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Yoreh De’ah 234:6-11. Vows: When Can a Father or Husband Annul a Vow · SHULCHAN ARUCH YOMI: Own the Halacha in 25 minutes a day!

• 0:00
  Rae shalam adalat hokhos Nadarian yarn si eve Bob OK, so
• 0:05
  this is a little bit of a continuation.
• 0:06
  We've been talking about Hafaras Nadarian.
• 0:08
  Let's say we're talking about we have a Nara or Cortana.
• 0:16
  When there's boat and there's an engagement, right?
• 0:19
  They're hologically engaged. There's Aerosene slash
• 0:22
  Kedushian, same thing, you give the ring whatever it is, and now
• 0:27
  there's a father involved and a husband involved and they're
• 0:33
  they're more or less equally intertwined for her Nadarn over
• 0:39
  the entire nether, as Erica Shulkin points out.
• 0:42
  I mean, it's a Deborah pusher I think.
• 0:44
  It's not like each one could be made for half of her nether if
• 0:47
  she makes another on 2 items. They're both 100% on involved on
• 0:52
  the entire nether and you need both of them to be made for
• 0:55
  both. So here we did see that if one
• 0:59
  is nature instead of weak Ted. OK, so IM kiyem ekhad.
• 1:03
  If either the father or the husband, either one of them.
• 1:07
  They're makayam the nether right?
• 1:10
  They hear about it when they and then they say, OK, it's fine.
• 1:14
  Afilu Khazar venishal al hakama. Even if they want to do they
• 1:20
  want to undo that? They agreed to it Eno Yahoo
• 1:25
  lahafir EM hashemi ID Yahoo lahafir EM, right?
• 1:29
  So now the second one can no longer do Hafarah.
• 1:33
  Now, if it be let's say a normal case, let's say 25 year old lady
• 1:39
  with her husband, there's obviously no right.
• 1:42
  These all issues are with with basically minors.
• 1:45
  These issues are with the when the father is involved.
• 1:47
  So a regular marriage, the father wants to the husband,
• 1:52
  there's a husband and the husband decides he's going to be
• 1:56
  Makaya and he wants to uphold her Neda, right?
• 1:59
  He hears about it the day he hears about it.
• 2:01
  Now the Allaha is when he's the only one involved there is
• 2:04
  Allaha. You are allowed to undo your
• 2:07
  kiyo mahakama. When you you recognize it and
• 2:11
  you allow it to stay. You are able to do that.
• 2:14
  We will learn about that a bit later.
• 2:16
  But here it doesn't work because that the minute that he that one
• 2:22
  of them is Makhayimit, it already weakens and ruins the
• 2:27
  whole the process. OK, Zayn shomerit yavam.
• 2:32
  Now this, what's this Shomerit yavam?
• 2:34
  Right. There's a let's say there's two
• 2:36
  brothers. One of them is married to is
• 2:39
  married. Obviously it's a lady.
• 2:41
  And that husband, when there's no children involved, passes
• 2:45
  away. So now the alafa is there's
• 2:48
  yibum to the other to the brother, right, her
• 2:51
  brother-in-law. So now during the period before
• 2:58
  they get married or divorce is not exactly the right word, they
• 3:03
  do Khalitsa. Then that period she's called a
• 3:06
  shomeric yavam where she is tied kind of like erosin to the to
• 3:14
  the brother-in-law. She needs to do or yibum or
• 3:17
  Khalitsa in order to marry somebody else.
• 3:20
  Now ayn ayyavam Mayfair afilu ayn sham El a yavam ekhar.
• 3:28
  Now let's say in this case he we're just learning the halacha
• 3:34
  that a shomeric yavam that this, this yavam, this this brother,
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  he's not married. He's known as suing yet.
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  It's true. They're they're tied to each
• 3:45
  other, but they're not but but they're not married.
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  There's no one is suing and therefore he has no jurisdiction
• 3:52
  to do Hafarah. He's not the husband yet, so
• 3:56
  that he cannot undo neither. Even if there's only one
• 4:00
  brother-in-law, it doesn't matter.
