Latest / SHULCHAN ARUCH YOMI: Own the Halacha in 25 minutes a day! / Yoreh De’ah 212:1-213:3. Vows: On the Torah, an Action, or a Limb; or To Do a Mitzvah

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Yoreh De’ah 212:1-213:3. Vows: On the Torah, an Action, or a Limb; or To Do a Mitzvah · SHULCHAN ARUCH YOMI: Own the Halacha in 25 minutes a day!

• 0:00
  OK we are starting today. You're adea reish yur bet
• 0:04
  Nadaram Dean had no der batara. OK so now someone wants to make
• 0:10
  a Nader on a safer Tara. Olive had no der batara.
• 0:15
  Person makes a Nader and he says anatara kegon shamar pirot alu
• 0:23
  alai khizo. These fruits are to me it means
• 0:27
  it's going to be ushered to him like this and he's pointing to a
• 0:31
  safer Tara. He's not holding it, he's
• 0:34
  pointing to it. Lo Amar kung.
• 0:37
  The halacha is it's really from the the Braisa and Darian and
• 0:41
  the Dalit, I believe. So there it says he didn't say
• 0:46
  anything. In other words, there's no Ned
• 0:48
  there. Now, how is this understood?
• 0:51
  I'll just to give a tiny bit of background.
• 0:53
  This is a brysa and it's a mahogas rishonim.
• 0:57
  What it's referring to the Rambam and Shokanar.
• 1:00
  If Baskin is talking about making a neder and the Ron and
• 1:05
  others says it's talking about making a shirvua, it's like
• 1:09
  you're making a shirvu on a saifertara that you're going to
• 1:13
  do something or not do something.
• 1:15
  That's what it's talking about. Anyways, basically the minds, I
• 1:19
  believe it, it applies to both or applies over here in Helkos
• 1:23
  Nadaram, the shalkar brings in the shalkar will bring it again
• 1:27
  in hell at the end of Nadaram where it turns into Helkos
• 1:30
  Shabbos. So we'll see it in both places.
• 1:33
  We'll focus on the neder aspect today.
• 1:36
  We'll start now. So basically the Laka is if a
• 1:38
  person makes a neder now that Ramosha was was great.
• 1:43
  You pointed out the the concept of Nikita Heifetz is referring
• 1:47
  to a seifertara or I believe it refers to to fill in as well,
• 1:50
  but that we will get to later for later.
• 1:53
  That's when when is making a Shirua?
• 1:55
  That's not what we're talking about over here.
• 1:57
  OK, it's all a little bit related here.
• 1:59
  We're talking about a person makes a nether.
• 2:02
  He's Oserine payroll to Alu using a seifertara in front of
• 2:07
  him. Well, we'll get to holding it
• 2:08
  later. So the halacha is it doesn't
• 2:10
  have any, it's not binding at all.
• 2:12
  Why, because you didn't it wasn't on a safer tar is not a
• 2:20
  carbon and stom das of a person. We assume when he says when he
• 2:27
  looks at a safer tar and he says he's making a safer tar on it,
• 2:30
  he's primarily referring to the parchment.
• 2:34
  That's the part that you can you know, you kind of like lift up
• 2:38
  the you know, the yard or or the parchment.
• 2:40
  Really, the parchment is what is what we assume he's referring
• 2:43
  to, not the letters or the concepts or the shameless.
• 2:48
  Really it's not referring to that the you know, let me finish
• 2:52
  reading and then you will further understand.
• 2:55
  But the the point is over here, it's because he's having
• 2:58
  Kavanaugh on the parchment, OK. And that's why it's has no
• 3:04
  validity. The Maharashtra just says he's
• 3:07
  not referring to the margins, the blank spaces, because that's
• 3:12
  a Mahacus if it has intrinsic Kedusha.
• 3:15
  That's just the point from the Maharashtra.
• 3:18
  But anyways, we're talking about the gaveling and as long as
• 3:24
  they're written, he writes the Kasiva's there.
• 3:27
  It's has a, it's true, it gets a kedusha and when it's all array,
• 3:33
  if it would all has to show them all be erased, then he writes
• 3:37
  the kedusha would would disappear anyway.
• 3:40
  So the the safer the gavel itself is the parchment is not a
• 3:45
  dove or Han nidar. But let me keep let me keep
• 3:48
  reading and we will explain a bit more vein.
