Latest / SHULCHAN ARUCH YOMI: Own the Halacha in 25 minutes a day! / Yoreh De’ah 232:12-14. Vows: Unintended or Coerced Vows, the Four Vows Should Be Avoided
Transcript
- 0:00OK, good morning. We are at Nadarium Reish al
- 0:03Ahmedbet. We are, we ended up in the end
- 0:06of Si EF Yudbet, the end of the Rama.
- 0:10So what we just discussed was if a person is believed when says a
- 0:15shvua, but then afterwards he tells us that well he was really
- 0:21a Bowness or he really made it tonight, do we trust him?
- 0:24So in general, we do trust him until the point where he
- 0:28actually buy it, not when the Nether's haul or Shavua's haul.
- 0:32You can still trust him. It's when he violates it and
- 0:35you'd be high of malchus. That's when it's we don't trust
- 0:38him anymore. But he points out over here in
- 0:40the Shah that he says he was. But honestly, you trust him.
- 0:44If he says he made it tonight, then you would trust him.
- 0:47But that's only if he made a verbal tonight.
- 0:49General a tonight only works if it's if it's if you said it
- 0:55tonight verbally. So then you have to say it when
- 0:58I said the Chua, I said a verbal tonight.
- 1:02Otherwise we generally will say dvarim chebolae enam dvarim.
- 1:05And then the Shah points out that if he points, a person
- 1:09warns him not to violate a Chua and he while he's looking at
- 1:13you, he violates the Chua or he says, you know, Alpha picche and
- 1:17I don't really care if what you're warning me and I'm doing
- 1:19it anyway. And then afterwards he violates
- 1:21it. So then obviously Eno Neman is
- 1:24listening to your warning. I mean, that's a pretty much a
- 1:27culture thing. Before I keep reading inside, I
- 1:29just want to share a couple of quick stories.
- 1:31But cases who had a teacher many, many years ago, basically
- 1:36in a nutshell, he read a sentence one way and the teacher
- 1:41in general humiliated him, intimidated him and Kilu, forced
- 1:45him into making a bet with the whole class watching, edging him
- 1:50on. And he pretty much had no choice
- 1:52but to to agree to make the bet. And in those days $5 a huge sum
- 1:56of money compared to nowadays. So the question is, was that
- 2:00binding? So I think we can all say that
- 2:03that was probably Nidre Ownsin and he had no, he certainly did
- 2:07not want to make that bet. So anyways, under those
- 2:10circumstances, you stem, I would believe it wouldn't be binding
- 2:13that type of a bet. And also it depends if it was
- 2:16Bichki at Kaf or a lush on Chihuahua.
- 2:18But just to end off the story that are however, in the sheer
- 2:22was such it was such a man of his word.
- 2:24So he shows up the other day the next day with a bag of coins
- 2:29filled of pennies and nickels to pay back the the $5.
- 2:35OK, another case a person makes a just to clarify it from what
- 2:39we said before, a person makes a chivua to buy a home.
- 2:44Yeah, to buy a child a house. Hey, let's say it was for the
- 2:48end of in year 2030, let's say I'm going to buy this person a
- 2:52house for 20-30. Let's say it comes the end.
- 2:56Let's say for example he specifies for $1,000,000, just
- 3:00an easy round Number. I know that sounds a lot, but
- 3:03let's just say $1,000,000 for a house in 20-30 comes along 2030
- 3:09because we learned you don't have to actually, you don't
- 3:12violate the Shavua unless 2030 passes.
- 3:16So you have up until the end of 2030.
- 3:18Comes 2030 and he no longer has the money.
- 3:22He doesn't have $1,000,000 to buy a house.
- 3:24I'm not sure about assets, if you have to sell assets or not,
- 3:28but let's say you don't have assets.
- 3:29You don't have any money, that's for sure.
- 3:31Maybe assets as well, I'm not sure.
- 3:33You don't have $1,000,000 to buy a house.
- 3:34So then it comes time to to buy. He doesn't have the money.
