Latest / SHULCHAN ARUCH YOMI: Own the Halacha in 25 minutes a day! / Yoreh De’ah 236:2-5. Oaths, Shavuos: Expressive or In Vain, Korban, Lashes, On Someone Else or a Mitzvah; Kollel Additional Aspect

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Yoreh De’ah 236:2-5. Oaths, Shavuos: Expressive or In Vain, Korban, Lashes, On Someone Else or a Mitzvah; Kollel Additional Aspect · SHULCHAN ARUCH YOMI: Own the Halacha in 25 minutes a day!

• 0:00
  OK, good morning, Rachel Ahmedvab, Hilhut Shavuot.
• 0:04
  OK, we are starting with Gilmo today.
• 0:07
  Rachel Ahmedvab, Steve Gilmo. Just a quick partial recap,
• 0:13
  maybe I'll call it Humesh trivia.
• 0:16
  So we know the the the Humesh speaks about Shavua's Bitoy
• 0:22
  making it's an optional expressive Shavua to do
• 0:27
  something or not to do something.
• 0:29
  Where is that? That's in Viagra, the end of
• 0:32
  Parekh hay and it talks about bringing a Corbin.
• 0:36
  So just to point out, whenever you brew, whenever one it
• 0:39
  violates A shuvuat Bitoi on purpose, they get malchus.
• 0:45
  I'd be amazed if it's done be show gig.
• 0:47
  So then they bring a Corbin and what kind of Corbin in Olivia
• 0:53
  Red, an Olevia red is a korban khatas.
• 0:57
  Actually it's not an Ola, it's a khatas.
• 0:59
  And if it's a if it's a sheep. So then you know that's that's
• 1:02
  it's called an Ola via red because it depends on your
• 1:05
  financial status or your income. So if you could bring a sheep,
• 1:09
  it's a khatas. If you actually bring two birds,
• 1:12
  then one is a khatas, 1's an Ola or if the ani would bring a
• 1:18
  flower, just a flower. So that's why it's called an
• 1:22
  oleviurid. But there's a Corban for a
• 1:27
  chivouat Bitoi, if it's done to show gig, if it's a chivouat
• 1:31
  shove that we're also learning about, again, they're similar
• 1:36
  but different. A shove, if it's done on maybe
• 1:40
  Mazid, there's also Malchus. But if it's done to show gig,
• 1:47
  there's no corban. Nothing happens.
• 1:49
  It's an answer, but what? So we're going to bizarre
• 1:54
  Deschanel going to get there today.
• 1:57
  I think we will OK and fine. Regarding the shove, it's a
• 2:06
  discussion of the post scheme. If the if it's if you do a shove
• 2:12
  right away, so then it's Malthus.
• 2:15
  Otherwise, if it's something that needs time to find out if
• 2:19
  it comes true or not true, so then some say there's no malchus
• 2:24
  in those cases because there's well, it depends if it's telling
• 2:28
  everybody, somebody else, there's no Mesa.
• 2:31
  But that's just a good detail. Not for now.
• 2:34
  OK, let's do gimel inside and we'll see a little bit more
• 2:38
  about Vitui and Shah gimel vahmed varim amurim.
• 2:43
  OK, when do we say that? We're talking about a Shuad
• 2:48
  Vitoi. It's Shanishva Aldava, Sheno
• 2:51
  Bershuto. When do we say it's Asser?
• 2:57
  When a person makes a shuva on something that he has no control
• 3:01
  over? What do you mean Assurim?
• 3:07
  But you said it's Asser, but he wasn't.
• 3:12
  It's a Sir, but he wasn't over a Shivaat Vitoy and it's probably
• 3:20
  a Shivaat Shaf. Which cases Shinishva Aldavar
• 3:24
  Shino Bershuto. He has no jurisdiction.
• 3:27
  He doesn't own it. He can't make.
• 3:29
  He doesn't really have control. Kegon Shinishva al Shiman shalo
• 3:34
  Yelek Biskora O Coyote Baza. Like if it says, you know, on
• 3:39
  somebody else on Shimon, I'm making a shibu on you.
• 3:42
  You're not going to go to work today.
