Latest / SHULCHAN ARUCH YOMI: Own the Halacha in 25 minutes a day! / Yoreh De’ah 228:21-25. Vows: Hataras Nedarim: Permitting Public Vows

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Yoreh De’ah 228:21-25. Vows: Hataras Nedarim: Permitting Public Vows · SHULCHAN ARUCH YOMI: Own the Halacha in 25 minutes a day!

• 0:00
  Hilkos Nadar, good morning. Rirkov, Rishikov, Khet, Seif,
• 0:04
  Kaf, Olive, Nader, Nader, Shaldas.
• 0:08
  Robin person mixing there and it's with the consent.
• 0:12
  Well, it's done in front of the Robin and it's done specifically
• 0:16
  with the Robin's and you have to get it's on their dos.
• 0:22
  You have to get their permission.
• 0:24
  And it's you're relying on their DOS.
• 0:26
  If in order to undo this type of another, you have to get their
• 0:29
  permission. So then a Lo Hatara below the
• 0:31
  atom, you can't do Atara. Now you still need you still
• 0:34
  need to have Atara Sadar and with Hakamar based in the Maisa,
• 0:39
  but it has to be done. It can't be done without their
• 0:42
  Pascama. They have to agree to it because
• 0:44
  the whole Neder was done relying on their with their permission,
• 0:51
  right? That's the definition of the
• 0:53
  general. Then.
• 0:54
  Then it depends what the situation is, but that's the
• 0:57
  general definition of Neder Schaldas Robin, the no, the
• 1:02
  shock points out in order to do a tar, you need everyone's
• 1:04
  permission, the whole kahal, not just the majority.
• 1:08
  That's not good enough. But he points out that if you
• 1:12
  had in mind when you made the nether and you said, I'll ask
• 1:15
  Robin, you had in mind that just Rd. just majority was good
• 1:19
  enough for you for them to agree in order to undo it.
• 1:22
  So he says that works if you tell us that and we trust you.
• 1:26
  And for this it's and he says as long as he's a Talmud Khakam,
• 1:31
  he's trustworthy. And many of us can be considered
• 1:35
  a Talmud khakam for this because it just means you have to be on
• 1:42
  some level honest and understand what you're saying and what's
• 1:45
  going on. And that's enough.
• 1:47
  You don't have to be a special Talmud hakam, even though we did
• 1:50
  say by other halacha that in Halchos Nadarian that it
• 1:53
  nowadays we don't, we're not, No one's considered a Talmud hakam
• 1:57
  or everyone's in Alma Rs that you need to do Ataris Nadarian
• 2:00
  for such a person. So that's only a special din,
• 2:04
  Miuchar Hakomra, where we say that no one's a Talmud hakam
• 2:07
  nowadays. You're right.
• 2:08
  We're going to see it coming up later in Sholkanarek many times.
• 2:12
  Of course, we have Telemini kakami nowadays, but it depends
• 2:17
  on that, that expression or that din.
• 2:22
  We don't have a Talbot kakam, we're all on Mars.
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  That's only a special application or a special din or
• 2:29
  qualification just for that halacha that we everyone needs
• 2:32
  to do with Taras nadaram nowadays.
• 2:34
  OK, but nowadays we still do have A and in particular for the
• 2:39
  salafa that we can trust, we can trust you that you had a mine
• 2:42
  role. OK, let's keep going.
• 2:44
  Hagar Vyesh Mahamiri and Samara Mahmoud Dahfigo Imdaiytan E
• 2:50
  Mahatos virus. Shoot that.
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  Even if you get the cajal's permission, you still should not
• 2:58
  do it if it's for a personal gain, a personal purpose, the
• 3:01
  Hein nachl Nachmer. And so it is good to be mahmir
• 3:05
  la khatkhila. However, ella inkayn yesh
• 3:09
  mitzvah the hatar to unless there is a mitzvah involved, and
• 3:14
  then they can do hatara. The basin can do hatara even
• 3:20
  without their permission. Again, it's better to get
• 3:25
  permission and it's better to to be Mahmir to only do it for its
• 3:30
  bar mitzvah. But the Ikar Aloka and the Shah
• 3:34
  points out that MI Karadin, you don't doesn't have to be even
• 3:38
  for Dwara Shute really, the basin can do it.
