Latest / SHULCHAN ARUCH YOMI: Own the Halacha in 25 minutes a day! / Yoreh De’ah 206:5-208:1-2. Vows: Verbalizing, Am Ha’aretz, Yados, Nicknames, Unclear
Transcript
- 0:00Good morning. We are at Euridea Reshvav.
- 0:04We're in the end of Reshvav. Say if hey, Eljos Nidarnam, OK,
- 0:08we're in the Serbia of Yagos, where you say a little shortcut
- 0:13version and abridged version and it counts as if he said the
- 0:17entire thing. Hey, I know there's shaloh ochel
- 0:21IMA O shalo ochel IMA. Sorry, afilu yad lohave.
- 0:31That's not even yad. In order to say a shortcut
- 0:34version, there are basic minimum requirements.
- 0:37It has to be clear that we're talking of what we're talking
- 0:40about and it has to be appropriate.
- 0:43Let's explain. And basically a person says I'm
- 0:45making another that I'm not going to eat from you or that
- 0:48I'm going to eat from you, and that means I'm not going to eat
- 0:49from you. It's not enough because lashon
- 0:53Shivuahu, the LO lashon neder, because little technical detail
- 0:58we had before was that a shivuah is on the Gavra and a neder is
- 1:04on the the Hevza. And so here it's it's not a so
- 1:10it's a yacht for a Neder. It's doesn't it doesn't suffice
- 1:15because you, you didn't make a lashon of a neder on a Heifetz.
- 1:20You made it on yourself doing something.
- 1:23So therefore the yard, there's no yard for a nether.
- 1:28You know, he says I make a nether that I won't eat.
- 1:30Yeah, I make a nether that I won't eat.
- 1:34Right. So that's not a lush on Shavua
- 1:36and it's not a lush on nether and there's no yard for the
- 1:38nether. OK.
- 1:41If you look in the shock, just real quick, we'll just mention
- 1:44he says. However, if you were to say
- 1:47Mudarani Mimka, so that's a proper lashon of a Ned there for
- 1:53a yad, then he is Oser alatsmo and then we consider it a yad.
- 2:00But OK. But here it's not, it's not,
- 2:04it's not enough. OK, fine.
- 2:09We basically said the rest of that.
- 2:13Let's keep going. Well, now we're discussing the
- 2:15dining of yad. So we just want to clarify lush
- 2:20and Nader la Asos mitzvah. However, this is an interesting
- 2:24caveat to everything that we explained until now.
- 2:28Remember 2 main categories of Nadarium we said is a Lushan of
- 2:33Isser or a Lushan of matpis. On Hechtish.
- 2:38There's actually a third category.
- 2:40If a person does say a, a lushan, similar to we just had
- 2:44right now to, to do something of a dovar mitzvah like sedaka.
- 2:51So then it is khal, certainly regarding sedaka, that's for
- 2:57sure. I didn't Doraisa, as the
- 2:59Baragola points out, it's in dvarium.
- 3:02The Pasak says Befika and the Khazal say nadarium is zot
- 3:06Sedaka. It's referring to sedaka.
- 3:10I believe it's Doraisa. Maybe it's in Asmata.
- 3:13OK, it's not for now. But anyways, the point is you
- 3:17can even have a lush on similar to Shivua, but it's a lush on
- 3:21Venet. Well, somewhere a hybrid between
- 3:23Shivua neder and it's not a Caifetz and it's counted as a
- 3:28Neder. That's because it's Tafre Dovar
- 3:31mitzvah, right? We saw that by Yaakov Avinu, who
- 3:34made it a Neder recently in the partials, all of his money.
- 3:38What was that? He's going to do a mitzvah.
- 3:42He's going to get Sedaka it. It's not necessarily on a
- 3:45Caifetz, as far as I know. I don't think.
- 3:48It's not sure exactly. OK, Mio cave.
- 3:54And nowadays, the way people speak, that's how they speak.
- 4:03They say, I'm going to make another not to eat from you, but
- 4:05that's how they talk. And so therefore we should not
- 4:09be meiko en la hako. But sorry, Khatarak de Shaloyan
- 4:13Hagu Carlos Roche Benedarin. So in order to make sure we're
- 4:17not, we don't have kalas Roche we, we, we, we basically tell
- 4:22them you have to keep your word until you do.
