Latest / SHULCHAN ARUCH YOMI: Own the Halacha in 25 minutes a day! / Yoreh De’ah 228:39-45. Vows: Hataras Nedarim: Matan Torah, Extending Loans With an Oath or Conditions, “Shiduch” Etymology
Transcript
- 0:01OK, good morning. We are continuing nadarium
- 0:04Rashkhet si eve. OK, today we're starting with si
- 0:09EF la matette. But I just want to point out, we
- 0:12discussed last time regarding Matan Tara, we just had a parsha
- 0:16sistro. So regarding Matan Tara that we
- 0:19were all there when we accepted the Tara.
- 0:22So it was it's interesting to note that.
- 0:25So we asked how can we make a shuvu all the dorrot on unborn
- 0:31nashamas that are going to come in, you know, 100 years from
- 0:35now, 1000 years from now, how do we make a shavua on Nilodium?
- 0:40So that was the Arka shalkum pointed that out.
- 0:43So how does that work at Harsini?
- 0:45So just interesting to point out two thoughts.
- 0:48We gave a couple 22 main mahakim about the the shua of Hashem.
- 0:52I mean, we know that the rules about a shua, whether it's is in
- 0:57mankind, right? We can't be, we can't put a Shua
- 1:01on somebody else Ladaro. So obviously it's not Khal.
- 1:05So he answered based it said Sibuya Shamus Ashami or also the
- 1:10rules of engagement are a little bit differently because it's
- 1:12coming from a kaddish partho. But I would like to point out
- 1:17the tanhuma in parshas Netsavin, right?
- 1:20We learned about Matantar and a few parshos.
- 1:22So one of them is in it's Salim where we talk about Matan Tara
- 1:27and the apostle says Mosher Bin who tells us that it wasn't just
- 1:31you who are that are obligated. It's even those who were not
- 1:36physically standing here. So the Tanhuma writes on there,
- 1:41it's Kaftet Gimmel. That's the pasuk where he talks
- 1:44about it in the environment and Tanhuma gimmel.
- 1:48So he says that all the Nashamas of the few of Kaliusra, all
- 1:55that's the famous midrash that I'm sure we have all heard since
- 1:58little children, that all of the Nashamas of Kaliusra were
- 2:02actually there present at Harsee 9.
- 2:04So for this you don't even have to come on to the question.
- 2:08This question doesn't even start because we were all there.
- 2:12So it's not an issue of neilotium.
- 2:13It's we were there and we all were part and took part in
- 2:17accepting the Shavua. So that's that's that's could be
- 2:22answered according to that Kuma also the Aurichaim a little bit
- 2:25on the different Mahalik that we're part of a breed we're part
- 2:29of. And then we have we're the
- 2:32children, the Euchus children, whatever, but it's like Kagiris.
- 2:37So that's part of the whole breed.
- 2:38So just interesting, Orafin points out, how can 1 accept the
- 2:43breed for someone who's not there, right?
- 2:45We learn Khavi aim Khavin Adam Shiloh Befanov, only Zakhin Adam
- 2:50Shiloh Befanov. You can only help somebody in
- 2:53Mazaka somebody if he's not present.
- 2:55But if he's not present, you can't hurt him.
- 2:57You can't do something against him.
- 2:58So he points out that and and that's what the absukum are
- 3:02doing over there is that we're we're showing how wonderful and
- 3:07beneficial well the whole Matantara is for us in this
- 3:11world, in the next World. And otherwise you're wasting
- 3:14your life on a Varazar on 8th of Advan and nothing and
- 3:18nothingness and your whole your whole mahus otherwise is
- 3:23worthless and your whole kiyum and Olam haba is gonna is close
- 3:28to nothing. So therefore it's a tremendous
- 3:31as a hoot. So for that you can make a brief
- 3:33on others covenant on others, even though they're not there.
- 3:37So anyways, that was just a close up.
- 3:39Add a little bit there. Now llama tet inside Anish
- 3:45Valifra la Cavaro is Mon Ploni. A person wants to make a VUA it
- 3:52it makes it sure to pay somebody by a particular time, right?
