are we talking about?
• 19:41
  If when they make when she makes the neder she was married so so
• 19:47
  the husband can do hafar right? Alpha P shalod Yahoo achatit
• 19:51
  alman even though the neder is on a condition that it won't be
• 19:55
  Khal until she becomes single and he dies, right?
• 20:02
  It could either be let's say she says I'm making this aser Tamiya
• 20:10
  a Neder that's only Khal after 30 days.
• 20:15
  The hafarlah and then during those 30 days he does hafarah,
• 20:20
  right? They're they're married, Vineet
• 20:23
  almana bin thayim. And then after he makes it,
• 20:28
  after he does the hafarah before that 30 day sets in.
• 20:34
  So then mufar, it still works even though there wasn't Khal
• 20:36
  yet. It works because when the nether
• 20:41
  was said they were married so the husband's allowed to do it
• 20:45
  fine so it works. Or even if she says while
• 20:50
  they're married. I'm making this a net there on
• 20:53
  to me. But it's only going to be khal
• 20:55
  after the husband dies. So she said it while they were
• 20:59
  married. So even though it's not khal
• 21:01
  yet, the nether is still in the air.
• 21:03
  It's hovering, waiting to land. We're waiting to be Khal.
• 21:07
  But it was said already while they were married.
• 21:09
  So that husband has full jurisdiction to do the hafar and
• 21:13
  hare zamufar. So if he does hafar, it works.
• 21:17
  And it's because they were married when it happened.
• 21:19
  Now I think we're going to see the opposite now in Lamadhe hai
• 21:22
  haita al mana bishta neda. Now when she made the nether in
• 21:27
  this case, she was already, she was a widow already, you know,
• 21:32
  Mufar alpha pisha niset kodem shiahu.
• 21:35
  So let's say she makes a nether when she's single and she wants
• 21:41
  it to be called after she gets married.
• 21:43
  But she made the nether when she was single, when she was an
• 21:46
  Almana. So when she gets married it's
• 21:49
  too late because when she gets married he can no longer do
• 21:54
  because at the time when she made the nether she was an
• 21:57
  almana that she wasn't tied to the husband.
• 21:59
  So the husband only has jurisdiction to do it if it's at
• 22:03
  the same time when she makes a nether.
• 22:05
  So even though she gets married, it doesn't help because it was
• 22:09
  already even. And even if it's not called
• 22:10
  until after they get married, doesn't matter he cannot do it
• 22:13
  because the nether was made when it what he wasn't the husband.
• 22:18
  So Lohshana Amra doesn't matter if she says Kuna malayala
• 22:21
  Akharshala shimyam Venice in time, that's only going to be
• 22:24
  called after 30 days. And within those 30 days they
• 22:26
  get married. It doesn't matter if she says
• 22:30
  I'm going to make this nether and it's only going to be called
• 22:32
  after I got married because when she made the nether, they
• 22:36
  weren't married. So he'll he'll never be able to
• 22:38
  do a farm. So too if they were engaged,
• 22:44
  still doesn't help when they she made the nether, because when
• 22:47
  they she made the nether she wasn't married still she was
• 22:51
  only Arusa, Khala, Neda, Akasha. And you say though even if it's
• 22:54
  Khala after they're married doesn't matter.
• 22:57
  You know you can't do it because he has to be the full husband of
• 23:01
  Nasuin when she makes the nether, otherwise she he husband
• 23:06
  never has jurisdiction.