- 4:24Hatara. We had this before this concept.
- 4:28Now the Shokanaraka then gives the second opinion.
- 4:32OK, not me, Karadin, but something to watch out for.
- 4:36He says, Viyesh Misha Omer. There is an opinion in the
- 4:39Rishonim, the neder shamar balashan shivua ushivua balasha
- 4:44neder. Whenever you say a net, when you
- 4:47make a neder with the lushan of a shivua that you're you're not
- 4:52going to do something and you're going to do something and it's
- 4:55not really proper, you know, technically the way we said it,
- 4:59but you. But whenever you do that and you
- 5:01kilo mix up the wording, it counts.
- 5:04Mahani midin yados. It is Khal Midin.
- 5:12Oops. It is Khalmidin Yados as the
- 5:17bridge version. OK Miu Benaziro shall see you
- 5:23but the Mahlokes and Mika de la Kula is by Nadarian.
- 5:28But when it comes to zeros to make yourself another, if you
- 5:31say it, everyone agrees it is Khal and it is 100% binding.
- 5:39Binding OK, I'll just quote from the the Berhatov in Ted.
- 5:47He says he quotes from Oblivi Ibn Khalid, a contemporary of
- 5:54the Sholtanar that Omar Haryani noder Revi Reviya goofy.
- 6:00If a person gives it says a person's I'm making another for
- 6:031/4 of my body. Hava Ki ilu Amar we consider it
- 6:07as if and it's binding hareni no derelitate ravit goofy vekhayev
- 6:12sedaka as if he said I'm going to make in a nether to give a
- 6:16fourth of my body and now it's Kayev to give the Sedaka
- 6:21accordingly. OK, just so be careful in your
- 6:25wording. Even when makhshava one should
- 6:27always say bleeder. We're going to get into this
- 6:29later on. I just one quick thing.
- 6:33We mentioned a question earlier and now we can fully understand
- 6:38it. To answer the question.
- 6:39We we learned that what happens if a person says he basically
- 6:43combines the wording kilo or adds the wording together in one
- 6:47sentence and he says to his wife, Asur Ali Kemo IMA, you're
- 6:54going to be ussered to me like my mother.
- 6:57So you combined you use the Lushan of isser, so that would
- 7:01be a Ned there of isser, but then he also compared it to a
- 7:04mother. So he's trying to you would
- 7:07think maybe he's trying to be mudpieced and duplicate his
- 7:10mother, but his mother's already ussered to him.
- 7:13So it's not a dovrhan naddur. It's not something that's
- 7:16comparable. So is it kaal or not?
- 7:19So we mentioned or if not we will basically it's a maklokas
- 7:23Akroni Rabikiva Agar holds it's a nidre isser.
- 7:28And this is in the beginning, I think of Rishv it's it's an
- 7:32isser and it's Khab is under nidre isser.
- 7:35And the fact that as he said the words, he did the Ned thereof
- 7:39isser and then he continued and compared it to e-mail.
- 7:41That's just extra maybe like to qualify his isser, but it's only
- 7:47to sephit words and therefore it's binding as Nidre isser.
- 7:52You'll see these as it's arakh even What's what's the din, the
- 7:56Araka Shokhan says no, it's not even Khal because when he adds
- 8:02the word, the adds the word Kaimo.
- 8:06What he's basically doing is a concept.
- 8:08I think we're going to see later on that if you make a nether and
- 8:12the PETA emo at the same time, you give like your way out as
- 8:18you make your nether all at the same time, then then then the
- 8:21nether is never even Hal again. Is it a Petak emo or not?
- 8:25That's obviously a mahokurakonim.
- 8:27How we understand it not to get it's you're giving you're giving
- 8:33the way out at the same time. So that's the exact.
- 8:41So it's a little hard. That's exactly.
- 8:44Do you consider Petak emo or not?
- 8:46I don't want to look confusing and hence it's a mahogas, but
- 8:53are you stating a word that's basically saying what you're
- 8:56doing is not Khal or it's impossible to be accurate?
- 9:00So whatever that's there or an internal if you're being mock
- 9:08piece on it anyway. And just one last thing that the
- 9:14ARA Kashogan explains why it's not Khal is so he holds
- 9:20according to everyone, it's not Khal because of Petahimo.