• 3:44
  You're not going to sell your business, sell stuff,
• 3:47
  merchandise in your business. So on that he he doesn't have a
• 3:50
  right to make a show on such a person.
• 3:53
  So then it might be right. So that's when we say it's it's
• 4:03
  a shibua that's in Avera ICA the coal dovarshi shakur bishwato
• 4:11
  however about IMA Shibuo al dovarshi Shiloh keep going
• 4:16
  Shiloh. You canas labeto coyote.
• 4:19
  But if you make him a you make a shibua, he cannot enter your
• 4:24
  house. So then Sarif Lee Zaher
• 4:28
  Bishwato. So then this person, the Shimon,
• 4:32
  this person who he made it on like he made a Shiva not to
• 4:35
  enter my house. So then he has to be careful to
• 4:37
  keep the words of the Mashviya, the one who made the Shiva.
• 4:43
  Now if he doesn't, So what happens?
• 4:47
  So let me take a step back. First of all, the post can have
• 4:53
  this is mainly from the Rambam, this Meimer, the Chauhanar, and
• 4:56
  it's the the post can do have trouble understanding exactly
• 5:00
  what's going on because if it's a lush on Shiva, so then
• 5:05
  normally we learn you can't make a Shiva on somebody else for
• 5:09
  what he's going to do. You have no rights.
• 5:11
  Even if you own your house, the only way you can answer your
• 5:15
  house on to him as if you make another via vis A vis your house
• 5:20
  on to him. So some learn that this is a
• 5:25
  nether. It's a lush.
• 5:27
  In other words, there are times we had this in the beginning.
• 5:30
  Maybe let's Ray Shabab, I forgot where we had this in the
• 5:32
  beginning of Helkosnadarn that sometimes we say again, it's
• 5:37
  it's a question over there too. But we say at least on Nadine la
• 5:40
  Cathila, we say that you can have an expression of a Shiva,
• 5:45
  but it's really a Nadine and you can use an expression of another
• 5:49
  and it's really a Shiva. Is that midora banana Midoraiso.
• 5:54
  So that's that was that discussion over there.
• 5:58
  And another words. It's called medin yados.
• 6:03
  It's like a shortcut and or you're using a, a different
• 6:07
  using an expression a a different lashon.
• 6:10
  Really. You mean to say another on this
• 6:14
  hefez. But if you say it in the wording
• 6:16
  of a shivua, we say that's what you meant to say.
• 6:20
  Words came out of your mouth. That's what you meant to say.
• 6:23
  It's like a it's like a shortcut for saying those words.
• 6:27
  I don't know. I don't want to use a Roche
• 6:29
  tables, but it's like using, you know, a code word type of thing.
• 6:35
  And it is and it can be called. So the question exactly on what
• 6:40
  level is it? Sorry for the Zaire mida raisa
• 6:44
  mida rabana. Now some post games say
• 6:48
  technically it's not in neder. It's a shivua.
• 6:51
  Aye, but a shivua can't you can't make someone else be
• 6:53
  calling a shivua. It's kind of like a quasi Shivua
• 6:58
  sounds more like a dander abana. They say it's like a Shivua
• 7:02
  bemictas and it's again, it's not so clear, clearly
• 7:05
  understood, but I'll point out OTAs says it's Medinat, it's a
• 7:10
  neder. And that's I think the
• 7:12
  understanding of the Rambam. Now an important just to to
• 7:16
  finish this topic, an important Hakira.
• 7:20
  So Mahlokis Rishoni. This is let's say we've had this
• 7:24
  before where a person makes a Ned there better to say it would
• 7:29
  be like my house is forbidden to revenge, right?
• 7:33
  I'm forbidding my house to revenge would be trying to stop
• 7:38
  revenge. A lot of proper relation of a
• 7:40
  show would say he I've you need to come into my house, right?
• 7:46
  Yeah, exactly. But a lotion of a Shiva is I
• 7:50
  forbid him to come to my house because you're doing it.
• 7:53
  You're saying he can't do the action.
• 7:55
  But we normally say you have no jurisdiction for a Shiva.
• 8:00
  That's what we're saying. So anyways, a person who makes
• 8:04
  another this really goes back earlier and I don't think we
• 8:06
  mentioned this point, but it's brought down.