- 3:55You make a loan and you say I'm making a sure that I'm going to
- 3:57pay you by X amount of time. So then there Yahoo Latiro,
- 4:04there is a way out without doing any proper Ataris Nadarian,
- 4:07right? It comes to the time to pay your
- 4:08friend and you don't have the money and you go to him and you
- 4:12say let's you know, can you give me another month to pay back?
- 4:15So the guy can say sure, but you still have a Shibuya going on.
- 4:19So just by saying sure, pay me a month later, it doesn't help.
- 4:23All right, unless there what that was built into the Tanai of
- 4:26the Shibuya. But if that wasn't how you going
- 4:29to get out of the Shibuya being late?
- 4:31So there's a Tarasandarian, but there's a way without doing a
- 4:35Tarasandarian Shiyomar, the one who owes you the money, you say
- 4:39I reni Ki Eli kibalti. He says, you know, I, I already
- 4:42got the money. We're going to treat it as if I
- 4:44got paid in full. And therefore he's, he's mojo
- 4:48basically on the, on the on, on the whole.
- 4:50So it's as if he got the money and he doesn't have to pay
- 4:53technically and he's not over the Shiva because according to
- 4:58the Shiva, he's paid off. There's he's if as long as you
- 5:01say, you know, I got the money or Eli's kibalti, then you're
- 5:04off the hook. Avau, you can't technically you
- 5:09cannot claim the money though. So your friend, yeah, I'll say
- 5:13it now. The Besiosa points out and I'll
- 5:16say Gailen point out. Now what are we trying to do
- 5:20over here? We're trying to get you out of
- 5:22the Shibuya. The guy's trying to be a nice
- 5:24guy, right, To give you another month or a year, whatever,
- 5:27whatever this week, whatever this this situation is.
- 5:29So he's not over on the Shibuya, but the only way to do that is
- 5:34either you do a Tarzan or you really are being Mokho the Cove.
- 5:38So in order to protect yourself, the Kevana over here is Usain
- 5:44Kilid Kabali. And the guy's going to tell you
- 5:46again and now I'm a high of you again to pay you X amount with
- 5:50it, you know, within another month or a week, whatever you
- 5:54want to you want to give him an extra, an extra time to pay it
- 5:57off. So you have to he has to make a
- 6:00new Shavua. Otherwise, yeah, if you can, you
- 6:04can get burned and not get paid. So the so the so the Basiosa
- 6:09says you should make that new Shivua before your mohal.
- 6:16This hope make him high of you another one.
- 6:19So either you can just make him high of you another double, you
- 6:22know, for later, you know, double the amount so that you're
- 6:25covered for later. You just a new Shiva for that
- 6:27exact same amount for later, but then he might be nervous.
- 6:32You know, so the only way so the way to do it is you make is
- 6:37you're saying I mean tonight I'm Movato the Cove on the condition
- 6:43that you're going to write afterwards make me a new Shavua
- 6:46that you're going to pay me later.
- 6:48That's the that's since no one trusts anyone and for good
- 6:51reason. Therefore, and you don't want
- 6:53it, neither one of you want to get burned.
- 6:55So that's the way to do it. Do it at the same time with The
- 6:57Tonight and then you're covered. That's his recommendation.
- 7:06But just to just say, OK, just take more time.
- 7:09It doesn't help Eileen Kane he Taneshuhala Rico unless was
- 7:14built in tonight into the original shivuah that you can
- 7:17always keep adding extra time. So that would be the smart way
- 7:20to do it either. Don't do it.
- 7:22Everything's really Ned there, but obviously it's alone over
- 7:25here and so do the shivuah with The Tonight.
- 7:29The tals also points out that I mean, we basically just said it,
- 7:34but he says it's common for people to make a loan.
- 7:36But Kyat Kaf that they're going to pay you back and that that's
- 7:40a sook. So Shivua not exactly sure what
- 7:43level the same or not, but it's it's a very questionable not to
- 7:48break it. Besides, again, it's not exactly
- 7:52stealing when you don't pay a Kobe, but it's a little bit like
- 7:54stealing. Whatever.
- 7:55We don't get into it. But here you it's it's pretty
- 7:59bad. So you you don't want to be
- 8:01overage key at the cough as well.