• 3:41
  So if a basin does it, you don't get on their case and badmouth
• 3:46
  that basin because that really is the appropriate thing to do,
• 3:51
  right? Every case.
• 3:52
  The Finiano OK, is there any macros with children or mom?
• 3:56
  The father here you will. Yeah, he because according to
• 4:02
  the show of Hanarath, you could do it like hila for a devar
• 4:07
  mitzvah. For devar mitzvah, you can do it
• 4:09
  like hila if you have their permission and what and right,
• 4:21
  with or without their permission, you can do it for a
• 4:25
  dvar mitzvah and for a dvar Rashut and Mahara says you could
• 4:30
  do it like khela with their permission.
• 4:34
  According to the Rama, you should, according to this humra,
• 4:37
  you should never do it. That's the Rama's humra.
• 4:43
  But that's only a din la Khela. Even in the Rama there's they
• 4:46
  don't really argue. The Rama's just giving you a
• 4:49
  humra, but he himself agrees with the Shah Khema.
• 4:53
  OK, OK, Hagar me shanishva shaloh yukanis haviro libeto.
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  Now a person makes a shua that that his friend should not enter
• 5:05
  his house, right? He can make a shua on his friend
• 5:08
  with his own possessions. The yesh bait, the Knesset, the
• 5:12
  bait of our mitzvah. And then it turns out that they
• 5:15
  started a minion in his house. So they made a bait Knesset in
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  his house, so that is called a dvar mitzvah.
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  Umatirin lo shievo cavaro lit Palo Barabin.
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  So you let him come Dave in there.
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  The shock says that even if there's no minion, it's better
• 5:29
  to dive in in this person's bait Knesset, because it's better to
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  dive in a bait Knesset than your own house.
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  Even if you're going to be without a minion.
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  The Fein Las of Shalom and ishto, or to make peace between
• 5:43
  a man and wife. Of course it's the Dvar mitzvah,
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  as the shock points out, but we all know to to break any
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  Mahlokas is is it our mitzvah O Mishum Sergey Robin or any
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  Sergey Robin is also mikrey dovar mitzvah lahater bishvilam.
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  That's in order to undo this nether nether Shahudar al das
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  Robin to write in order to break another Shahudar al das Robin
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  the thing but Sarah Parnassetto for a person's parnassa that's
• 6:17
  also considered the bar mitzvah, the IME otan harabim omri
• 6:21
  shalola hatirolo. I feel that Sarah mitzvah aim
• 6:25
  material. But if the rabim is specific
• 6:32
  yeah, I read that Vadavka ME actual kaima mitzvah below
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  Atarasanada. OK, thank you.
• 6:40
  Now obviously, or I don't know obviously, but the IT needs to
• 6:45
  be done. You're you're only going to
• 6:47
  Hatara Sandarium if there's no other way to be Makayam this
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  mitzvah, this Pernasa, whatever the case is.
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  So then then, because if there's no reason, then it just stop.
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  You're just undoing A Hatara. If you didn't need two of the EM
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  Otuna, Rabbi Mormi and Shalola Aatiolo.
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  I feel that Sarah Mitzvah and if the Rabin Sununov that they
• 7:09
  specifically say not to be Matihim even with Sarah Mitzvah.
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  So then so then we don't me Shanisha Shalola ha, not me Aviv
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  or Mitzvah or mitzvah. Now a person says that he's not
• 7:25
  going to get benefit from his father and then he has actually
• 7:30
  not me Aviv, then he has karata that's also called a dovar
• 7:36
  mitzvah between a son and his father.
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  I believe in either direction and therefore umatirimo.