• 4:02
  And we know that the father, he's already out of the picture
• 4:05
  because as soon as a woman gets married, right, she was already
• 4:08
  married to the first brother to her husband.
• 4:11
  So then it doesn't matter what the age is.
• 4:13
  The father's already knocked out of the picture once.
• 4:19
  I have to double check. I'm pretty.
• 4:20
  I believe once she's married, even if she's a Nara, she
• 4:25
  doesn't go back to the husband. When the husband doesn't go back
• 4:29
  to the father when he died. OK, I have to double check that.
• 4:33
  Afilo us now what we add over here in the show Kanara because
• 4:36
  afilo us about Mamar even if the woman with the with this Yuvam
• 4:42
  does Mamar Peru shakicha bekasif they get married with money.
• 4:48
  In other words, mida raisa once a woman, once the the first
• 4:51
  husband passes away the the the husband, which is the first
• 4:54
  brother passes away. Labdak doesn't matter what age,
• 4:57
  but just so then the husband passes away.
• 5:01
  The Allaha is you do yubum. They go to Yuka together and
• 5:04
  they finish the process. They become married.
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  There is no heirs in Kedushin period.
• 5:09
  When it comes to Yibum, you go straight to Yibum or Khaliza and
• 5:14
  that's like Nisuyin or Girishin Lahabdo, right?
• 5:18
  For similar, not 100% the same fine, but that only happens with
• 5:24
  with with BIA. So then when that when they when
• 5:27
  they have relations, but there's a dinder of banana.
• 5:30
  We do Mama doesn't look nice. We're getting married.
• 5:34
  It's a whole hassana. And how you gonna what?
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  What are you gonna do? They're gonna have BA to get
• 5:39
  together. Not appropriate.
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  We're gonna first do Mama. In other words, the same thing
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  we do at every wedding. You do Kedushin first.
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  You do Eris and Kedushin with the money, with the ring.
• 5:51
  And then afterwards they get they just they do they do their
• 5:55
  shop of Bracos. They go Euclid, whatever it is,
• 5:58
  Peanut. OK.
• 5:59
  And then they finish the Suba. Suba.
• 6:03
  Yeah, So they we'll get there and have an Ezer, but yeah, they
• 6:06
  have to have a Suba too, the original new one.
• 6:08
  Whatever. We'll save that for later.
• 6:11
  OK, Very good. So even though the Yvam gives
• 6:16
  her money, they do Mamar still there's no one is suing.
• 6:19
  So therefore there is he has the this husband, it's already
• 6:23
  beyond the erosine. The YVAM is beyond the erosine.
• 6:26
  This Mamar's only dender Abanan. Really it does nothing for these
• 6:30
  purposes. But it's still not enough.
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  It doesn't do anything. It doesn't help unless you're
• 6:35
  you finish EU boom process, This husband cannot do any hatara or
• 6:41
  hafara. OK, let's move on.
• 6:43
  Halakhav. Oh, shlukov in shlukhaba
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  laviolov lahnisa lehopa. OK, now when the father is going
• 6:54
  with the daughter to get married or the father sends his daughter
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  with messengers, I don't know. I don't know.
• 7:03
  A brother or a child, doesn't matter.
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  Whatever it is, he has messengers to bring over to the
• 7:08
  husband to get married. Right here we're talking about
• 7:12
  let's just say they do the erosin Kedushin one day, a month
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  or a year later, they're going to actually get married.
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  That's that's the case that we're talking about.
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  So they already did Erasin Kedushin, She's already engaged,
• 7:26
  Allahucakly. Now they want to do in a suing.
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  So right before the Khopa, you bring the khala to the husband
• 7:37
  before they actually did an issuing.
• 7:39
  Well, you're bringing them to the house, you're bringing them
• 7:41
  to the Khopa, right. We do that at weddings too many
• 7:44
  of our weddings, the parents escort the daughter to the
• 7:48
  Khopa. That's what we're talking about.
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  So we bring them there now as long as so the father, as long
• 7:55
  as the father is still with his daughter, bringing her to the
• 7:58
  bringing her there a dying he be shoot Shenahen Lafarah.
• 8:04
  So it's still both of them are intertwined together.