• 8:09
  It's connected to this eve and that the ground mentions it.
• 8:13
  The if a person makes a nether and he ussers his house on to
• 8:19
  somebody else, right? You're not allowed to get
• 8:21
  benefit from my house. I'm making a nether conum and
• 8:24
  you you say it or you just say those words.
• 8:28
  I'm ussering my house on to you, right?
• 8:30
  That's the two ways to do it. So it's called and it's usser
• 8:34
  for that person to use your OK, So the question is, what's the
• 8:39
  answer? Where, where, where is there a
• 8:41
  love? What is it exactly?
• 8:43
  So the the Ron and the Rambam, they say, well, it's I think you
• 8:49
  don't really need them to say it.
• 8:50
  The Mishnah or the Bryce says Loke, he gets Malchus, right.
• 8:58
  And but the question is, OK, so we're going to assume that the
• 9:03
  love, I mean that's what they say that the love is LO Yahel
• 9:07
  Davaro. That's what they're showing him
• 9:08
  say. The law of the iser is based on
• 9:11
  that same pasak la yahel davaro. The question is though, who's
• 9:17
  over who gets malchus? It's not clear when it says loca
• 9:21
  or loca. If it's a lady, in that case
• 9:23
  doesn't matter daf tatvaab and the darn.
• 9:26
  But when you say loca loca, who is getting malchus?
• 9:31
  Which one is it? Is it the one who made the Shiva
• 9:35
  or is it the one who does? Who benefits from your house?
• 9:38
  It does the action to benefit. Or if it's a food, is it the one
• 9:42
  who eats the food that you that you own the food you made the
• 9:45
  nether on him or her and she eats it?
• 9:48
  Who's high of Malchus? Who gets the lashes?
• 9:50
  So that's the Machlochus, Rambam and the ram.
• 9:53
  The Rambam says, of course it's the guy, the one who makes the
• 9:58
  Shivua because the possum says LO Yahel Davaro, the shot of the
• 10:03
  pass up is you can't make your profane, your words, his own
• 10:09
  words that he made. He can't make profano that that
• 10:12
  can be done. So the law, the law, the love is
• 10:16
  only going on the person himself who made the Neda.
• 10:22
  But but if someone else does it, there's no maisa.
• 10:25
  So he says we're talking about a case when you like help him, you
• 10:28
  give him the food and and you help him out.
• 10:31
  You hand the the food in their hands or you, I don't know if
• 10:36
  you put in your mouth, maybe just their hands, whatever it
• 10:38
  is, you help them. And so then that's your maisa on
• 10:41
  your nether. The wrong says.
• 10:43
  I don't know. It's the one who does the action
• 10:47
  because the one who does the action does it.
• 10:49
  And when the puzzle says Loyaquel Davaro, it really goes
• 10:53
  on. Anyone, anyone can be Loyaquel
• 10:56
  can lower, can profane his word. It doesn't have to be the one
• 11:00
  who said it not what you're it's not the Pasha Pasha shot on
• 11:04
  first glance, but really they both they both certainly fit
• 11:08
  well. OK, so anyway, so how that
• 11:11
  applies over here, It's similar, similar.
• 11:14
  OK, let's go on to Dalid Nishba le Cha note ET a dual Adam.
• 11:20
  If a person makes a shivu on something that everyone knows,
• 11:27
  he says something different and everyone knows is clearly the
• 11:31
  truth. Keep going.
• 11:33
  What am I mean Al Isha who Isha? If a person says a Shiva on a
• 11:38
  man and says I'm making a Shiva that this is a a woman, we all
• 11:42
  know he's a man. I mean, maybe nowadays a little
• 11:44
  blurry, you won't get there. But if we all know it's a man, a
• 11:48
  man and he says it's a woman, that's called a well, let's keep
• 11:52
  let's keep reading. I'll Isha should be ish.
• 11:54
  If it's an Isha and he says a Shiva that it's an ish chaya
• 11:59
  mishum Shiva chav, right? The you asked what's a Shiva
• 12:02
  chav. So that's a Shiva chav.
• 12:04
  It's a Shiva in vain. Some OK, there's different
• 12:09
  types, the Hein. So here it's a little bit, it's
• 12:12
  a false Shiva too, but it's a Shiva in vain.