- 3:38So we learned that case would be pater.
- 3:41It'd be a nidre onsen because when the time comes to pay, you
- 3:45don't have and you would not be over the Shiva.
- 3:49Do you have to pay or not? You certainly won't have a Shiva
- 3:55issue. We have to think twice about if
- 3:57you have to pay or not because that would be a shvila's own
- 4:00sin. When it comes time to pay.
- 4:02You didn't have the money to pay.
- 4:03So when you do have the money, what happens let's say in year
- 4:062031. So that's the mahalocus or the
- 4:09the difference in the shalkhanar.
- 4:11If you said be Schnat 2030 or Le Schnat 20-30 in the year 2030.
- 4:17Now I'm not exactly sure how that works in English.
- 4:21I don't know if we have that same subtlety.
- 4:23Usually we say by the year or in the year or on the date of it
- 4:27depends however you say it or write it in English.
- 4:30I'm not sure if you still are high of afterwards in English.
- 4:35I don't know if you have the same connotation of layom or
- 4:38not. Sarah, I'm not sure, but
- 4:40anyways, he comes the time and he doesn't have the money to pay
- 4:44or there are no houses to buy or whatever kind of an onus it is.
- 4:48Or the houses are no longer a million.
- 4:51Now they're the cheapest house you can get is 3,000,000.
- 4:54So that wasn't your shivua. That's called onsen.
- 4:57Fine, that's that's simple. But let's say a person makes a
- 5:01shivua to pay right now to buy right now a house.
- 5:06And he has he has the money when he makes a shivua.
- 5:10So that's a shivuwa and that's not a shivuwa of onsen.
- 5:14So it's Hal 100%. And that's the case when it's
- 5:18Hal, it doesn't matter, right? You know what happens later.
- 5:22But now that it's Hal, you're, you're higher to be Makayam,
- 5:26your shivuwa. And you have to pay with all the
- 5:28money that you have to pay that million to pay that to buy that
- 5:32house because that was your shivuwa.
- 5:34And it means, and that's not a shivuwa to onsen that that was a
- 5:37proper shivuwa. Now obviously there is a way out
- 5:41of a shuwa is you do a Tyrus in a darn.
- 5:44But that's not a case of unseen just because it's a lot of
- 5:47money. Yeah, if you have the if, if
- 5:49it's hull, then it's hull. In other words, when you make
- 5:52the shuwa, it's hull and you have the money.
- 5:54There's no onus. And later an onus can happen
- 5:58later, but then it's too late. It's already hull.
- 6:01If a person, right, doesn't stipulate versus I'm going to
- 6:04buy you a house in 20-30 without stipulating an amount.
- 6:08And then the housing goes up by a tremendous amount.
- 6:13So if it goes up by a tremendous amount, again, I'll leave this
- 6:16as a, as a Sarah here and I don't have anything clear on
- 6:19this, But I mean, Stama, if it goes up a little bit normal with
- 6:23inflation, then that would be, you'd be higher to pay cuz you
- 6:28bought a house, you promised to buy a house.
- 6:29And so you, you waited a few weeks or you know, a year or
- 6:32whatever it is, that's your sugar what to buy.
- 6:35But if it goes up by a a tremendous amount nistamba, that
- 6:39would be a nidre Shkaga. Again, not saying for sure.
- 6:44And it depends how much it goes up.
- 6:46That's obviously not clear. OK, let's finish the Rama inside
- 6:52the thing. Nisha Hoda Berabin Okatavala
- 6:55star The Hoda Boshanishba person writes or admits in public that
- 7:02he made a shivuah and then later on he comes to us, the Omer.
- 7:08Later on he says no, no, no, I didn't make a shivuah.
- 7:11Then in another words, the question is, did he ever make
- 7:16that shivuah? So nobody was in the room,
- 7:17right? We don't have any witnesses or
- 7:20they're not here. The case is you admitted to
- 7:23making a shivuah yesterday. So you're speaking to us today
- 7:28about a shivuwa that you admitted to yesterday.