• 3:52
  Sorry, Katara in who told me now Talmud Kakum knows the
• 3:56
  difference between vilim and and and and shameless or carbonos
• 4:04
  and what's inside. And again, we're not so worried
• 4:08
  about him making making light of nadarim.
• 4:12
  So he doesn't need atara about IM who AMA arts.
• 4:15
  But if it's not AMA arts who does this?
• 4:17
  Sorry Katara. He needs to we we tell him it's
• 4:20
  asar. It's because now there is Khal
• 4:23
  until he does in ataris nadarim today shalloy in hagu Carlos
• 4:27
  Roche benadarim. So they did not have khalis rosh
• 4:30
  benadarim and treat it lightly. The IM Nadar by Masha Kasuba
• 4:35
  Asar, if he makes a neder on what is written inside the
• 4:40
  seifertara, if he says you know Kikarzeh peros alu the user to
• 4:46
  me like Masha Kasubatara that is called Bikashare Kasuba Isa and
• 4:53
  the and the words of the Rambam it says it also says Isaar
• 4:57
  Veneder. Now really what I want to just
• 5:00
  point out is if you look in and the Gras, the GRA others point
• 5:03
  this out, really the Gumaras don't say the word esarvaneder.
• 5:08
  They say shameless Hashem, that's the babli Nadaram and
• 5:12
  Ushalmi says carbonos and let's say it reversed it, whatever.
• 5:16
  Yeah, Nadaram is has Carlos Hashem and Ushalmi mentions
• 5:21
  carbonos. So anyway, so that's what it's
• 5:24
  referring to when you say masha kasuba, because those are things
• 5:28
  that are like a carbon. In order to make hag dish, we
• 5:31
  learned it has to be matpis, it has to be on something else
• 5:37
  that's that's appropriate. That's something else that's
• 5:40
  like a korban or like hectish. So it has to be or the shameless
• 5:44
  of Hashem or the korbanos. Perhaps I'll just explain it in
• 5:50
  the Sholkhanar Khanarambam. Perhaps when they said isar
• 5:53
  neder, it's referring it's midin yados.
• 5:56
  Of course the the Shah points out on kosher Kane, if you were
• 5:58
  to say not just Mashika Subatara, but I'm making a neder
• 6:03
  right on a cafe. It's on the letters, not on the
• 6:06
  shameless of Hashem or on the the carbonos, perhaps the
• 6:11
  letters themselves. But that's not just raising that
• 6:14
  as a possibility. But the icar das, the shot from
• 6:19
  the from the both the Hazel are hascaros and carbonos, right?
• 6:24
  So all the letters also have kedusha.
• 6:27
  So that's why perhaps that's not the prime example, like when a
• 6:31
  person has in mind and he makes a nether a masha kasi batara, we
• 6:34
  assume he's referring to the things that people normally make
• 6:38
  a nether on, which is carbonas or ascaro seshem.
• 6:42
  But right, that's why I'm assuming if you specify the
• 6:47
  Siva, it would also be Chao. I know, but it's a it's a Dover
• 6:51
  hectish, just like Sheamus Hashem.
• 6:54
  You're not you don't bring the Sheamus Hashem as a carbon.
• 6:57
  All right, we learned you can also be a Dover hectic of a
• 7:01
  calic from the base of Migdash. That also is called doesn't have
• 7:05
  to be a carbon. It could be any diversal hectic.
• 7:06
  Well, let's go on. Even other about the Masha
• 7:09
  Kasuba assertiary Kasuba Isa not La Biado.
• 7:14
  Now if you're holding the safer Taravanadarba and then you make
• 7:17
  another while you're holding it, I believe it's Sarah Kashilkhan
• 7:20
  says even if you're holding it and it's on a table, but
• 7:24
  whatever, if you put your hand on it.
• 7:27
  So that's perhaps the same halacha.
• 7:30
  I'm not sure if it's someone hocus, but certainly if you're
• 7:33
  holding it, Kimi shinadar bamasha kasuba dami.
• 7:37
  So then it's as if you said Bamasha Kasuba, because OK,
• 7:43
  that's that's what the hazal consider your stamdas.
• 7:47
  OK aval. Now this is what I referenced to
• 7:50
  before, but we'll save it for later.
• 7:51
  The Hagarama writes of a hanishba batara.
• 7:55
  If you're going to make a shivua, a lotion of a shivua on
• 7:58
  the Torah, the whole inyan. Sorry katara.