- 9:23But then he says there's another reason why again, we don't seems
- 9:27like we don't pass collect this opinion in the rishonium.
- 9:30But we understand, we're learning that there's two
- 9:34categories. One path is Nidre Iser and a
- 9:38separate path is Nidre hegdesh, which is has hatpasa.
- 9:43There is an opinion in the rishonium he quotes who says the
- 9:47really everything the primordial, the prime example of
- 9:51of nadarium is carbonis. So hekdish and even Nidre Isser
- 9:57is just an example of yados of yad to hekdish.
- 10:03So he holds, but it's it's two separate answers, but he holds
- 10:07according to that Rishon for sure.
- 10:08It's just the yad. And when you say kiimo
- 10:11afterwards, well then you're you're explained.
- 10:13You're showing what the rat Pasa is.
- 10:15He's 'cause he holds that Rishon holds every Nedre esters really
- 10:18just had to pass on to, but it's a shorthand that's anyway.
- 10:22So I just saved it for now. So you'd have the you'd
- 10:25understand the concept of yados, but that's anyways, that's OK.
- 10:31Let's go to Reish Zain new topic.
- 10:33OK, Simon Rey Zain din Kinuye Nadarian making, I don't know,
- 10:39nicknames or some kind of slang or different wordings that
- 10:42people know what you're talking about.
- 10:45Kinoy nidarian, Kinidarian. If you're going to use a, a word
- 10:49now here we're talking about nidre hectish, right?
- 10:53Or usually it's usually going to get duplicate a korban.
- 10:57So whenever you say a kinoy of a nedder, it's the same thing as
- 11:01actually saying the words of the nedder itself.
- 11:04Kaitzai, you said instead of saying the word sare, you know
- 11:08Kharze, what's it called? The korban alai or whatever it
- 11:12is, you say the words konam instead of the words korban, or
- 11:16you say konach or konas. And we mentioned before a couple
- 11:20different variable expressions or pronunciations.
- 11:25We mentioned and called nidre. But any one of these Shim, Amar,
- 11:29konam, okonas, okonam, kikarze, alai, asurabo.
- 11:35If you use any one of these expressions instead of the word
- 11:38korban, it's asur. And it always goes based on how
- 11:46people, whatever the modern day word is, you know any well,
- 11:50we're going to see any language, the word sacrifice, whatever
- 11:53people use then that is becomes binding as a kinoy nadaram
- 11:59kinadaram shiim yeesh lehem kinoy lynadar ven nadarabo
- 12:06avenadar. So if they use it, then it's
- 12:09binding. But then the, the Rama points
- 12:14out, we're going to see this soon that if you don't know what
- 12:23you're saying, you say an expression, you have no clue
- 12:26what you're saying. You're just mumbling and you're
- 12:28copying somebody and you don't know what you're saying.
- 12:30You don't understand. So then it's not because you you
- 12:36need to under here is the words of the grave.
- 12:40It's sorry, Piv Vilibo Shabin. I mean, we're going to see this
- 12:43very soon that whenever you make a Nader, you have to verbalize
- 12:48it and think it, understand it. And they have to be the same as
- 12:51if it's incongruent between what you're saying and what you're
- 12:54thinking. Like if you're it's a mistake,
- 12:57you meant to say one thing, but you said something else.
- 13:00So then it's not call at all. OK, we're going to expound on
- 13:05that soon, right? There's a shock points out.
- 13:10You know, everything goes based on lashon haam baotom baotom
- 13:14Markham baoto Zuman, right? Depending on where you live and
- 13:19what time period, whatever is used and understood, then that's
- 13:22a proper kinoi Avao kinuye kinuyim the heinu kinui chiraco
- 13:28carbon mihal lashon enochanende. But if it's too far fetched or
- 13:32it's like a kinoy to akinoy and it's doesn't sound like the word
- 13:36korban or something, something that's one of the the ekkar
- 13:39ideas. So then it's not it's not a
- 13:43neder, it's not binding. Haggah haneder hooba kalashan
- 13:47shiasa Allah mikre neder. Right.
- 13:50We said that in any language that you say it, then it is
- 13:54binding. You have the word yeh ASA.
- 13:57Yeah, I have shiasa shiyoma. Well, you are yes, there by by
- 14:03saying it. So I don't know somehow Shyama
- 14:07in the the shock, he just gives a couple examples from the
- 14:10Gemara that it's too far away. It's if you say MIT, I might
- 14:16even try to pronounce it the best way.