• 12:20
  It's possible to be true and the chav.
• 12:22
  Let's keep reading the Hein in Niswal Emmett la meta Emmett
• 12:28
  aldevarshwiya dua lacole is exactly what you said.
• 12:31
  A person makes a shivuah to say something is true to to state
• 12:37
  something that everyone knows is already clearly true and obvious
• 12:41
  to everybody here going al shanayim, shanayim, you're
• 12:45
  looking at 2 objects in front of you, 2 apples.
• 12:47
  Everyone sees 2 apples on the table and you just make a
• 12:50
  shivuah that these, that there's two apples on the table.
• 12:53
  But don't use a lashon as shivuah or you'll be over a
• 12:56
  Shiva. Watch out Well, Hayote Siebel O
• 12:59
  Aldevarshi EF shala a Soto different category.
• 13:02
  You make a shavua on something that's impossible to do it.
• 13:07
  So again, it won't be AB to it, B to it.
• 13:10
  Is it something optional that and and it's possible has to be
• 13:15
  something, right. And when you and and and you
• 13:19
  said you're going to do it and you don't do it or vice versa
• 13:21
  and past or future, that's B to it.
• 13:24
  Shav is more of a simple statement that's completely
• 13:27
  false or in vain. All right, Or it could be true,
• 13:31
  but also in vain or something that's impossible to do could go
• 13:35
  and Shiloh ishaan Shiloh Shah yamin, you make a Shiva that I'm
• 13:39
  not going to sleep for three consecutive days.
• 13:44
  That's impossible. Oshanishwa.
• 13:45
  Shiloh Shiva yamin. I make a Shiva, I'm not going to
• 13:49
  eat for seven consecutive days. That's also impossible.
• 13:53
  Oshanishwa shilo Yoko or he's makes a Shiva that he's never
• 13:57
  going to eat Miko ma. I mean, I'm sorry, Shilo Yoko
• 14:01
  miko piro chaba olam from any fruit in the world, right?
• 14:06
  And there's nothing left to eat, have a Shavuot chav.
• 14:10
  So since that's impossible to live and is there impossible to
• 14:15
  be makayan, it's it's not a Shavuot vitoi because it can't
• 14:19
  be done, but it's a Shavuot chav.
• 14:21
  The minute that you say it, it's already impossible and therefore
• 14:27
  it becomes you get Marcos Maquinoto, you got Malcolm
• 14:31
  straight away, Viache in the altar, the altar and there's no
• 14:37
  bitoi over here. There's no now you have to be
• 14:40
  makai in it. You already violated just by
• 14:42
  saying the words. The shuvu itself was the esser.
• 14:46
  So now and those things aren't binding.
• 14:48
  It was never called for the as a bitoi.
• 14:51
  It was, it was called as a Shah, but it's done already.
• 14:54
  So you're allowed to do those things.
• 14:56
  There's no problem with it. You can do it right away.
• 14:59
  OK, Haga nishva Stam, the person that makes a shavua Stam
• 15:05
  shaloyusha, he's not going to sleep, but Shaloya, he's not
• 15:08
  going to eat. Have kilu nishva Shaloya salla
• 15:11
  olam. If you don't specify a time,
• 15:13
  it's forever. And so therefore you can go eat
• 15:17
  and sleep right away. You don't have to wait a day or
• 15:19
  seven days, then have a shavuat chav and but still shavuat chav.
• 15:23
  That's what we just said. Hey, nish bashara Gamal pareyat
• 15:30
  babi. A person makes a chevua that he
• 15:34
  sees a a flying camel. You ever see one of those?
• 15:39
  Nope. And that's why I raised the
• 15:41
  chevua chav. Maybe AI can on the video you
• 15:45
  can, but not in not in real life.
• 15:47
  So if he says that it's a chevua chav can't be done, it's
• 15:52
  impossible. But he said it with Lushan
• 15:53
  Shibuya, that's a Shibuya chav. I feel Omar Shira a loaf Cadol
• 15:58
  perea oh mehaneo Gamal. Even if afterwards he says, you
• 16:04
  know, I was referring to this really big bird, a giant bird
• 16:09
  that was like a Gamal, and that's what I was referring to.