- 7:31So do we believe that you made a shivuwa?
- 7:33So normally we do, unless afterwards you come to us and
- 7:37you've been noting Tom Lima Amarshanishva namma, he comes up
- 7:43with the reason and Amatsla, we had that by by Anita, you come
- 7:47up with a good explanation why you told us that you made a
- 7:51shivuwa when you really didn't. So then we can believe you fine
- 7:55the Koshikane IMA Emma Chilonish Bah shayna love isser Shivua
- 7:59Mishimuda. So now this is then he says
- 8:02Koshikane. If you didn't make a shivua,
- 8:04just the fact that you told us you made a shivua.
- 8:07So we might have to believe you and Mahayev you to you know from
- 8:11our, you know, the Bayesians level.
- 8:13But the Ms. is the Ms. If you didn't make a shivua just
- 8:16because you admitted to making a shivua, if you didn't make a
- 8:19shivua, then you didn't make a shivua and therefore you
- 8:22wouldn't be. There's no isser shivua just by
- 8:27admitting to it. Again, how that place applies to
- 8:32making yourself hive to pay somebody money.
- 8:34That's that's totally not our topic.
- 8:36So we'll save that for kosher and Michelle.
- 8:38OK, let's move on. New topic over here a little
- 8:41bit, a little sub new good gimo alpha pisha arba nadarium alu.
- 8:46Even though we just mentioned, right, we just learned 4
- 8:49categories, they're called the arba nadarian.
- 8:52That expression comes from the Mishnah.
- 8:54And we said about them arba nadarian, ELO enam srikim
- 8:58hatara. You don't have to make any kind
- 9:02of hataras nadarian because there was never a call.
- 9:04There was never another at all. So says us or Ledor Baham.
- 9:10But you're not allowed to make these shivuas or Nadarian Lekhat
- 9:15Khila. It's asar in Moshe Rotse Lakayim
- 9:18Devarov. Unless you want to be makayim
- 9:20these words as if you don't plan to keep to them.
- 9:23You know, we don't say nidre Hawaii, we don't say all these
- 9:26nidre Chicagos and unseen, even though you, you're not Kayev,
- 9:31they're not khal, you don't say them.
- 9:34It's completely inappropriate. That's based on the Tosefta,
- 9:38which the Rambam codifies the halacha.
- 9:40It's from the Pasak of the Medbar.
- 9:42It says Lo Yahel Devarov. You can see that in the
- 9:45Baragola. And so the tosepta says Loya
- 9:48said Davarium khulim. You should not make your words
- 9:53worthless. Thank you.
- 9:55You should speak Ms. You should mahave your own words.
- 9:58And it's just inappropriate to speak.
- 10:00So apparently even nidre zeros, you know what you're trying to
- 10:03say. So all those in the darium in
- 10:04general, we sit, you wait. You should not use a lesson of a
- 10:08neder or a Shiva for any of those purposes.
- 10:11Now what I just want to point out, which is why I stress we
- 10:14see the words are but on the darn.
- 10:16That's what he quotes over here because that's the expression in
- 10:19the Mishnah. But if you just think for a
- 10:21second, there's only three out of the four that this applies to
- 10:24because, or at the most because in general, where the cases are
- 10:30three out of the four are. It's like Le Kathila don't do a,
- 10:33you know, zerosene or any of these things that you don't need
- 10:36to do. But Chicago, by definition,
- 10:39that's a mistake. So you can't.
- 10:41There's no Le Kathila by Chicago.
- 10:43It's only or actually or by own scene also.
- 10:46Yeah, the Taz and the Shock say that by own scene, but Chicago's
- 10:51also true depends on the case. So I guess it applies to two
- 10:55your dollar. I know they're ohanish Bella
- 10:58Anas. Now, if a person makes a nether
- 11:01or a shavua to somebody who is an Anas someone I let's just say
- 11:08someone who's coming to steal your money, someone who's coming
- 11:11with a strong arm against you, Thug lohave neder Velo shavua.