- 8:03So if a person just tells you if you buy the if you borrow the
- 8:07money, you take a loan, whatever it is, whatever the deal is, and
- 8:10it's with a kiat cough, you're going to pay back by an X amount
- 8:13of date and it comes at the time.
- 8:15Don't just tell them no problem. Pay me in a month from now, pay
- 8:18me in a week, pay me whenever you have the money.
- 8:20You can't just do that because he did it with that Kiat cough
- 8:24or if it was done with the Shibuya.
- 8:25But either way you have you can't.
- 8:28You have to either be Mokal, like we said, you have to
- 8:30basically said it's as if I got all your money.
- 8:33The Cove is is paid off and then you can make a new Shibuya or a
- 8:37new to get cough. So that's what you have to do.
- 8:40But you can't just can't you say no problem, pay me later.
- 8:45OK, That's again, it's an issue if it's done with the Shibuya or
- 8:48it's get cough men avshi shbiat binoche lyukhala.
- 8:53How about Kimber Shimon Veleby, a father who said to his made
- 8:57made a shivua to his son. He made his son make the shivua,
- 9:01that he can't lend out any money to anybody unless he gets
- 9:07permission from Shimon Veleby. He's afraid his son's going to
- 9:10make a bad business deal, a bad loan, and he's trying to protect
- 9:14his son. So he says make sure you get
- 9:16their permissions that you're not getting you're not going to,
- 9:19you know, risk losing your money Mutter Lahava or should ehon
- 9:22mayhem, then you're as long as you get one of their permission.
- 9:26That's enough. When someone's being much be a
- 9:28you and he says with your should Shimon and levy.
- 9:31It doesn't mean dafka Shimon and Levi, it means Shimon or Levi.
- 9:37So that's why unless he specifically tells you no, you
- 9:40need both of them. If he specifies you need both
- 9:43and of course you need both. But if it's unspecified when
- 9:45just someone just gives you 2 names so the the assumption is
- 9:50and so that's the halafa. Is that you?
- 9:53He he meant one or the other. OK, Nam olive ha dermine
- 9:59komagarish ishta rishona Miz bayak marida la Abdul maota.
- 10:04We we learned and get him that a person is Magara Shisha, his
- 10:09first wife. And that the Miz Baya cries.
- 10:11It's a horrible thing. Oh, I meant to say I have two
- 10:15mem olives. They point over here that some
- 10:18say it doesn't belong over here. Some say it belongs over here.
- 10:21I don't know. I don't know exactly all the
- 10:22details, but it's it's in my version and I know it's not in
- 10:25everyone's version. It's in the here on the side,
- 10:27it's in the Rama in helpless and Ebenezer.
- 10:31So he just says Hani Emili Kishima Shahabal Korcha.
- 10:34That's when you send her off. You divorce her when she doesn't
- 10:38want to leave about Ino Rosalama takhta.
- 10:41But if she's trying to get out of the divorce, so then
- 10:44obviously mutter lagarsha, then it's it's OK.
- 10:47It might be good to be a magareisher.
- 10:50OK, fine. Let's go on to everyone's memo.
- 10:52Olive Anish Bali fro a la Cavaro Lismond ploni O has mean beetle
- 10:59and a suing lismond ploni over person who makes a shivu in
- 11:02order to pay somebody by a particular time or to to to
- 11:08marry off his daughter by a particular time.
- 11:12And he, he's over the author's mind if it's goes beyond the
- 11:15time, the whole young Al Shiva tell every day, every day, even
- 11:21though the time passed, he's still over afterwards Hoyo
- 11:24bahaya mahuya Villa Shiva since he was Mahuya without a Shiva.
- 11:29So therefore it's Khal aval nispala Soto adavar Bionploni.
- 11:38Therefore it's you're still Hayev every single day
- 11:41afterwards aval nispala sot adavar bionploni.
