Latest / SHULCHAN ARUCH YOMI: Own the Halacha in 25 minutes a day! / Yoreh De’ah 217:36-47. Vows: Based On Common Meanings

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Yoreh De’ah 217:36-47. Vows: Based On Common Meanings · SHULCHAN ARUCH YOMI: Own the Halacha in 25 minutes a day!

• 0:01
  OK, good morning. We're continuing with ratio at
• 0:03
  Zion. We are si EF lamidwav nadar MI
• 0:08
  ro E hakama. The person makes another against
• 0:13
  or not got any benefit from anyone who is ro E hakama.
• 0:18
  So what does that mean? Let's keep reading.
• 0:20
  You will understand a little more as we read.
• 0:22
  So it's asur AF besumim it. It's even asur for blind to get
• 0:28
  benefit from the blind. Because you said Roe hahama,
• 0:32
  let's read shaloh nitkaven ella Misha Hama ro E Otto because
• 0:38
  based on at least Lushan Binayadam, it really does depend
• 0:41
  on the times when one says or one in the olden days when one
• 0:44
  said MI Roe hahama. Really the icker kavana was that
• 0:49
  the sun can see him, not that he can see the sun OK, there's it's
• 0:55
  a little bit of both, but primarily it means that the sun
• 1:00
  sees the can see the people. So the sun can see a blind
• 1:06
  person La afuge Dagim, the ubarim.
• 1:10
  However, this excludes, right, the nether does not need for us,
• 1:14
  does not apply to fish 'cause it can see it in the words of the
• 1:18
  Baragola from the Gemara, because Daguim are in the ocean,
• 1:27
  so the sun doesn't have clear vision of the fish, so they're
• 1:30
  not included, right? That's and again, obviously
• 1:33
  there's some fish that get pretty close to the surface or
• 1:36
  pop out, but that's, that's what it means.
• 1:38
  He goes by the whole Hashimanyadam for the whole, you
• 1:41
  know, category. So that when people say that,
• 1:44
  that's what they mean, the Ubarim and all fish he can have,
• 1:50
  even all fish you can have, of course, all fish, because that's
• 1:53
  not what he had in mind, unless that's what he had in mind and
• 1:57
  the Ubarium and the fetuses, because they're obviously inside
• 2:00
  their mom and the the boom stomach, whatever.
• 2:03
  So therefore the son cannot see them.
• 2:06
  All right, pretty obvious. And like Rob points out, if he
• 2:10
  would have said it mean haroem, it would have been a little bit
• 2:12
  different. But he uses the words ROH E
• 2:15
  hakama. Fine, let's keep going on haka.
• 2:20
  Yeah, even though Uber right doesn't apply, right?
• 2:26
  Very good. And and I'll just point out.
• 2:30
  Well, let's keep reading and then you'll see Hagar the filo
• 2:33
  Amar lo need kavanti lokah Lomahan.
• 2:38
  Even if you tell them I did not have in mind.
• 2:42
  You know what you're telling me I did not have in mind?
• 2:44
  Let's say the blind, it doesn't matter, Hoyo, the haloshan vedai
• 2:50
  kah, because that's what you said.
• 2:55
  If you said it and we all heard it and that's what it means.
• 2:59
  Just because you have, you know, you're the 1% and you have your
• 3:03
  one definition that no one else uses, or you had kavana for
• 3:07
  something else. You say dvaram, shebale vedam,
• 3:10
  dvaram. Well, we don't listen to you.
• 3:12
  That's the clear halacha. Doesn't matter if you're a
• 3:14
  talmah khaka Murama arts, we don't listen.
• 3:17
  However, the question is why not?
• 3:19
  So just a quick refresher we learnt regarding the volume, she
• 3:25
  believe Adam's volume, it's a Mahloquet.
• 3:26
  According to the to the if a person has in mind, there's a
• 3:32
  principle that says she believe Adam's volume.
• 3:33
  So everyone agrees that's if you make a mistake, you meant to say
• 3:37
  one thing, but you said something else.