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  And then so then so that's another example where you do at
• 7:45
  Tara Sundarian for them the A&E crime, robbing the Pachas
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  Michelosha, you never have a three unless you have at least
• 7:53
  three people, right? You have to have at least three
• 7:55
  in order to be called Aldas Rabin General.
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  And in general for any case of Rabin Ukagon and such as Shifrat
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  Ottam, Aldas Paloni, Uploni, Uploni.
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  Now in order to be called called Aldas Rabin, this is the opinion
• 8:12
  of the Sholkhanara. In order to be called Aldas
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  Rabin, you can't just say Aldas Rabin period.
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  You have to say the names of the three people that you're be
• 8:22
  that's or more, but at least three people or more.
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  You have to specify who you're talking about, about him,
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  Olmerstam, Abdasrabi, Meisha, atara.
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  But if you just say the words, I'm making this another
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  Abdasrabi, you didn't do anything and therefore you do
• 8:38
  Atara, just like always. You don't need to get permission
• 8:40
  from anybody. You don't have to tell anybody.
• 8:42
  Obviously, if there's in a case of Khashad and all that, so then
• 8:46
  fine. So you do have to tell tell the
• 8:48
  Robin, tell at least three people, but if there's no issue,
• 8:51
  but as far as getting their agreement, you don't need now
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  that on that on that point the here, let's keep reading and
• 8:59
  then we'll see the Yeesh Almirim.
• 9:02
  Now some say that she another befine schlossa a few lo parat
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  otam. And then you quote Ciesha omrin
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  that if you say another in front of three people, but and you
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  don't specify a few lo parat otam Allah Amar Sam al dasramim
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  instead of in front of these three people, you said al das
• 9:22
  rabim al lo hatara. So then you can't do Hatara
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  without their permission. Demistama al das otamrabbing
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  omdim lafanov ka Amar. Because then we assume the fact
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  that you said Al Das robbing in front of three people, then you
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  had in mind in front of them. And that's the Yeh Shomim
• 9:42
  opinion Second, not Ikar opinion according to the Shah Khanar,
• 9:47
  but the the Shah and the Grah. See, most of the Rishonim
• 9:52
  actually argue, and one should be Mahmir Lakhatkhila, that if
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  you say some, you say you just say the words Aldas Robin
• 10:01
  without specifying who they are. Then you should, you should get
• 10:05
  it. You should do a Taras Nadarin or
• 10:07
  you need to do a Taras Nadarin, at least a Hafeel Paga.
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  What do you mean? If no, no, I'm sorry.
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  You have to get their permission.
• 10:16
  That's what I meant to say, Correct.
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  Of course you have to do a Taras Nadarin.
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  That's what you're talking about.
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  If you do it in front of three people and you say Aldas, Robin
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  and but you don't specify their names.
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  So then according to the Shah and Taz you Shah and the Gras,
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  you should definitely get their permission.
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  Those three, those three, OK, yes, If they're not there, if
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  there's nobody, no, if there's no one in the room and you see
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  how Das Ravi I I'm assume it could be everyone says that it
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  could be that they're they're only Mahmir if the three of them
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  are in front of them. That's what I believe.
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  Not 100%. The Who Haddin in Nish bastam.
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  If a person makes a Shiva, Stam the Adanu almi miskavin.
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  If a person says it makes a Shiva and we know who he is
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  referring to, go on. Shanishpa al das kahal oshama
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  Shanishpa al das shlosha rabbani hair the Ain sham, the anciham
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  Ala shlosha rabbanim should provide the allu nitkavin mikre
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  adas rabin. If he says, if he says Aldas
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  Rabin or Aldas Kahal or Aldas 3 rabbis, the three rabbis of the
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  city and there are only three rabbis in the city, there's any
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  case where you know who he was referring to.
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  It's clear to us which he doesn't have to specify their
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  name. If we know who he's referring
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  to, then then that's the same as specifying their name.