- 11:45If you had to do made a Shiva to do something on one particular
- 11:49day, the lawyer Mahuya Vadavar below Shivoazov and you weren't
- 11:54mahuyev to do it without this type of Shiva, the Alvarayom
- 11:59shuv in Shiv Shiva Allah. So then once that day comes and
- 12:04passes, so then so if there was no, you weren't obligated and
- 12:18you made a Shiva just for one particular day, so then it's
- 12:21only call on that day and you get Malpas for that day.
- 12:24But then that's it. And some say no, the thief
- 12:33continues afterwards every single day going forward.
- 12:38An example, fine, I want to go to a shop.
- 12:42I'm making a Shiva to go to a shop, a store to buy something
- 12:46on a particular day, and you don't go that day, so you're
- 12:50over the Shiva. That person was over the Shiva,
- 12:53but the next day he doesn't have to go anymore.
- 12:55He just made a Shiva to do something on one particular day.
- 12:58I don't know, February 6th, whatever the day is or not, it's
- 13:02past whatever it is. February 6th, you plan to go on
- 13:05a store and you didn't go comes February 7.
- 13:08It doesn't help to go anymore. You're already over the Shiva
- 13:11and there's no longer a Shiva to keep doing.
- 13:14No, not teshwani. OK, so the Makloka.
- 13:17So just to mention it's Makloka Sakhrani fine between shaktas if
- 13:20you need, if it's if it makes a difference if you're Makhuyev or
- 13:23not OK, then base. Not that I know the person makes
- 13:28another to fast. Oh it's Dhaka or to do sidaka
- 13:32yeshwa hatara IED PETA vekharata.
- 13:35So even though it's a mitzvah, there is a you can do hatara
- 13:39sandarium on such a mitzvah, but you need to with a either patak
- 13:44or kharata. Who Shalobh bhat at Sedaka?
- 13:47No, again, if it's for Sedaka, we usually say only be shot at
- 13:51Haq, but you are allowed to. It works, but that's on the
- 13:55condition that you want to undo paying Sedaka.
- 13:58Well, it depends. If you already gave it already,
- 14:01it's too late because it's no, it's beyond the net there now.
- 14:04It's already in its hands. It's not in your, that's what
- 14:07we're about to say. But Ushala about Sedaka
- 14:09Aliyadagaba, that's if you only made a promise but you didn't
- 14:14give the money yet, but if you did pay part of it.
- 14:19So that part that's in his hand, it's in his hands already.
- 14:22You can't go back on that. It's it's like in his ownership
- 14:25now. But whatever is left, you can do
- 14:29Atara on what's ever left. I mean, Petak has a sukhsha
- 14:36karata, but it's I think I need to either one go to mam Gilman
- 14:40nish Bala Ted bito le ploni Leisha is Mon ploni.
- 14:43So a person makes a Shiva to give to his daughter to somebody
- 14:48to get married at a certain time.
- 14:50But then during this time period, whether it's three
- 14:54months, a year, whatever it is, he, the mashuda is no longer
- 14:59the, the, the the Bachar is no longer what you what he was at
- 15:03the time. He I don't know.
- 15:05Let's say he went off the Derrick.
- 15:07So then again, how do you define that?
- 15:09OK, not for here Perush. No.
- 15:12Just what is the whole Russian, the whole express the word of
- 15:17mashudah come from sheddah, whatever Mizdahfgin adds a
- 15:21mirkuru mishudahkin. Because when the two get
- 15:23together, they are called mashudahkin.
- 15:27This is the ideology of the word Mashudahkin.
- 15:29Me inan umatza menuka because until now they were unsettled
- 15:36and they were looking and not relaxed.
- 15:40But now that they found their zevul, their partner, now
- 15:44they're more at ease, at rest, calm.
- 15:49That's manukum Ki targum batishko to arets as a targum
- 15:52translates batishko to arets when the the land rests
- 15:56Ushidihat ara. So that's the that's the
- 15:59ideology of the word or where it comes from.
- 16:02OK, what's it called? Let's read again.
- 16:05We talk husband kilkal hameshuda masaf then patur hala mishawata
- 16:11then your pater from the Shiva. Because if one side kilo breaks
- 16:16the Shiva or breaks the condition, then that will if he
- 16:20changes that is breaking the Shiva.
- 16:23Although who I didn't Imhimira akhter meshudah.