- 14:18MIT miknamna mekancha mekansa. It's not.
- 14:25It's not binding. OK?
- 14:26It's too far. There's the word korban, there's
- 14:28the word konam. But kanma is just too far.
- 14:31Even if he intended to make a nether, even if he intended to
- 14:35make another, it's not right? It's not.
- 14:39But again, it depends on the times.
- 14:41Now, certainly I don't think people use those words.
- 14:43OK, Simon Resh Khet DNA Islamadarman.
- 14:48No, they're now you just. OK, so now a person says here,
- 14:53let's let's read it inside Olive Stam Nadarim Lahmar, the person
- 14:59says an expression that's not clear.
- 15:03When it comes to Nadarim, we have to be Mahmar, especially
- 15:06since it's a gender Isa. But he didn't explain himself
- 15:11exactly what he had in mind. So then we go the khumra.
- 15:15OK Keitza. What are we talking about?
- 15:18Ahmar Beirut EI lo kebasar maliya.
- 15:21OK. Yeah, Nessa.
- 15:23He says he's going to say that these items are going to be this
- 15:27item, whatever is usser to me, like basar maliakh, salted meat
- 15:33or libation wine. So it's unclear are we talking
- 15:37about from the base of megdash or it would be a proper net
- 15:42there? Was it tagdash or maybe it's
- 15:44abarazzar, say asar alai. Yeah, yeah, yeah, yeah.
- 15:47He said are asar alaika basar maliakh.
- 15:50Oh no, no, not asar Ki karze allai kebasar Malia oh kiyen,
- 15:56right? Yeah, or parrot ailo, whatever
- 15:58he says. So in other words, he didn't use
- 16:01the word asar. So it's not a nidre isser.
- 16:03It has to be with hatpasa like nidre hagdish.
- 16:07So the question is, he didn't specify what it is.
- 16:11So if it's not clear, sheesh, bin marshmallow.
- 16:13Perhaps he meant right hagdish, which is right Malia shell
- 16:18kochem or like the carbonas aye NASA or shamaya neder.
- 16:26So then there would be another shahrehu madpiece bedevar anadur
- 16:31because then you are doing a proper expression about pasa.
- 16:35The yesh are the national, but it can also be interpreted as
- 16:40pasameliak vie NASA la varezar. It belongs to Varezar.
- 16:44How do you know? We don't know.
- 16:46Sheno sheno neder. And then it wouldn't be a neder
- 16:50because that's a davar esser shahre who might be svidavar
- 16:54asar anu tolimothele hachemer. So if he didn't specify, we go
- 16:59the khomra, the emu O mercedeito quebasa Melia vie NASA shell
- 17:05avada Zara. So if he would were to tell us
- 17:09now. So let's ask him, what'd you
- 17:10have in mind? So if he tells you I had a mind
- 17:13Avada Zara, which is a Davra Esser.
- 17:16So the Nahman we believe him. The ain't Sarik Shayla and we
- 17:20don't even have to do any kind of a dharas and Ataris
- 17:23Nadaraman, we have feel who AMA Aritz and even if he's an AMA
- 17:28Aritz. So right away the postgame, most
- 17:31postgame point out over here that this, this, this flows
- 17:36according to the Rahma who's a Makil and says by Nama Aritz, we
- 17:39only have we can trust him and we only have to worry about him.
- 17:43We only have to be mahamar if he says it with the wrong
- 17:45expression and a double S Sir for isht for Ishto, for Ishto.
- 17:52But if it's for if it's for other items, the Shokanara
- 17:58himself says for all items by an AMA Aritz, we have to be
- 18:02mahamar. So it's clear the Bach, the Gras
- 18:05say it's a clear Stira in the Shokanara.
- 18:08So Pasha says the Shokanara holds what he holds when he
- 18:11talks about the topic earlier and he's going to say this again
- 18:14later. But here apparently he's just
- 18:16quoting from, I think it's the Roche or whatever.
- 18:19And he just he it's not his own opinion, but he just goes along
- 18:25because it follows who he quotes.
- 18:28That's but anyways, it is it's Sarah.