• 8:02
  So you need to do atara nadarian.
• 8:04
  But let's wait till we get to Reish and hopefully we'll
• 8:08
  explain in detail and how that Brisa fits for Shiva, for
• 8:13
  Shiva's. OK, let's go to.
• 8:16
  I think that helped. I think that sums it up.
• 8:20
  Yeah. OK.
• 8:21
  The safer Tara. Also, some want to say that
• 8:23
  gavilium they are. It's intrinsically it might be
• 8:28
  considered a Dover. It's not really a Dover a nadwur
• 8:32
  either. The gavilium, the parchment
• 8:34
  itself, either because it becomes a Dover isser because of
• 8:38
  the letters, or it's just it's just it's never hectician, it's
• 8:44
  never carbon. OK, we kind of said that just to
• 8:47
  find to a couple of different ways to understand subtle
• 8:52
  differences. OK, Simon Reish Yurt Gemmel
• 8:56
  Shaina Nadaram Khali, Moldova. Shame.
• 8:59
  In order for an Eder to be called again, an Eder is on a
• 9:02
  Heifetz. In order for it to be called on
• 9:04
  a Heifetz, that Heifetz has to exist.
• 9:07
  Aleph Nadari main Khalid over. Shame on Mamish.
• 9:10
  Nadari are never they're never binding, they never apply, they
• 9:15
  never begin. If they are on something that
• 9:19
  has no mamashes, there's no physical reality there.
• 9:21
  It's nothing there. Keitzar.
• 9:23
  Let's give an example. Amar konam sheni medaber
• 9:28
  imhasheni OSA lakasheni mahalek lakasheni yashani.
• 9:33
  IMA person makes a nether and he makes it with a lotion, or he's
• 9:38
  trying to make a nether and he uses a lotion of a Corbin.
• 9:41
  Like I'm with the power of a Corbin.
• 9:43
  Like a Corbin I am ossering myself from speaking to you,
• 9:47
  from doing something for you, for walking, to you, sleeping
• 9:53
  with you ain't no nether. It is not another.
• 9:57
  Because these are always shown us of actions.
• 10:00
  So these really should be discussed in helkos chavous.
• 10:05
  But for helkos Nadarim, it's a non starter Vahrain imamar
• 10:10
  diburi vasyati valikhati asurim Allah.
• 10:14
  And if he says my speech, my doing my my actions, whatever my
• 10:18
  walking is ussered on to you Vishina Asura ally and sleeping
• 10:24
  is ussered on to me a no another.
• 10:26
  It's not another because it's these are all action words, verb
• 10:31
  words. There's no, there's no, there's
• 10:35
  no Hafiz involved. Oh, me who Midraban and sorry,
• 10:40
  Shayla, because all said, if a person's going to make a Ned
• 10:43
  there like this, so Midraban and he must do Nataris Nedai.
• 10:48
  We do we look for a pet to undo it.
• 10:57
  Correct. I believe this is This is not as
• 10:59
  far as I know, it has nothing to do with Tom Mcclammar.
• 11:02
  This is for everyone. It's a din that if that is if
• 11:06
  you make another in this Lushan, mixing up the objects is one
• 11:11
  thing, but this is using a nether for a what should have
• 11:15
  been a Shibuya per SE, or for an action, the shock basically just
• 11:19
  a quick Hazara. And it matters to us if it's an
• 11:22
  if it's if you're doing a tarasundarium on a nether,
• 11:26
  that's Dera Bannon or Dar Isa, because do we make you wait to
• 11:30
  do a Tarasundarium? Do we wait?
• 11:32
  Do we make you wait the number of days if the person violated
• 11:36
  and for a number of days. So then we make him wait to do a
• 11:38
  Tarasundarium. Is there Kayami in those days?
• 11:41
  So that's enough Kamina fine Levika uve na osara Allah shamia
• 11:48
  Tefila's Shimon for Uve makes a says he's also himself from
• 11:54
  listening to the Tefila of Shimon.
• 11:57
  So that's not a proper Ned there.
• 12:00
  So it's not khal, but he's making a Ned there on an undoing
• 12:04
  on an action. So therefore it's sarik Sheila
• 12:08
  Miderabanan. You could do it immediately.
• 12:13
  One second. Where is this going?
• 12:16
  I am Amar konam P medaber IMA konam yadai osos laka konam
• 12:25
  raghlaim mahakos laka konam any beshena.