- 16:27So too, let's say the sister of the Bachar is no longer from she
- 16:33changes, then you can one can also break off the Shahrukh even
- 16:38if there was a Shuva. That reminds me of similarly, we
- 16:42were just saying before and the Tanhuma so mentions about
- 16:45khalisar in the days of Yakhaskel.
- 16:48They went to a cottage bark and they said they want out, they
- 16:50want to give back the Tara. That's that enough.
- 16:53So but then but the Navi says, but you can't because you're
- 16:56obligated with the with the Shiva really.
- 16:58But the Navi with the Takuma really says is you're a Kanui,
- 17:02you're a bot like an avid and an avid can't just free himself
- 17:06unless the master sells him. Well, Kadeshwar, who still holds
- 17:10on to us, he didn't sell us to to other gods.
- 17:13They were still his. So we have no way out.
- 17:16But it's it's the same idea over here you but but here's the
- 17:20opposite here. If he changed, he did break the
- 17:23Shuwaz. Is it OK anyway, so then so we
- 17:28stay obligated Haga vyesh omrim dafka imnisha bekakulo or
- 17:33shabala basin beaudo bekilko. Now that's only if when he's
- 17:39when they want to undo the Shalak, he's still off the Derek
- 17:43and that when they go to Beisden to break it, they're off the
- 17:45Derek. We actually not say lo and you
- 17:47so you can't marry her and you can't marry her to him because
- 17:51it's not Kagon Shanish Ahmed like you want is is not from
- 17:55anymore Ava IM Hazarvich. So that what would you shehemir
- 18:04that OK, say OK, change religion or no longer from OK, Yeah,
- 18:15yeah, yeah. That's what I'm saying to be the
- 18:17one at least spend which version you have about in Hazar Bichuva.
- 18:22If you came once the Hazar Bichuva it came from again via
- 18:25Kharka Baha Nishpalabetian and now the base another the father
- 18:30of the Nish. I know it was my it was Nishpal.
- 18:32He came to Beijing and wants to undo the break the Shadrach.
- 18:36So then sorry Khatara, the Shiva Atal.
- 18:38You can't just the Shiva was no longer considered broken and you
- 18:42can't just undo it without getting proper Hatara Alpha
- 18:46Pisha patur Mina kanas sheshiba ratsma.
- 18:50He's putter from the Kanas Imyavvor.
- 18:53If he if he violates it, Mikko Makham.
- 18:56Sorry Katara Leshvato. But he does still need Atara on
- 19:00his Shiva Iimbala basin, the auto bicolcula because of basin
- 19:05while he's still off the Derek Afilu Atara lot.
- 19:09Sorry. So then you don't even have to
- 19:10do atara because it's all broken.
- 19:15Because it's not possible for her to marry someone who's not
- 19:21from And then once it became mutter I guess through based in
- 19:30so then it's mutter forever his Shiva Henier Ali Ikar.
- 19:35And that is the Ikar way to pasta.
- 19:38Memdalid shnaim shenajo alekhad yahad la ereziz 2 years.
- 19:44So they meant to make a another to go within within two years to
- 19:49move to Ereziz. Together we are ehad MIT Ake
- 19:51cavaro pater. And one of them decides, you
- 19:54know what? I'm backing out, I'm not moving,
- 19:57I can't do it. So it doesn't matter why this
- 20:01one person doesn't. Whatever his motive is good, bad
- 20:05makes no difference. He has a good reason, not a good
- 20:08reason. The second guy is also putter
- 20:12because he made the nether on the condition he's going to go
- 20:14with a friend. He doesn't want to move all by
- 20:16himself, so therefore his his nether is is is no longer
- 20:22standing. It's false because it's his
- 20:26nether wasn't to go by himself, it was to go with his friend.
- 20:28Right? So we'll assume the first one
- 20:30has to do with Taras Nadaram, even if there's a good reason,
- 20:33as we're assuming. But the second one doesn't have
- 20:36to do with Taras Nadaram. Fine, let's do mem.
- 20:40Hey hamanada atsumo BA olam haba person makes another to put him.
- 20:46Oh, sorry. Well, he puts himself.