- 11:19Now you made a it's, it's a nothing.
- 11:21It's not a shvua. You were forced into it.
- 11:24And that's really falls under the category of nidre onsen.
- 11:28So therefore, so, so anyway, so it can apply, but onsen too, I
- 11:31guess. Anyways, let's just let's just
- 11:33keep going. It's interesting that Eric
- 11:36Lechem and Marie Koch points out, even if you use the words
- 11:39aldas rabim or aldas amakam, it doesn't matter.
- 11:43It's not a Shvua right, because using those words doesn't help
- 11:46anything. It's it was against your will
- 11:48and Libo the peeve are were not shoving, and therefore it's the
- 11:53we're not the same. Hungarous is therefore for sure
- 11:55it's not OK, the fika Nojin, the the haragin, the Muhsin Imhu now
- 12:04here. It doesn't mean literally
- 12:06they're coming to kill you, but it's it's more of an expression
- 12:10right now we're talking about money.
- 12:13Again, it could be or it could not be, depending how you let's
- 12:17just assume it's going on. They're coming after you only
- 12:20for money now for taxes. OK Imhu Imhu Mohu Omid the Lord
- 12:30oh Shabali told Emmanuel you're terror miksavato.
- 12:35Yeah. What Miksvato yakko lidor
- 12:39olishava cadeli pater MI menu. OK, what does that mean?
- 12:43They come to the the tax collector comes to you or
- 12:47whoever comes to you. Some thug, a tax collector,
- 12:50whatever it is. And he tells you either he
- 12:55either he's not coming to to collect taxes for the government
- 12:59or for the king. He's coming really to collect
- 13:02for his own pocket or, or even if he is coming for the
- 13:06government or for the, for the for the king, but he's coming to
- 13:13collect an exorbitant amount, much more than everybody else.
- 13:18I'm not getting into taxes nowadays, you know, and I more
- 13:25or less democratic government when everyone is paying the
- 13:29same, right? We there's a certain essence of
- 13:33partnership election and it's and it's is equal for everybody.
- 13:38It's the same, you know, whether it's skewed or not skewed, it's
- 13:41the same for everybody. So they're in general, let's
- 13:45assume you're higher in the taxes, but we're not getting
- 13:49into it. The point over here is you make
- 13:52a shurua. So if you're making a nether a
- 13:56shuwa to get out of paying something, that's unreasonable,
- 13:59right? Everybody pays 50% tax, but from
- 14:03you or this the Jewish community, they want to take 70%
- 14:07tax something that's unreasonable.
- 14:09We're citizens like everybody else.
- 14:11So then that's when we're talking about that you're,
- 14:15you're allowed to lie to him and say, and not only that you
- 14:19didn't make the money, it's not your money.
- 14:21Then it's 100% mature to lie. And not only that, on top of it,
- 14:26you're allowed to make a Shihuah that you're telling the truth.
- 14:28So you're like doubling down, telling not the truth and you're
- 14:32making a Shihuah on it. And that's Nidre Onsen, and it's
- 14:35Matra la Fatima. So obviously, if you can get out
- 14:38of it, then it's I wouldn't call it much of A deal anymore.
- 14:41We don't make right. We don't want to do we don't
- 14:45want to have Shiva. But here you have no choice.
- 14:47You're known as OK, so then the owner.
- 14:51So what do you tell him? Yes, you're all like call pero
- 14:55chiba olam. All the I'll translate it for
- 14:58now is produce. We had this case before.
- 15:00All produce in the world is going to be assert to me EM Amy
- 15:08me beta melech if I'm if it's if I'm not from the the House of
- 15:13the king. In other words, it's not
- 15:14appropriate for me or I belong to the king that belongs to me.
- 15:18You partner me in a Herod to get out of getting killed, right?