• 8:09
  If they want to do Hatara on her right from the time they do
• 8:13
  Kedushim until Nesuim, they're stuck working together to do
• 8:19
  Hafara. Even if he brings the daughter
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  to the husband under the chuppah, it's not enough because
• 8:26
  the father is still there. Mas are Abu shlukhabu shlukhe
• 8:29
  abal. But let's say the the father
• 8:33
  gives over the daughter to the to the to the to the future
• 8:40
  husband to the engaged, the engaged bacher and then walks
• 8:43
  away or shlukhabu shlukhabal or or or sends messengers with his
• 8:53
  daughter to bring it to messengers of the husband.
• 8:57
  So then once the father is not involved Yatsa nirushutaav.
• 9:02
  So then it's no longer in his domain.
• 9:06
  He gave over his daughter. He's done so that this is an
• 9:09
  interesting halakha and based on the Gemara and the postgame, I
• 9:13
  believe it's a Dinda, right? So as soon as the father hands
• 9:17
  over the husband, the his dad soon as the father hands over
• 9:21
  his daughter for this purpose of Hafaras Hafaras Nadarin, it's
• 9:26
  called right away. It's as if we gave over again.
• 9:31
  It might be their abundant. I'm not 100%, but and then the
• 9:34
  Masira giving over is the same As for this halacha as actually
• 9:40
  entering the Khopa or or or Euclid, whichever is the the
• 9:45
  real Khopa. OK, let's see Vyesh omrim.
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  There is an opinion though, even though the father no longer has
• 9:56
  jurisdiction over her because he gave her up to the husband.
• 10:00
  How the Mikko makham E naba al Mayfair Allah achatikane's
• 10:05
  lokhaba that this opinion is actually more strict that the
• 10:08
  husband still can't do hafara until they actually go to the
• 10:13
  khaba. It seems to be that Iker halach
• 10:15
  has like the some the first opinion from the postgame.
• 10:18
  But again, none of these halachas are so common because
• 10:22
  we're usually when we get married, usually we're talking
• 10:24
  about a girl. Depends in what circles you are
• 10:26
  somewhere from 16 to 19 or 20 and up.
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  We're not usually dealing with marrying off our children that
• 10:33
  are 12 years old or younger. Even so that's not usually OK.
• 10:38
  So let's let's go on, right? The first opinion says once it
• 10:42
  leaves the rashut of the father, it immediately goes to the
• 10:45
  rashut of the Bal to do immediately do hafar.
• 10:49
  OK, Ted naraam urasa shilosham waviya huba Allah ET nidra ajsa
• 10:57
  Bagram. She had some.
• 11:02
  OK, so now let's say we have this young daughter, this young
• 11:05
  girl, she gets married. She is let's say 12 years old in
• 11:08
  a day. She's 12 Anara presume it be
• 11:13
  even if it's Aktano, but OK, let's say she's Anara.
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  She's engaged. There's no one is suing yet.
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  So now she's not 12 1/2. So the father and the husband
• 11:24
  are involved and they didn't hear her make the nether until
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  she was 13 years old. Twelve and a half, thirteen
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  years old Atchabado. So now the father no longer can
• 11:35
  do anything. He he loses complete
• 11:38
  jurisdiction when she's 12 1/2 in arus Yahoo la hafair Lovato.
• 11:43
  So the Arus the this husband right the engaged husband and
• 11:49
  who gets married to her gave the ring, but they didn't do any
• 11:51
  suing yet he also can't do anything because they're in a
• 11:56
  state of of erosi. A ball can never in a state in
• 12:02
  arus can never do Hafarah by himself.
• 12:06
  He always needs the father, but the father is not able to do it
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  anymore. So nobody can do how far she can
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  get it. She can do what Taras Nadarian
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  we learned she can go to the the basin and do a Taras Nadarian me
• 12:19
  car on her own, but nobody can can't do this.