• 3:40
  It's clear what you said, but you didn't your, your, your mind
• 3:44
  was thinking something else and it just came out something
• 3:46
  completely different that everybody agrees.
• 3:48
  Why I'm should believe, you know, it's not nitsvous, it's
• 3:50
  not Khal. What happens?
• 3:53
  It's not nitsvous, it's not Khal.
• 3:54
  If you said one thing and you meant to say something else.
• 3:58
  I meant to say black, but I was I meant to say black.
• 4:01
  That's what I was thinking and that's what I wanted to be.
• 4:03
  Oh, Sir, but I accidentally red came out of my mouth.
• 4:06
  So then it's not Khal and you can have right.
• 4:12
  So sometimes we say the sometimes we say your mind has
• 4:17
  to be In Sync with what you say, but sometimes we say the volume
• 4:22
  should believe any of the volume.
• 4:24
  It doesn't matter what you have in mind.
• 4:25
  So how do you we touched upon this before just a short, quick
• 4:30
  review. So that's right.
• 4:34
  So if you meant to say something else, everyone agrees it's not
• 4:37
  called because you can't make another.
• 4:40
  If you meant something else and you said something else, two
• 4:43
  different things. Everyone says leave in people
• 4:49
  shop. They have to be In Sync.
• 4:52
  So OK, so here he meant to say the words anytime you mean to
• 4:59
  say the words and you said the words that you mean to say, but
• 5:05
  you had in mind to exclude this or to exclude that or not this
• 5:10
  or not that. You had this extra kavana in
• 5:12
  your mind or you meant to make a joke and you you didn't really
• 5:16
  mean it. But if you but you meant to say
• 5:19
  those words it you know, maybe you didn't really mean to take
• 5:22
  it upon yourself, but you said those words and you know what
• 5:25
  you were saying. So that's a mahokis.
• 5:28
  We already had that. So the Racio Saif Shokanar based
• 5:32
  on the toeso says it's not, it's not khal, but we don't let you
• 5:38
  get away with it, even if you're a Talmud hakam and we make you
• 5:42
  keep your nether. And you, if you want to break
• 5:43
  it, you have to do Natara Sundaram.
• 5:46
  According to many or most of the post Kayashkanas Shah Taz de
• 5:50
  Bach say on that case, no, it is khal and we say dwaram, shibli
• 5:56
  veyam dwaram. Now there's all agree to the
• 5:58
  same halacha question. Is it, is it more of a canas or
• 6:02
  we don't believe you issue, or is it more of Dwarim?
• 6:06
  She believing in Dwarim and it's Ma and it's Ma meshchal MI
• 6:09
  doraisa. Because you can't.
• 6:12
  If everyone knows what you said and you said what you said, you
• 6:15
  can't just in your mind undo it. So it's a whole, it's a
• 6:18
  fundamental and how do you deal with #1 like you said, 22.
• 6:25
  I won't say conflicting, but perhaps conflicting concepts.
• 6:30
  One is libel. The P Shavim or Dvarim should
• 6:35
  believe Enam Dvarim. So that goes back to here, but
• 6:38
  everybody agrees. If everyone knows what you mean,
• 6:41
  then it's then it's exactly what you said because that's that's
• 6:46
  the words. That's the only one way to
• 6:48
  understand it. The OK, if it's not so clear
• 6:52
  Rove and this and that it's 5050.
• 6:55
  So then let's go, you know, look back Rashad Rashid and in those
• 7:00
  Serbias and let's let's go on this.
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  I don't get too much out of focus, OK, Umutar behold
• 7:08
  avarsheno BA al Haim of Alpisia Hama royoto.
• 7:14
  So you said the words Roe Hama. So we said that means what the
• 7:17
  sun can see. But we all know that when a
• 7:20
  person uses that expression against Lachaum Banayadam, it
• 7:23
  means it means alive creatures. It doesn't mean plants, it
• 7:28
  doesn't mean things hiding in the ground, it doesn't mean
• 7:31
  inanimate objects. It means Bale khayim.