- 15:22Certainly if it's from Mesa or EM Ainan, but you or EME
- 15:29Mashani, maybe me beta melech or it's like this is not what I'm
- 15:34holding over here. It's already been taxed.
- 15:36It's coming from the from the the House of the king.
- 15:39You don't have to take more tax on it and you do this to get out
- 15:43of paying taxes. Whatever, whatever you make up
- 15:47and you right, you tell them it's going to be with the Shuwa,
- 15:51then that's OK. You're allowed to do it under
- 15:54the these unfortunate circumstances, but it continues
- 15:59the hosier bilibo label. But you have to think in your
- 16:02mind when you make this Shiva that yes, you ally Rakhayom.
- 16:07You have to because you're because we don't want there to
- 16:11be a problem of Dvarim Chevrolet veinum Dvarim.
- 16:15So then it has to be where and if we're talking about money
- 16:20over here, so it has to be we're in your mind.
- 16:23The Shiva was a little bit true. In other words, only for today
- 16:27or think in your mind, only for an hour or as the toss points
- 16:31out, you could even say on a condition, this is a shivua.
- 16:34And you don't tell this to the tax collector.
- 16:36But in your mind you're saying, if I don't wear it's filling
- 16:39today, you just put in any kind of tanai or any, you know, for
- 16:44an hour for a day, you put in so that your shivua is somewhat
- 16:48real. And then and then that's then
- 16:52that's when it's acceptable. Alpha P Shamotsi me peep stung.
- 16:57And even though we normally we say whatever comes out of your
- 17:00mouth, the Kaimalan dvarium should believe enam dvarium Gabe
- 17:03Anas Shari in this case because you're dealing with a thug or an
- 17:08Anas who's coming to take your money.
- 17:10So then in this case, you don't have to say it verbally.
- 17:15Normally a tanai you have to say verbally because we otherwise,
- 17:19but in this case, you don't have to say this portion verbally.
- 17:23Now, just one quick caveat over here or I don't know, caveat
- 17:27explanation. We had the words you made a
- 17:30shirua ko piroche olam, shiba olam.
- 17:34So we already learned that if you say the words ko, you're
- 17:37asar to you ko piroche olam. We learned that that includes
- 17:42everything Keemat, anything edible.
- 17:45So therefore it's not even kao because it's a it's a nothing.
- 17:50So the post can point out one of two things, I don't know if it's
- 17:55a mahlotas or not, but one of two things.
- 17:58Either you don't take the you delete the word ko and you just
- 18:03say pero TA olam. Or it's just an expression kind
- 18:06of. And it really means it could be
- 18:09anything, but you have to limit it to fruits or vegetables or
- 18:13something because it can't be ko pero TA olam or this whole thing
- 18:17wouldn't even now you could say ko pero T shabba olam and then
- 18:20it won't be ko. However, the TAAS points out we
- 18:24still want there to be a clause. And I don't know if everyone
- 18:26agrees, but the TAAS says even in this case, you want there to
- 18:29be a limiting clause in the middle of in, in inside your
- 18:32head without saying it to the tax collector.
- 18:35So you limit the shivua that it. So therefore it is Khal because
- 18:39we don't want to do a Shivu Atshav la Khatzila, right?
- 18:45That's that's under the category of Shivaat Hawaii, for example.
- 18:49And we just learnt in your gimo that we don't make these had any
- 18:54of these madarium. Whenever it's possible, we
- 18:56always avoid making even if it's not going to be tall, it's not
- 19:00something that should come out of our mouth.
- 19:01So therefore it's OK that answers that.
- 19:07Let's Oh my, let's try and finish here.
- 19:09It'll be Alvad shalootzi befive davarshu beferush nagan masha
- 19:15bolivo. Now this is an important clause.
- 19:18Now regarding Anas. You can have a tanai in your
- 19:21head, but it can't be where it's exact opposite of your actual
- 19:26words, right? OK, your mind and your words
- 19:29can't be the exact opposites, but I feel a little bit case.
- 19:32You're in a shiad who know their maximum.