• 12:30
  So he's basically attaching to all of his actions.
• 12:35
  Now. He used the word carbon and now
• 12:37
  he did use a Heifetz that exists.
• 12:40
  He attached his mouth, he attached his hands, his legs to
• 12:44
  the action. So then it which all those
• 12:48
  things are Yezhbaum Amish have a Neder Gomer minatara.
• 12:52
  That's 100% Neder minatara. And because now you use a
• 12:57
  Heifetz, OK, so if you if you attach the action to a Heifetz,
• 13:05
  then it can be a proper Neder miderizer.
• 13:09
  The shock just points out when it comes to sleeping, that's if
• 13:13
  he specified for let's say one or two days.
• 13:16
  This comes up later on. It just says, but if you were to
• 13:19
  say Shane a stum, that would be forever.
• 13:21
  But then the since that's or even if you said three days,
• 13:24
  it's impossible. So then it's another shaft
• 13:27
  that's for later the kosher cane imar imar yasar alleka P de buri
• 13:34
  via Dai Siati. And so too, if a person uses a
• 13:42
  lotion of esser, right, that's another way to make a neder.
• 13:46
  And he attaches any one of his body, you know, parts of his
• 13:49
  body, limbs. So then it is ha haga poemer de
• 13:57
  Boer P alekha on a tilat Evan ally yesh omrim tahave neder ho
• 14:07
  I'll So here you're not really making the neder using the
• 14:16
  hephetz, but in your expression you the there is a hephetz in
• 14:22
  your sentence, in the expression of, as you said, the speech of
• 14:28
  my mouth. It's not really my mouth
• 14:31
  speaking to you. It's the speech.
• 14:33
  He made the Ned there on speech. But what kind of speech speech
• 14:37
  that comes out of a mouth. He made the Ned there on lifting
• 14:41
  something and but then he attached the word stone to it.
• 14:45
  So that is a yesh omrim. If that's because alpha Gov
• 14:50
  right? Even though speech and lifting
• 14:52
  is not mommish. But since you mentioned the word
• 14:56
  heifetz, it is khal. It's not.
• 14:59
  It's a difference between pia medavir and D word P.
• 15:03
  That's that's the difference. I I'm assuming it's a Mahlokis.
• 15:07
  I need to check. OK, all right, I'll give you
• 15:11
  homework. Sorry.
• 15:14
  Usually, right. So usually it means a second
• 15:16
  opinion, but not always. And OK, fine, thank you.
• 15:20
  So the grout points out, yes, it is a Mahlokis and the Ron does
• 15:22
  not hold of that. It's it's right.
• 15:25
  Since you didn't use the word PE, you just read the word D bor
• 15:28
  PE. It's not chal, so it's bet.
• 15:35
  Let's go on. OK, This is something that's
• 15:38
  very common. A person says I am going to read
• 15:42
  this Mishnah or I'm going to learn this perek.
• 15:46
  Whatever it is perek or whatever you're learning, it's a mitzvah.
• 15:50
  So then if a person says I'm going to do this mitzvah and
• 15:54
  that's all he says, he have a key illu nada latte Sidaka, it's
• 16:00
  as if he said I'm going to give Sidaka and we know it's Sidaka.
• 16:06
  As far as I know, I'll agree it's a jinda araisa of another.
• 16:10
  We saw that by Yaakov Avinou, a person makes a Nader.
• 16:14
  So this is a different category. Sidaka is the heifetz.
• 16:20
  So that's again the, the, the, so the foundation of
• 16:25
  understanding what a Ned there is, is there has to be a Heifetz
• 16:28
  involved and it has to be where you are making yourself
• 16:33
  responsible to fulfill your Ned there.
• 16:36
  So that's why if you bring the Corban, the Corban is the
• 16:39
  Heifetz. If you're bringing again, you
• 16:43
  don't necessarily have to choose the exact animal for it to be a
• 16:48
  Ned there, but it has to be haul on a Heifetz in general.
• 16:53
  As far as Sedaka, same thing. Fine.
• 16:59
  So learn to learning tower is a so any of our mitzvah, like
• 17:04
  learning tower is a what are you saying?
• 17:10
  It's not Sedaka, but it's under it's doing a mitzvah.
• 17:13
  So that connection of doing a mitzvah also is call as another.