• 16:12
  Since it was so big, I called it a Gamal.
• 16:14
  So he's telling this after the fact.
• 16:16
  We already heard him, we already got warning.
• 16:20
  So now he's high of malchus. So that's something that's a
• 16:25
  huge exaggeration and everyone agrees it's going to be he.
• 16:29
  He got smuggles Haga but but hanishka al davar shuhu guzma.
• 16:40
  But if you just use a small exaggeration, now this
• 16:44
  exaggeration is impossible, but it's it's just a little bit.
• 16:48
  And so therefore it's understood that you meant it as an
• 16:52
  exaggeration. You didn't mean it to be
• 16:54
  literal. And therefore it's not called a
• 16:57
  Shiva Shah because it's kind of like Lushan Binayadam.
• 17:01
  It's a small amount. And this seems to be the stock
• 17:04
  according to the Rama Shakhanar and the Shah.
• 17:07
  The Taz, just as an aside, does have difficulty with it because
• 17:13
  he says, but he's using a Lushan of a Shiva.
• 17:17
  You should take it seriously. And if you're taking it
• 17:19
  seriously, you should be very specific and exact in your
• 17:23
  wording. So he doesn't understand how
• 17:26
  it's OK. Yeah, we're talking about the
• 17:31
  whole topic is the schwa. So if you so he says even a
• 17:35
  little exaggeration, then that would be even in a little
• 17:41
  exaggeration. That would be a schwa shop.
• 17:43
  Because it's it's not true. Yes, but if it's an understood
• 17:48
  and exact people speak in exaggerations.
• 17:50
  Are you saying it's us to ever make any kind of exaggeration?
• 17:53
  I don't think so. I don't think so.
• 17:56
  Amar Shivua Shiloh ocho matza person makes the shiweli.
• 18:00
  He's not going to eat matza. All right.
• 18:02
  Al sulocho matza Bella pesa. You made a shivua.
• 18:06
  Hey, but we learned you can't be mushbug, omeg, maharsini.
• 18:10
  Or if we didn't learn it, we will.
• 18:12
  So how is this call? Because he says I'm not going to
• 18:15
  eat matzo. That means all year, all year.
• 18:19
  This is an Ester cola or shibua cola.
• 18:23
  You're adding something as long as you're adding a kinage, then
• 18:27
  it's then it's hot. You're adding something extra,
• 18:31
  then it's hot again. Australia called matzo Bello
• 18:34
  pesa. So right, you're not allowed to
• 18:38
  eat it on El peso because that's included since you're answered
• 18:41
  matzo the whole year. So it's hull for the whole year
• 18:44
  and matzo is just included. So now it's a problem.
• 18:46
  So you have to do, you have to do a Tara to get out of it.
• 18:50
  OK, Shibuya Shiloh oka matzo Bella pesa.
• 18:53
  What if you make a shibuya not to eat on pesa, not to eat matzo
• 18:57
  on the night at pesa? So then loke you're loke.
• 19:01
  Why the oka matzo Belo pesa, you're allowed to eat it.
• 19:05
  It's not Kaul as a Shibuya Vitra like in the previous case.
• 19:09
  The previous case it included all year.
• 19:11
  So it's called as a schwad vitoi here.
• 19:14
  You said I'm not going to eat matzo and El peso.
• 19:16
  You're only Lil peso. Well, that's going against din
• 19:21
  in the in the in the in the Tara.
• 19:22
  I'm the first din in the Tara. So therefore it's not going to
• 19:25
  be called. That means it's not going to be
• 19:27
  called as a schwad vitoi. But it is.
• 19:30
  But you are right. So you don't have to worry about
• 19:32
  it. Go ahead and eat, do the
• 19:33
  mitzvah. But you did do an avera of A,
• 19:37
  you were over a shivaat shav. If you do a mitz, if you say a
• 19:41
  shavua to go against a mitzvah natara, then that's a shavuat
• 19:48
  shav. It's not called that.
• 19:50
  You have to keep it right as a B toy, but it is called.
• 19:54
  It is a shavua that you are over and Salah.
• 19:57
  You get Malkus fine. What No, no korban bischoggi
• 20:03
  because it's a shaft and if it's been amazing, it's Marcus.