- 18:30Yeah, the the Shah says the Shah Khanar holds what he holds, but
- 18:35he explains this eve to fit the Shah Khanar.
- 18:39It's a little bit of a difficult.
- 18:42He's he basically says he's an alma arts, but he's a talmah
- 18:45kahan alma arts and he had him and he knew the din that makris
- 18:50pedavar ESR Aloha venada and therefore you know, I in the
- 18:54Shah. But that's basically how he
- 18:56answers it. But it is a it is a bit of a
- 18:58stira and fine. So let's keep reading the imro
- 19:02of Anshi Hamakam Korian, Abasar Malia, Shell kochim, vasar
- 19:06Malia. If most people in the town when
- 19:11they say the word basar maliakh, they mean kochim.
- 19:15When they even if they just say the words basar maliakh, they
- 19:18don't specify. And most people in the town when
- 19:20they say yayin nessakh, shamayim, when they refer to
- 19:24yayin nessakh, they refer to shamayim when they say yayin
- 19:26nessakh. Some if they just say the words
- 19:28yayin nessakh. So then Eno Nahman and then we
- 19:34don't trust the AMA arts and we go by Rove, Vinay Adam, who says
- 19:40it is a Davaranaddur because it's and it's a Kochim and
- 19:44therefore it's the nether is Khal.
- 19:47So again, if we're not sure, then we can number one.
- 19:51You go by Rove #2 you go by. If you're not sure, you go the
- 19:55Khomrum. And if you ask him.
- 19:57So I guess the real Khalam you can trust.
- 20:00But a normal person in the arts he wouldn't and we have to be a
- 20:05Maher anyway. Suffolk the rice of Okhoma too.
- 20:08And let's go on to the next one. OK, one more at least base Nader
- 20:14Baher. A person says I use use an
- 20:16expression and you mix another with the word baherm.
- 20:19Naherm could also be Kochim could be a trap, trap, trap,
- 20:27trap. Well, that's what it about.
- 20:29It could be either 1. So that's the question.
- 20:31What did he have in mind? A person says stung another, but
- 20:34he says with the theorem. So then the the Ammar Luna Darti
- 20:39Ella be Carmel Shoyam. And then afterwards he explains
- 20:42himself and he says I'm talking when I said the word theorem,
- 20:47I'm talking about a trap, a lobster trap.
- 20:51OK, very good. So then and then bicorban or he
- 20:57says the word bicorban or he says I made AI made a a Ned
- 21:01there that I realized, you know, korban alive or we said before
- 21:07Karamalai, whatever it is. And this time he says villamar
- 21:10Luna darti ella bicorbanos mulachen.
- 21:13No, no, no, I meant when I said korban.
- 21:17I didn't mean korban to garish barko.
- 21:19I wasn't talking about hectis. I meant korbanos of the kings,
- 21:23King of England, whatever the king is hurray Atsmi or he make
- 21:28hurray Atsmi korban, or he says I'm making myself a korban.
- 21:32The Amar lona darti ella the etzem shinkati liyot.
- 21:38Wait, Shinkati liyot no derbo I was referring to, I don't know,
- 21:42a bone that I left over here. Konam ishti nahenitli the Amar
- 21:47lona darti ella ishtiya rishona shigerashti.
- 21:51And then he says I'm making a korban on my wife and that there
- 21:55I'm making my wife like a korban or a Conan, same thing.
- 21:58And then he says later on when I said that I wasn't referring to
- 22:01my current wife, I'm referring to a previous wife.
- 22:04So if it's a Talmud hakam so we believe him the a not sorry
- 22:10hatara and he doesn't have to do any hatara the imu ahma arts
- 22:14sarik Sheila Shelley Nagar kalos Roche benadarim and if he's an
- 22:19amma arts. So here he does say we do have
- 22:23to do hatara. We tell him it's usser to
- 22:27whatever he said until he makes hataras nadarian because we
- 22:31don't want him to. No, the piste chuva just points
- 22:34out that this is all based on nahamanas and the almaharets we
- 22:38do not trust. But he points out that it could
- 22:42be that in private if he knew what he honestly meant or had in
- 22:46mind. Because in order for it to be
- 22:48Khal Weibo shaving, so then he says so he crazes, he raises
- 22:56basically a question. I'll just point it out.