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  And as Tosuo says, I mean, first of all, that's what people mean.
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  And he also says because it does use the word roem.
• 7:44
  So it really refers primarily refers to the sun seeing people
• 7:50
  or animals, but it also has to be something that can see.
• 7:54
  So again, I am the beginning of Hagiga, but it's a little bit
• 7:58
  of, you know, the Pinea bias to see the base of English with the
• 8:03
  Rahway. But it's a little bit of both.
• 8:04
  It goes a little bit of both ways.
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  Still have both have to see or be able to be seen.
• 8:10
  Again, it's really based on Leshombe and Adam because that's
• 8:13
  what people have in mind. OK, continue the IM nadar mero
• 8:20
  ME ro IM hakama those who can see the sun to the shalkhana
• 8:25
  hakbaskans mutter best sumim then.
• 8:28
  Then it's it is mutter because you said rohim hakama seen the
• 8:34
  those who see the sun can or can see the sun and as summa cannot.
• 8:39
  So when you say mero IM hakama it means those who see the sun,
• 8:43
  not the sun who can see them. A little bit of this, no
• 8:48
  animals, of course, animals we can all see with the it's OK.
• 8:53
  The Bach and the Shah and Todds, they do disagree a little bit
• 8:56
  and they say, well it depends. If you just use the words miro
• 9:00
  imahama, then they say it's the same as ROI ahama.
• 9:03
  In order for it to be motor for blind, it needs to say MI ro M
• 9:08
  ET hakama. OK, Again it really goes by
• 9:11
  Lacha Beriadam. OK, OK, let's go on Lahmed Zion
• 9:20
  next case. This is also from the Mishna
• 9:23
  Nadar Misha Joray Harosh. A person makes a nedder from
• 9:28
  those who have a blackhead. That's the literal translation,
• 9:33
  all right, Shahor. It comes from the word shahor
• 9:35
  black. And really it means men.
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  That's what it means, and everyone knows that When, at
• 9:40
  least in those days, if you would use the expression Shahori
• 9:43
  Hirosh, that meant men. It doesn't mean black heads.
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  It means black hair on the heads.
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  And generally speaking, most men have black hair.
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  And you can see that they have black hair because sometimes
• 9:58
  they cover their head, sometimes they don't cover their heads.
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  So that's who it refers to. You'll see why I'm explaining
• 10:04
  all this. But again, it goes on the
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  general, I don't mean species, not the right word for it, but
• 10:11
  the category because that's what people refer to when they say
• 10:16
  blackheads, OK, Asura bakrachi. And it includes those who are
• 10:22
  who are bald, because when a person says that expression,
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  they don't mean literally those who have hair and black hair.
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  It's just that's the general category.
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  And so that it became to use that.
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  No, not nowadays. We don't have this.
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  We don't have this. I've never heard of this
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  expression ubaal E seva. And even if you have, if you're
• 10:45
  old and you have white hair, it would also be included because
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  when a person in those days use that expression, they meant men.
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  That's what it meant. And it la fouque to exclude.
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  Let's keep reading. Umutar Benashim ubiktanim and
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  there's they're not included women and children Shane Nikreim
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  Shikhari Hirosh because they're not called blackheads.
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  Ella Hanashi because men and starting from probably starting
• 11:18
  from bar mitzvah sounds correct. Now I'll just point out the bear
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  goal also just brings this. It's because they sometimes they
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  cover their hair and sometimes they don't.
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  So you can see it and most of them have black hair, right?
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  Most men doesn't mean literally black, even brown, but whatever.
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  Now women, so they usually have their head covered.
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  So that's all. That's why.
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  And even though they have black hair, it became known not the
• 11:47
  expression applied to men because men you would see it.
• 11:50
  Women, you would never see what color of hair they have because
• 11:52
  it was always covered and it says catanium.