- 19:34Now this is all true, even if the Anas just came to collect
- 19:37the money basically stealing from you and you can't.
- 19:40You said he he didn't make you make a Shiva.
- 19:43He didn't tell you to That was you did that on your own.
- 19:46So then you offered this Shiva. It's still not Khao again, you
- 19:51should do it though, but with The Tonight we said OK and it
- 19:54and then it's nidre onsen. Oh safely Doria Terry masha be
- 19:58kesh or he told you to swear that you're telling the truth
- 20:01and you did and you added to it. Kigo and Shamar though, and
- 20:05more. Konamsha Tenem Ishtha in main
- 20:07hakid varaka. Make a shuwa that you're going
- 20:09to be answered to your wife or if she to you, if you're not
- 20:13telling the truth, then who omare?
- 20:16You know what, not only my wife, my kids too.
- 20:19Konam ishti ubinai ubinai nahenim Lee oh should be Kashmir
- 20:24menushi ador vilanishpa or he told you to make an ad there and
- 20:27you said you know what, I'm not just going to make an ad there,
- 20:28I'm going to make a shuwa. Ain't no Klum.
- 20:31It's doesn't count for anything. Shukoma shiosa Eno OSA ella
- 20:35machmata onus ula khazek dvarov negera Anas.
- 20:38You didn't do it because you meant to to make the Shiva.
- 20:41You just did it in order to push them off and strengthen your own
- 20:44words. OK, haga vada kashanish babolo
- 20:48the fiev astari clavato bilibo the Asia tonight with vedera
- 20:53shilayustor masha hotze hotze the fiev.
- 20:57OK, so that's if you make a Shiva verbally.
- 20:59So then that's when you need to do this little tonight to limit
- 21:04your Shiva aval SAR O Shilton shhatsavu lahiri Malaysia Lahiri
- 21:11Malaysia Davar Shalakudin in the Otto harem Klum.
- 21:16I feel a bit to believe a not sorry.
- 21:19Now if he goes to the Kahal the the leader, I'm sorry, the ruler
- 21:23and the thug and he makes the city make a harem.
- 21:27So then they were the whole harem was forced upon them and
- 21:31therefore the whole thing is not it is just falls apart
- 21:35completely and you don't have to be a chi in it.
- 21:38Let me keep reading this part of all you know, I feel a bit to
- 21:44believe a not sorry. It's not even a call from the
- 21:46gecko. You don't have to have any other
- 21:48thing in your mind. The calls of Marie a location
- 21:51Efsha Lavar al shiguatova nidro Shiloh Yoda lagoi yvada lagoi.
- 21:59OK, so you don't, The only time we say it's you're allowed to
- 22:04now just ignore your harem or your when you do it to a Goi is
- 22:08if he's not going to find out. But if the Anasim or the Goi is
- 22:14going to find out, then it's going to be all right.
- 22:19So all this that we're learning about.
- 22:20So there's right, there's we have to worry about, then
- 22:23there's Shivua you have to worry about and then there's which we
- 22:28have to worry about very much. Remember, we learned before the
- 22:37story of Nebuchadnezzar. He made Sidkiyo make a shihuah
- 22:41when he caught him eating a raw piece of flesh from a think it
- 22:47was a rabbit. And he made him swear not to
- 22:50tell anybody. And sure enough he consulted
- 22:54with the Hakami and they said go ahead tell everyone in order to
- 22:57be Mevaze to embarrass Nebuchadnezzar and to to deride
- 23:01him. And so they did.
- 23:03And then eventually he found out and then Sikhiyao was punished
- 23:07because it turned out to be even though he was allowed to and it
- 23:10wasn't called another. According to this, it still
- 23:13became a Khalasham. Shakt just points out it could
- 23:16actually be that it was higher because from the mahi reveal
- 23:20that if you make a Shibuya not to reveal something, it's
- 23:25called. So anyways, that's just a focus
- 23:28on how to deal with the story of Sid Kiyo.