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  Yeesh, Omrim. Now some say arba shanishbu U
• 12:03
  yahad Las adavar ekhad, if you have 4 people and they're all
• 12:08
  making the same shivua, right? They'll have the same kavana for
• 12:13
  the same purpose to say at the same, let's say it Mikre
• 12:16
  Adasrabin. And they that's called
• 12:18
  Adasrabin. They're called Ekhad Nishba with
• 12:21
  Shloshak Kabarev, the AL Dasan Nishba.
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  If each person of the four they go to, they say it in front of a
• 12:29
  basin, in front of three people, sorry, in front of three people
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  and they say it's Aldas Robin. So then that has, even without
• 12:41
  saying those words, the fact that all three of them are doing
• 12:44
  it to four of them having it, they're all making the same
• 12:48
  Shiva with the same kavana, but to three people that has a din
• 12:52
  of Aldas rabin. And then you're going to have to
• 12:55
  get their permission to on to undo it.
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  Yesh omrim, the neder Aldas rabin, Shahitiru bidi Evid.
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  Shahitiru bidi Evid. Hutar.
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  Some say if you make a neder right, Some say if you did make
• 13:15
  a neder Aldas Rabin. So we said you're not supposed
• 13:19
  to be do Hataras Nadarian without their permission.
• 13:23
  But what if you did it without their permission?
• 13:26
  So then with the avid hutar, the Elis Mahaza, King Bishatat Khak
• 13:31
  Vedawar. So it's a if it's half their
• 13:36
  Hataras Nadarian because you did it against the will, but the
• 13:40
  base did the Hataras Nadarian. Does that override their the the
• 13:46
  the need of getting there Haskama?
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  Is it a din la khatila or a din bin yevet?
• 13:50
  So it's a mahogus and he says 1 can rely on it be shot attack
• 13:55
  and right if there's a need. OK OK fine let's keep going.
• 14:03
  IM Nishba Aldas Ravi medavar Sheshba and nidnu davera Mozilla
• 14:09
  hachiola below datan que aim das Ravi muscam and Medavar sheshba
• 14:14
  avera anytime we need you to do Ataris nadarim because we're
• 14:19
  afraid if we keep this, this neder in place or Shavua,
• 14:22
  whatever we're talking about, it's going to cause the person
• 14:25
  to do an avera. All right, or it's a lashtical
• 14:28
  avera. What's going on to be to, to
• 14:30
  keep it. So then we assume we don't.
• 14:34
  The basin doesn't even need to ask the rabin.
• 14:37
  We just assume that nobody wants anyone to do an avera.
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  So therefore we do it without asking.
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  They do a Tara and it works. Misha nishba shalolasadavarponi,
• 14:47
  Kim bershuchlosha anashim nakuvim.
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  A person makes a Shiva that he's not going to do anything unless
• 14:53
  he gets permission from these three people.
• 14:57
  And you mentioned who they are, Bishmutam lomi kreyadas rabin,
• 15:01
  the other rabba eluha rabin, the naka lahaka.
• 15:08
  So I think it's intuitive. That makes a lot of sense,
• 15:13
  although it might be hard to explain any time.
• 15:17
  If you specify that you're going to do something but you're going
• 15:21
  to get these, but you what's it called or not to do something
• 15:27
  and you as long as you get the permission of these three people
• 15:30
  to do it, then you're allowed to.
• 15:32
  So this is a case of any case, you make a Tanai in something,
• 15:36
  you say not to do something, but on the Tanai, any Tanai, you're
• 15:40
  makayam, the tanai over here. If you get these three
• 15:43
  permission, it's not an issue of Atara.
• 15:47
  You only have to do Ataras Nadarim if you want to undo
• 15:52
  another here, The example that we're giving over here, you're
• 15:55
  not undoing the Nether. The Tanai in the Nether itself
• 15:59
  was. If you get their permission,
• 16:01
  then it's OK. So you don't need to do atara,
• 16:04
  you just need to get their permission, and that is part of
• 16:07
  the tanaya of your nether. There's no reason whatsoever to
• 16:10
  undo your nether altogether. The Tanaya itself undoes it.