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  They always had Gili Roche and you would always see their hair.
• 12:04
  I'm not sure exactly, but since they always had their hair
• 12:07
  uncovered, I guess sometimes it would be blonde.
• 12:11
  Sometimes I don't know, I'm not sure, but it became known for
• 12:15
  men. I got I know there Nicole Davar
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  Shihuadom. A person makes a Ned air from
• 12:20
  anything that is red. He's not going to get any
• 12:22
  benefit from anything that's red.
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  So listen to this. You're not allowed to look at
• 12:28
  the sun. Or really it means to benefit
• 12:31
  from the sun. As the shock points out, that's
• 12:34
  what it means. You can't even benefit.
• 12:35
  Why Shagam Kinhi a Duma? Because it also is red.
• 12:41
  It gives a red hinge or sometimes it's red.
• 12:42
  I don't know. That's Yeah, I think that's too
• 12:46
  far removed. I think if somebody said red,
• 12:48
  that didn't mean it's already a that includes sun.
• 12:52
  I don't think anybody would have included anything that's
• 12:55
  benefited from the sun. I mean, it's the whole planet.
• 12:58
  I don't think, I don't think that's possible to think that
• 13:03
  benefits from his own blood. OK, I know there, I know there
• 13:15
  Mishovte Shabbat. And so you read that from those
• 13:18
  who keep Shabbos from Shalmery Shabbos.
• 13:21
  A person makes another from Mishovte Shabbos asur AF the Ku
• 13:25
  team. So not only are all Jews asur,
• 13:28
  but even the Ku team or the Shom ronim, because we're all Matsuva
• 13:33
  on Hilko Shabbos. So if a person it could be, you
• 13:38
  know, nowadays with all our labels, maybe, OK, I don't know,
• 13:45
  it would apply only to someone who's from or not from perhaps,
• 13:49
  perhaps, OK, maybe you have maybe you can ask him what he
• 13:53
  had in mind. Again, if it's cases that are
• 13:56
  clear that there's basically one definition, then we then we
• 14:01
  don't listen to him. If it's something that's very
• 14:03
  unclear, then we do ask and listen to what he's doing.
• 14:06
  And if it's Rove so that it's a question I what we learned
• 14:11
  before now, non Jews are not suvenelka Shabbos.
• 14:14
  So therefore their regular non Jews are certainly not included.
• 14:17
  Lama Tete nadar me Ole Yushalayim.
• 14:21
  A person makes a Nader from someone who goes up to makes to
• 14:25
  visit Yushalayim, the old city, the OK asur biusur.
• 14:30
  So then he made such a Nader. So now it's a certain benefit
• 14:33
  from any Jew. But it's mutter BER kutiim and
• 14:37
  it's a mutter for it's mutter for to get benefit from a kuti
• 14:43
  or a shonroni. Why?
• 14:46
  Because they don't go up to efficient enum olim sham alpha
• 14:50
  Pisha Mitsuvi Maza is what it's brought down in the Shah Joseph.
• 14:54
  And as they go up to their tahara grisin and instead of
• 15:00
  Yuushalayim, that's and and they're not like kofa.
• 15:04
  They're not, you know, they, they agree that there's Shabbos,
• 15:08
  but they don't agree to going to Yushalayim.
• 15:11
  They chose hargrezium. Nowadays you can even go see
• 15:14
  them bring korbanos on Hargrezium.
• 15:17
  They show moneum, I forget exactly where.
• 15:20
  So wherever they, I mean, it's on a hargrezium.
• 15:23
  They they bring the korban pesoc, for example.
• 15:29
  OK, Should you see or not see? It's a good question.
• 15:33
  Well, she says not, but not appropriate.
• 15:35
  But no, these are not crime. There's Shomonim kutin, same
• 15:41
  thing and they're nowadays they do.