- 20:49He declares I'm putting myself in nidui in olam haba IM Yasaka.
- 20:55If I do something right, he's trying to prevent himself from
- 20:58doing something. Yeh Misha Omar shisha hattara.
- 21:02So one opinion says he could do hattara santara because well,
- 21:09first of all, well, let me, I'll read, let me just read the other
- 21:12part VH Misha Omar Shenlo Hatara.
- 21:14There's an so it's a mahalkis. One opinion holds.
- 21:17And then we've shown him that you could do ataris and dharim
- 21:20and one holds. You can't.
- 21:22In other words, do we say we know we learned by hataris and
- 21:26nhadarim for a regular Ned there learned it's a mahalkis by
- 21:30nhadarim. If you can even do Hatara before
- 21:34its hall, right when you make your nether, that's going to be
- 21:37haul in a month from now if you don't do something.
- 21:39So then can you do taras and dining before that it even kicks
- 21:43in? So you, you made your nether.
- 21:45Now it's like floating in the air, but it's not haul yet.
- 21:47It's it's not applicable. So then that's a Mahloka.
- 21:50So we learned meat garden. We have to wait.
- 21:53As a korma, you should do it twice maybe.
- 21:55So this way you avoid having a problem, at least according to
- 21:58one opinion. However.
- 22:00So the question is, does that the same thing apply to Nidway
- 22:03or perhaps it's gonna be the same Mahalocus or perhaps even
- 22:07by Nidui you're able to do it before it's Hal.
- 22:11Is it the same as as as a Mahalocus here?
- 22:15Let's go on. There we go.
- 22:16The same Yeh lizar milena dot atzmobaola Mahaba al shumdavar.
- 22:22So therefore, I mean, besides the obvious reasons, but
- 22:27especially because you cannot, you can't even undo it
- 22:30potentially. So therefore make sure you never
- 22:33put make yourself in Nidui in Olam Haba for not doing
- 22:37something. And one of the differences is
- 22:39the graph points out that when you do Nidui in Olam Haze, it's
- 22:44with the people, the child, it's governed by the people.
- 22:48But when you do Nidui in Olam Haba, you're being nidui from a
- 22:52Karish barko, 1 is from the people, one is from a Karish
- 22:55Barko. So therefore, in this world, the
- 22:58the the Hector is Talui on other people and Olam Haba, it's Talui
- 23:04on a Kurdish barko. So you don't even have the power
- 23:08to do it. You have to wait for a Kurdish
- 23:09barko to do it for you. Right here you can in this world
- 23:13you can. Yeah, you can have the Kahani a
- 23:16base in We matter you. But to have it So that's why
- 23:20when Yehuda when he made such a statement that his he should be
- 23:25put in nidui if he doesn't bring back Binyamin.
- 23:29So then he still needed a Kurish Baraka to be mature him and that
- 23:33his his bones are no go golem until he kept the condition.
- 23:39But it's a it's a question. I think we're going to get to
- 23:42it. If I put yourself if for nidui,
- 23:45you need Hatara even if you're a Makayam.
- 23:49Yeah, and I think it might be I'm a hocus, but yeah, so it's a
- 23:53little you don't want to play with me, do I?
- 23:56Hagar the ink var nadar ka in material Alabama mitzvah.
- 24:01So if someone did was did a put him So then anyways, you you
- 24:06should never be Matthew unless it's a Mako mitzvah.
- 24:08Kaden Nader shahudar al das Robin.
- 24:11Just like you make a Nader Adas Robin with another shanad
- 24:14Shanader bishad Sara person makes another bishad Sara.
- 24:18That's also more common, right? We learned that might be a good
- 24:21thing or appropriate or OK to do a bishad Sarah, but it also
- 24:25makes it stronger in lahatir El litzharak mitzvah, so that you
- 24:29should only be let's Sarah mitzvah.
- 24:32Oh, let's or God or any important, you know great need
- 24:36Komo Ned another neder Aldhas Robin of present also the Aldhas
- 24:40Robin omil in he tiro, but the other mother.
- 24:44But if they do do it. But yeah, but it does work.
- 24:47Commercial Barbara Nader shall does Robin.