• 16:14
  I hope that was clear, but OK. Cuff bed neder shenadar miatsmo
• 16:22
  adas ekhad O adash 9 yeshu atara afilu beloda.
• 16:27
  If a person makes a nether on his own or on the dos of one
• 16:31
  person or in dos of two, you're allowed to do a Taras and Darian
• 16:35
  even without their permission. Yeah, So this has to be a case
• 16:45
  where it wasn't the case that we had yesterday was when you
• 16:51
  basically did it. There was a tova involved, the
• 16:56
  guy did a favor for you and it's kind of like built in and
• 17:00
  understood conditional. I'm doing this for a favor
• 17:04
  because you're giving me this shavua here.
• 17:07
  You just say I'm doing this for you.
• 17:10
  I'm making this nether for you. Sorry.
• 17:12
  So then it's not you don't need their eskoma.
• 17:15
  It'd be nice. Maybe it's helping them, but
• 17:18
  it's you don't need their permission.
• 17:20
  It's the only time you need their permission is if maybe if
• 17:24
  you specified to be like, I can't undo this without your
• 17:28
  permission. So then maybe maybe you need
• 17:31
  their permission. But when we had the other
• 17:35
  previous day when we we, you need their permission on an
• 17:38
  individual level, that's because it was tied to something that
• 17:41
  they did for you. They wouldn't have done it for
• 17:43
  you otherwise, or perhaps they wouldn't have.
• 17:46
  So that's what made it more binding.
• 17:48
  OK, I got me who Nishba or Nadar Aldas Hamakom?
• 17:54
  Do you know Kanadar Shaldas Robin person who makes this
• 17:56
  Shiva and he says it's on das Hamakom on a Kurdish barku.
• 18:01
  But it says if you'd said it Aldas, use the words Aldas
• 18:05
  Robin. The yesh may kill him in Nishva
• 18:08
  and one could be Makil if he made a Shiva to do something
• 18:14
  with the virus. Shoot.
• 18:17
  So the the if it you make a shibuya to do something that's
• 18:20
  optional, even if you say al das hamakam, then you could do
• 18:25
  atara. You don't need, you don't have
• 18:27
  to get permission from the rabian.
• 18:29
  But if it's to do a mitzvah, then you do.
• 18:32
  That's more binding. The kurish bark.
• 18:33
  Who cares more about the doing the mitzvah?
• 18:36
  I don't know. OK, let's go on kafkilmo.
• 18:42
  Let's see neder Shahudar Bharabhim Yeshua atara niakhar
• 18:47
  shalo Amar al Dassam. OK, the fact that you make a
• 18:51
  neder bharabhim is not enough to to make a binding that you need
• 18:55
  there Aslam. If you make a public Ned there,
• 18:58
  you don't need their permission. You might have to publicize it
• 19:02
  and or you do have to publicize it.
• 19:04
  You do and or say there's no shod that you're you're being
• 19:08
  over, but you don't you don't need their permission.
• 19:11
  Just like you did it Barabin. You have to notify them barabin
• 19:15
  that you undid it, that you did at Taras Nadarin.
• 19:18
  But you don't have you don't need their permission, OK.
• 19:21
  It's only when you say Aldas Rabin OK, Kavdali BA al Mayfair
• 19:28
  neder shenadra ishta adas rabin vafilu odvar harishit.
• 19:33
  OK, so now we're going to get into this more later.
• 19:36
  There's a concept of a husband being Mayfair.
• 19:39
  He basically severs. It's not really MI Ikara, he
• 19:44
  just breaks and stops the neder exactly where it is.
• 19:49
  So if his wife makes a neder, I'll das Robin.
• 19:52
  In other words, whatever he has, it doesn't really matter what
• 19:56
  her das was. It was das herself das the Robin
• 20:00
  she would remember shows it doesn't really matter.
• 20:02
  He has the power just to break and sever, and to Hafara on any
• 20:07
  on any neder that she makes, it doesn't really matter.