• 15:43
  They bring a Corbin Pesach and Hargreaves men nadar MI binay
• 15:49
  Noah aser but Umosa olam first it makes another against Binay
• 15:53
  Noah. So that includes all of non Jews
• 15:57
  O mutter Bistro, but that excludes Jews that it's it's
• 16:01
  mutter OK nadar MI Zerah Avraham asar bisra person makes another
• 16:09
  against Zerah from Zerah Avraham.
• 16:12
  So that only applies to to Jews because only Jews are called
• 16:17
  Zerah Avraham or Zerah Yitzhak. Asav and Ishmael did not merit
• 16:24
  that name, even though they are, you know, physically lineage, it
• 16:30
  doesn't matter Ubigerium and it's also as Ubigerium because
• 16:35
  once they convert, now they become part of Zarah Abraham
• 16:38
  Ulmutter, the Uma Saolam and it's mutter to Fernandez.
• 16:44
  I feel that we've been a Ishmael, the Asaph, even from
• 16:47
  Ishmael and Asaph I'll just point out just because it's in
• 16:50
  the shock and it's Kurkhazara in the end of Mount Mem Silkat and
• 16:55
  Membet. That's not really relevant for
• 16:57
  our purposes. What it just points out it's a
• 17:01
  distinction that a person can be Mahdish Dovar in the future.
• 17:05
  Shalabah olam item. It's a physical item, it has
• 17:09
  physical properties, but right now it's not in physical
• 17:12
  existence. It's nowhere.
• 17:14
  One could still make a nether and be haul on such an item
• 17:17
  because it will be a physical hafitz, but not for hectic.
• 17:22
  You can't 1 cannot. You can make a nether on
• 17:25
  something, but you can't actually be maktish something.
• 17:28
  It can't become haktish on something.
• 17:31
  Shiloh Bala Ola. Why?
• 17:35
  It's just Khazar and it's in the Shah.
• 17:36
  I just wanted to. There's no relevance to what
• 17:39
  we're doing. The Shah makes it relevant for a
• 17:43
  particular case, but that's not for us.
• 17:45
  Mehmala nadar mehar aailing a person mixing nadar from a
• 17:52
  railing. Abraham accords.
• 17:54
  Abraham Accords don't make a difference neither me.
• 17:56
  Areal in person makes another from aralium asser.
• 18:01
  Unless you specify Abraham Accords.
• 18:04
  Fine, that's not a story. A person makes another against
• 18:07
  aralium. Use those words.
• 18:09
  So it's asser bimule one second aralium asser bimule uma saolam
• 18:17
  almuter be arele Israel. Aralium literally means non
• 18:24
  circumcised, right uncircumcised and mulay whatever refers to
• 18:30
  circumcised, but it goes by lush and Benet Adam and not by
• 18:35
  literal per person. The the right the category
• 18:40
  again, not specie, but the category or whatever it is.
• 18:43
  The group of people called irelium means non Jews.
• 18:47
  So that's what it goes with. If you make another against
• 18:49
  irelium, it means non Jews. That's what it means.
• 18:52
  That's what you had in mind and if and it's similar to by a Jew,
• 18:55
  even if the Jew is uncircumstances uncircumcised.
• 18:59
  OK, mem Gilmum Nader Miesrel. He uses the word Nader miesrel
• 19:04
  aser Bulgarian and it so then it becomes aser from converts as
• 19:09
  you use the word Israel. Sorry, it's also Garium are now
• 19:18
  part of Israel, right. So therefore, if you make
• 19:21
  another from Israel, it includes converts because now they're
• 19:25
  part of Israel. But if you specify is Garium are
• 19:30
  a subcategory per SE again, doesn't mean any lower, but it's
• 19:36
  it's But if you specify mad Gharim, so then it's usser from
• 19:39
  Gharim because that's what you said.
• 19:40
  But it's but it is mutterby Israel, because if you meant to
• 19:44
  include Israel, you would have said Israel.
• 19:46
  The fact that you specify Gharim, it's like, you know,
• 19:49
  specifying, you know, or you specify a certain group of Jews
• 19:53
  from a certain country if you use that name.