• 17:21
  I am not sure if that's mider aisa or mider abana, but sedaka
• 17:26
  certainly there aisa and it could be mitzvah as well, not
• 17:30
  sure. And then Rama continues O Las
• 17:33
  ochara mitzvahs. If you say you're going to do
• 17:37
  any mitzvah, then it's a Ned there and it's khal.
• 17:41
  So make sure anytime you're going to say to go do a mitzvah,
• 17:45
  so you say a bli Ned there. I'll try, I'll do it be neder,
• 17:50
  but don't say I'm going to do a mitzvah because then it becomes
• 17:54
  a neder. I'll just point out, yeah, it's
• 17:57
  it's it is it? It's also in the old Surma
• 17:59
  farshim. It's probably a mahalocus if it
• 18:01
  would be dreister Abana. But he points out, say in this
• 18:04
  line of doing a doing a mishnah or learning something, whatever
• 18:08
  it is, it's doing the Dabur mitzvah.
• 18:10
  So in the bottom he points out that he uses the expression kilu
• 18:16
  nadar. So he wants to say on the
• 18:18
  bottom. According to the Sholkhanarak,
• 18:20
  it's probably not a Neder Midoraisa, and it might not even
• 18:26
  be a technical Neder. It might be a shvua, but the
• 18:31
  tour calls it a Neder Gamor anyway.
• 18:34
  Exactly. Had to be a magdaret.
• 18:36
  It's not 100% clear. Right.
• 18:38
  And if you look at the the Roche, she says love hainu neder
• 18:41
  gamor. Yeah.
• 18:42
  So again, is it deraisader Abana and is it a neder as a shivua?
• 18:46
  It's a little bit of a question, but bottom line, it is 100%
• 18:51
  binding lahalaka that we do see. Yeah.
• 18:55
  If you want to undo it, you need to do a taras nadaram.
• 18:57
  If you don't want to be a makaya in the mitzvah that you said
• 18:59
  you're going to do, you have to do an ataras nadaram.
• 19:02
  So that's important. There is a question if you could
• 19:04
  do an ataras nadarium on a shvua, but it seems but on
• 19:10
  sedaka too, you're not supposed to do atara when you promise to
• 19:15
  do a mitzvah or it's sedaka. Is it impossible?
• 19:19
  Maybe you'll let me know. You'll let me know before
• 19:21
  tomorrow, correct? Anytime you we that we learned
• 19:25
  in the beginning anytime it's to do a mitzvah, we said don't
• 19:29
  never make another even to give sidaka or to do a mitzvah that's
• 19:33
  highly recommended from Khazal. But if you do, that's not
• 19:37
  something you should try and undo.
• 19:39
  Is it possible or not? OK not 100% sure, maybe let us
• 19:45
  know. Fine guillemot Amar konam eni
• 19:50
  bishena eni konam eni bishena hayom EMI Shan Lamar.
• 19:58
  Oh, I guess my comment before about sleeping maybe belongs
• 20:01
  here. No, I'm Mark Konam ani vishena
• 20:04
  hayom ishan lamachar. I'm making a a carbon, a nether
• 20:10
  like a carbon from my eyes from sleeping today if I'm going to
• 20:14
  sleep tomorrow. So in other words, you make a a
• 20:17
  tanai in your nether and you're not sure if it's going to be
• 20:20
  hauled today or not based on what happens tomorrow.
• 20:23
  So then lo yishan hayom don't sleep today, shama yishka
• 20:28
  yishana Makar because you might end up sleeping tomorrow.
• 20:31
  And then that meant that means as of right now you made the net
• 20:34
  there not to sleep today. So that then you'd be violating
• 20:39
  your nether if you end up sleeping tomorrow.
• 20:41
  Avao imamark konameni vishina vishina lamakar in ishan hayom.
• 20:48
  But if you say no, I'm making a like a Corbin, I'm making a Ned
• 20:53
  there from using my eyes to sleep tomorrow if I sleep today.
• 20:59
  So then yeah, of course you could sleep today because today
• 21:02
  was optional. There's no answer the and we
• 21:09
  don't say maybe you're going to sleep today and then your nether
• 21:13
  is going to be called for tomorrow.
• 21:15
  And then maybe you're going to forget about your nether and
• 21:17
  you're going to sleep also tomorrow.
• 21:19
  That's like any nether. We don't say yeah, we we assume
• 21:25
  you're going to remember your nether and we don't also you
• 21:28
  from sleeping today because of what might happen tomorrow.