• 20:11
  OK, he it's always in his jurisdiction and her das can't
• 20:16
  take that away. OK, hey, we'll do one more
• 20:21
  Nadarin Robin. Now, if the Seaboard makes a
• 20:29
  neder or a Heron that's not called, doesn't have the same
• 20:33
  power of Aldas Robin, it's very powerful, but it doesn't have
• 20:37
  that same condition that now you need all their permission.
• 20:39
  Alpha picha amru al das Makkom, even though they said al das
• 20:42
  Makkom it doesn't matter or al das al Kahal, it doesn't matter
• 20:46
  because they're the ones that seaborg this, this entity,
• 20:51
  they're the ones who made this Ned there.
• 20:54
  And so they're 2. So so too they can undo it.
• 20:57
  The Ishalam Hatara belopeta vaharata, it's in their KOA and
• 21:02
  on their das and on their tonight there it's it was all
• 21:06
  done on how they want to do it and what's convenient for them
• 21:11
  or what's appropriate for them. They're not there's no they can
• 21:15
  break it and there's no issue of kharata, PETA, because he he's
• 21:20
  not the one who did it and they don't need kharata.
• 21:23
  They have the power to levy this neder or Kharem and they have
• 21:27
  the power to just remove it. And with all kinds of tonight or
• 21:32
  all kinds of details or midway, you'll see.
• 21:35
  Exactly. So you don't need one or three
• 21:41
  Hedyotos. It's just as it's just as the
• 21:47
  gadarium or the category of being like a zera or a nidoy
• 21:52
  that Akomi Shiagvar Al Jazeera Tam that anyone who violates
• 21:56
  their gazeera, it applies. It's like zera and they put a
• 22:02
  nidui on it. OK, no dream of Materiheim to
• 22:06
  Aslam and therefore they have complete control.
• 22:09
  And it was it was done on their dos and therefore their dos.
• 22:13
  This, this basin or the seaboard can be matiyat on their own,
• 22:18
  however they like. Hug up.
• 22:20
  I feel he's killed Shibuya Maharan.
• 22:22
  Even if they made a Shibuya with Daharan because the it's it's
• 22:27
  all based on the level of what they had in mind was and they
• 22:31
  had in mind to have power. OK, but if they made a snide but
• 22:39
  that they can't undo it or shamro adasa kilos arjoko So
• 22:43
  they said we can't undo it unless other kihilos far away
• 22:47
  also agreed to abolish their harem or whatever 0 bahenimos
• 22:52
  seafood baharam al menagamar ishon or they added to their
• 22:55
  harem on the original harem can gone hatra.
• 22:58
  Oh, they added about making shofars or nodos nefuchim or the
• 23:02
  blown balloons or kiboi or whatever's a kiboi neros or it
• 23:07
  has to be done with extinguishing candles or Kyoto,
• 23:11
  any kind of tecas, whatever it is Gallo adaiteo de la Hochner
• 23:16
  of Bao. So we see they came to be mahmir
• 23:18
  on themselves. Veno NI Turkish are a karamas.
• 23:21
  They can't be easily nitar like other Karamas LA they shayla
• 23:25
  unless they do a proper shayla based on their tanaya.
• 23:29
  The EM hukram alhudar al das rabin a lo atarna they did a
• 23:36
  neither al das Robin. So then there's no way to So
• 23:38
  then there's no atara right? If they specify al das Robin,
• 23:44
  then there is no way to undo it unless they get everyone's to
• 23:48
  agree and some say even if they were mefarish with that you
• 23:59
  can't do atara. I feel that there can't be
• 24:01
  atara. I feel a hockey, you know, some
• 24:03
  say you still could do Hazara, you can still be closer and do
• 24:06
  atara and such as you do it. The E Mehrimu Shalola hatiro
• 24:10
  matirin harem Akron tehila. If they made it zera and then
• 24:14
  they made another harem on top of that, not to undo the zera.
• 24:18
  So then first do atara on the harem and then go so that you
• 24:22
  don't get a harem by undoing it. And then you can undo the the
• 24:25
  first zero the like if you made a theorem on top of a Heron.