• 19:55
  So that'll because you use that name, of course, that'll exclude
• 19:59
  the rest of Israel, right? If you point, you say Ashkenazi
• 20:02
  and you say Dota Mizrah, you say Moroccans, you say whatever you
• 20:05
  say. That's SY is whatever you wanna,
• 20:08
  whatever you wanna. It's a subcategory.
• 20:12
  OK, Very easy to understand. Memdalid Nadermi Israel person
• 20:17
  makes another from Yisrael. So then Aser be Kohanima Levine
• 20:21
  that includes Kohanim and Levine because they're part of Vinay
• 20:26
  Israel. But if you unless you specified
• 20:29
  to exclude them, but if you just said the words Kohanima and
• 20:33
  Levine, then it's Mazerbe Israel because then, right, That's a
• 20:36
  subcategory that's more specific.
• 20:38
  OK, mem, Hey, person made in nadar Mein kohane.
• 20:42
  So if you just if you say the words kohaneim, so then mutter
• 20:45
  bolivim. So then mutter bolivim MI levim.
• 20:47
  If you specify, you just use the word nadar on the words on the
• 20:51
  word levim. So then it's mutter be kohanim
• 20:54
  because they're different. Even though, right?
• 20:57
  Even though kohanim do come from levim, when a person specifies
• 21:00
  one category, they usually mean not the other.
• 21:04
  Memvav nadar, yeah, bannim. A person says the word bannim,
• 21:10
  Muttari bannim, if you say children.
• 21:12
  So again, for some halakhas or some concepts we know about a
• 21:16
  Talmud and we know a grandson there's sometimes they're called
• 21:22
  right bannim or sometimes called bannim.
• 21:24
  But normally for nadarim, what bannim?
• 21:29
  Mariam ke bannim Exactly. So we do have that for certain
• 21:34
  concepts, but for Lashon Binaya Adam of Nadarian, that doesn't
• 21:38
  that doesn't go because you would have said grandchildren.
• 21:41
  That's the way people speak. OK, if it changes, maybe it
• 21:44
  changes from century to century or Moshe asked for an adopted
• 21:47
  child mem Zion. Oh, let's do one more.
• 21:50
  We'll say the last for last Mish.
• 21:52
  Another Anisha Aldevara hoots MI moa dos says someone says
• 21:57
  another Shuru or whatever it is and he says it's going to apply
• 22:00
  except for uses the words MOA dos the yamim tolvi.
• 22:05
  So so then basically the question is, does that include
• 22:11
  Hanukkah Purim? Does it include the day of a
• 22:13
  Bersmila? So let's read.
• 22:16
  I added the the question of Bersmila.
• 22:18
  I think it's the same. I am Omar Shabadito haya lahotsi
• 22:21
  gam khanukal Purim, Mehclaw Neman.
• 22:25
  So, so then we listen to him since Stam we would not it's not
• 22:30
  included in there. It's if you say Yamim tovim, it
• 22:34
  usually probably does not refer to Hanukkah Anpurim.
• 22:38
  So therefore it would be included stum if he didn't even
• 22:42
  know what he had in mind. So then it would include it.
• 22:45
  Sorry, then it would not include Hanukkah Anpurim.
• 22:48
  So if he's makes a net there to exclude Yamim Tovim, it would
• 22:51
  still be usser on Hanukkah Anpurim or an abrasemila, right?
• 22:55
  We had this by let's say a yard site.
• 22:57
  If a person uses a lotion of a neder.
• 23:00
  So if you make a proper neder and you want to you say I'm only
• 23:04
  excluding Yami Tobin, well then you still have to keep your
• 23:06
  neder for Hanukkah, Purim and Abrasemila unless you do a taras
• 23:10
  and dying. But if he tells you, then we
• 23:14
  believe him. Here we say we believe him
• 23:17
  because it is ambiguous and it is possible that's what he had
• 23:20
  in mind. So therefore we believe him no
• 23:23
  problem.