• 20:07
  But either way, it's an SU der Isa.
• 20:10
  OK, Shalu shalo Asia bit cell. First it makes a shagua.
• 20:15
  I'm not going to eat in in a shadow Asura.
• 20:21
  Then you can't sit under a soda because your cell is any shadow
• 20:26
  all year. And now comes.
• 20:27
  So this time you want to sit in the shade of a shade.
• 20:31
  I didn't mean shadow anymore. Whatever.
• 20:32
  I mean shade. So here you can't sit in the
• 20:36
  shade of a circa. It's called because it included
• 20:39
  much more. So yeah, OK, Shirua Shiloh a
• 20:42
  shade the spell suka. But then if you say only a
• 20:46
  shiruwada only I'm not going to sit in the shade of a circa,
• 20:50
  then it's not called as a shuwa B toy.
• 20:53
  So there. But it is.
• 20:54
  You are over the shove Shiruwa chav.
• 20:57
  So loca biyoche bezel sukka and then you can immediately go go
• 21:02
  ahead and sit in a sukka, the ha, the shavua's Kali no davar
• 21:06
  mitzvah, the color. So whenever you the color means
• 21:09
  you add something 'cause if it's a straight shavua on a davar
• 21:12
  shabbah mitzvah, so then it's not going to be called as a
• 21:16
  beatoy. It may or may not be a shaft,
• 21:20
  right? Because if to do, if a person
• 21:24
  makes a shavua to be Mika, if a person is makes a shivua to be
• 21:34
  Makayam a mitzvah of the Tara, that's not a it's not a show of
• 21:38
  Vitoi, but it's already omen, the omen mushvah, the omen
• 21:42
  Marcini. And if you but if and if you
• 21:45
  make a shivua to be Makayam and mitzvah and the Tara, it's not
• 21:48
  going to be a Shiva. What shaft?
• 21:51
  Because it's it's you're just because you're going to do it
• 21:54
  and you're just supporting it. It's like a it's kind of like a
• 21:56
  lush on the nether zeros. Exactly.
• 22:00
  But it's it's not a shwat shav, Shwat shav against the mitzvah
• 22:03
  as if you do it against the mitzvah to be Mavato the mitzvah
• 22:06
  to go against the mitzvah. No, but the topic really.
• 22:11
  So that's it's a double topic in the SIF.
• 22:14
  It's talking about omen, the mushvah mushvah omen Marcini,
• 22:19
  and we're the isser the the Inyan issue of Isser kollel or
• 22:24
  Shibua kollel. So here we have the Shiva
• 22:27
  calling all of our mitzvah the kollel.
• 22:29
  Now that we said Ishwa could be called on something that's with
• 22:32
  the kollel hainu. So we're going to read the Rama.
• 22:35
  But all the postgame they disagree with the partial
• 22:38
  reading of the Rama. The Rama writes Dafka, the
• 22:41
  mitzvahs, assay of all the mitzvahs Lota say love a cola
• 22:47
  only applies with a mitzvah when there's an an assay involved,
• 22:56
  but not with a lotase. But the postgame say it's not
• 23:00
  really has really nothing to do with assay and lotase.
• 23:03
  And we're going to see this more.
• 23:05
  So we're not going to delve into it too much.
• 23:07
  We're going to see this more when we get to Lamid.
• 23:10
  I think it's Rachel Ahmed Ted. But the issue is if it's shave
• 23:19
  altasa or kumva asse. If it's a kumva asse that's when
• 23:24
  it's not khal. But if it's shave altasse so
• 23:28
  that's when it is khal as in iser kholo.
• 23:33
  Even if it's an even on a lotasse, there is always on an
• 23:37
  assay it's going to be khal as it's a it's a kumva asse issue.
• 23:41
  But when it's a lotasse. So it depends if it's and shave
• 23:47
  altas are nothing, right? Kumva say it's not called, but
• 23:51
  if it's a shave altas even on the lav, it will be all right.
• 23:54
  That's just a technicality. Do I need to see something here?
• 24:01
  Yeah. OK, so let's do Vav, if you have
• 24:03
  time. No, let's stop here.
• 24:05
  All right.