- 22:58Is it more of a dinner? He has no Nah manas or more of a
- 23:01canas. So that's I don't know the
- 23:04lesson of Sha Kanak is more of a canas, but I'll just I and sham.
- 23:08Let's finish reading Umiu be kharata sagi.
- 23:11But he says Kharata's enough. The inside Liftoh la PETA again,
- 23:16he only he only has to go to the Rav to get a tarus Nadai and
- 23:20because and just say he feels bad and yes, he regrets it
- 23:24because he doesn't have to do a whole petak and find another
- 23:26excuse, another way out, because it's this is the Almaar.
- 23:30It's because it's only a knas. It's not a real neder de Arisa
- 23:36right on this level, because he says that it was he.
- 23:39He had something else in mind. And so we're partially trusting
- 23:42him, partially not trust in him. The Bach says, sorry, he has to
- 23:47do a full PETA anyway. Just depends how far you take
- 23:50it. We eat him Avar Allah neder
- 23:54Inconsino tolenhog isser Kyamim Shah, avar Allah neder Vinod
- 23:58Behem heter. Now, whenever you give a knas,
- 24:02let's just finish this. Whenever you give a knas, you do
- 24:05it for the you have to give him a knas for the number of days
- 24:08that he violated his neder. He made a neder and let's say
- 24:12for seven days he was enjoying the thing or using the thing.
- 24:16He said it's going to be aser and we want to give him this
- 24:19knas. So we have to say, OK, wait 7
- 24:22more days that you for every day you violate it, you have to wait
- 24:25another day. And then we're going to do a
- 24:27taras and Dharma. Ah, we're going to get there.
- 24:30Is it until Shlo Shingam or not? So that's at the end of all.
- 24:34I know there never got more dharis.
- 24:35So but if a person makes a full real neder dharice of Alvar
- 24:39Allah but amazing consignato the aim matiri in law al inkan you
- 24:44know isser qiyamim shavar Allah. So if it's done for the nisadar
- 24:48isa, you have to wait the amount of days we make you wait.
- 24:52If it's only a qas over here we don't make you wait.
- 24:55We can be a matir right away. OK, Vinat, go ahead there.
- 24:59The EMI Mitchell, the Davar. But when it's Dereissa, we want
- 25:03to make him wait. Let's in our example, let's say
- 25:057 days. You want to wait seven days?
- 25:07But if we think he can't even hold himself, control himself
- 25:10for those next seven days, fine. So then we'd just be mocked to
- 25:13him right away. If you make yourself, if you
- 25:22included Dagan, then the whole thing's not called.
- 25:25We'll get into that. But you did all the payrolls in
- 25:27the world except for Dagan. But the guy can't wait a whole
- 25:31week and have zero fruits and vegetables.
- 25:33So then we know he's going to fall with Mati right away.
- 25:37The Avrilov material on Miyad, the encontigental in hold is Sir
- 25:40Kayamim Shavar Allah of Kade Shalaya Volvinde Nixo 'cause
- 25:44he's just going to fall again. We're not, that's not the point.
- 25:46Miyesh Misha Omer shalmi komako Misha hakumar Allah shalatiya
- 25:50becharata Allah bepeta but we want to be make a markman that
- 25:55it's a we do a full pet of not just karata umi Zen nil model
- 25:59Misha asar al atsumabastor the yayin EMI avora Vera plonit.
- 26:03If a person says I'm going to if I do this Avera, I'm going to
- 26:06ask for myself to meat and wine. He's trying to prevent himself.
- 26:11Think it's retroactive and not positive.
- 26:13Think it starts when he does the Avera.
- 26:15Maybe Misha asar al atsum Basra and Emia.
- 26:17OK, maybe the Alvar Aleha baloney's army Buster vian
- 26:22lahater nidro shamatiri lomian immediately the a not sorry
- 26:27clean hog is Sir Kayami Mishnagwa matter kashash mishal
- 26:32badava. Because then we're afraid he's
- 26:34going to fall again. We're going to get to the 30
- 26:37days tomorrow. Let me just read the last line
- 26:39of the haggah. MU IM nirala hakam shiukhala.
- 26:44But if the hakam was involved, thinks he could restrain himself
- 26:48and keep it. So then a material know achinhag
- 26:50isser kyamim shenahagbahan Hatter.
- 26:53So then we don't monitor him until those days go by.