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  Well, no one can do it for her. OK, once they get married, once
• 12:27
  they get married, husband comes back into the picture and he can
• 12:31
  once. So then we're going to learn
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  that was long as they're together, the husband and the
• 12:38
  father are involved together, then they can they can do
• 12:43
  Hafaras Nadarian and whatever she makes now while they're both
• 12:48
  involved and whatever another she makes before even the
• 12:53
  husband got engaged. However, anytime a husband
• 12:57
  becomes a full husband after Nasui, he only has the right to
• 13:02
  do Hafaras Natarian from the moment they got married.
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  The husband once it's in a suing what he can only takes.
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  He could only do it on the daring from when they get from
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  the suing and on now he can't a husband.
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  He only heard of it. It doesn't matter when he hears
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  about it. He can't do it in a Taras daring
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  on anything before. Then the Copa happened that
• 13:28
  we're going to see the shock just points out even if the
• 13:32
  husband maybe did it before and it's the yesh only what could be
• 13:37
  done in two separate days. The power of the Arus is only
• 13:42
  could only be done if the father is able to do it.
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  Yeah, OK, fine. You're nadra vishama aviya.
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  Vishama aviya behave for halko lo shama Bala ad shikansa.
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  So what happens if she makes a Nader?
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  Kind of what we just said. She makes a Nader and the father
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  hears about it while she's still a Nara, she's still young
• 14:06
  enough. So the father is involved.
• 14:08
  He can do right. We're talking about they're
• 14:10
  engaged. So he does Hafaras Nadar, right,
• 14:15
  But the husband didn't hear about it.
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  He never heard about it Ajikansa until they get until the nasuing
• 14:22
  happens on Shikansa. So now, right there's she's
• 14:25
  still 12, she's still in Nara. He, one of them did.
• 14:30
  The father did it before nasuing.
• 14:33
  The husband finds out about it, right?
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  A week later, after Nusuin, she's still 12 and 12 in a
• 14:41
  month, whatever it is. So then ina yaako lahafar
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  lahafar, it's too late. He can no longer do Afaras
• 14:52
  Nandarian, the husband, even though he's the full husband.
• 14:56
  But it doesn't matter. He could only do it Ataras
• 15:00
  Nandarian starting on his own, starting from Nasulin.
• 15:05
  And even though the Ned there was the father already did it.
• 15:08
  But right now the father's not involved anymore.
• 15:11
  It's similar case either like like we're going to see if he
• 15:15
  dies if she gets above 12 1/2. If it's after Nasulin, it
• 15:20
  doesn't matter. It doesn't make a difference.
• 15:23
  His his power is only while the husband can still do it.
• 15:26
  OK, let's let's read right. It's from the Mishnah.
• 15:32
  Therefore the mission says it's the Derek where Tamidi Kahamin
• 15:37
  when they again, I don't think this applies so much nowadays
• 15:39
  because everyone's much older. But Tamidi Kahamin that when
• 15:44
  they when they're going to be involved in marrying a, a girl
• 15:48
  to a, to a man, they tell her call them Shikenessena.
• 15:53
  So they they tell her before that she gets married, call
• 15:57
  Naderim Shi Nidarta Misha arasti you mufarim.
• 16:01
  That's I'm not sure if they they tell her to I think Eddie
• 16:07
  Nadarim that you have now right right before then is suing.
• 16:12
  They say any, any, any Nadarim that you made since the
• 16:16
  Aerosene, right? It could have been a month or a
• 16:19
  year in those days. Whatever it is, make sure you
• 16:22
  take care of it right now 'cause as soon as you get married,
• 16:25
  you're stuck. There's no way to, to, to undo
• 16:27
  it without doing hataris and darn.
• 16:29
  So just have your, your, your, your father and your husband
• 16:35
  take care of it right now and we'll be good again.
• 16:39
  They could even do it on the the darn before the air is seen, But
• 16:43
  that's just the expression because we assume that's the way
• 16:46
  the shock or some explain. We assume anything before the
• 16:50
  Erasine that the father already absolved and took care of
• 16:53
  beforehand. But again, it it works on
• 16:55
  anything before as well. The hey, yo Maha of Libeto
• 16:59
  called him. She takes me beta called
• 17:01
  Nadaram. She Nadaram to Yumafaram.
• 17:03
  Oh, here it is. And also on the father.
• 17:05
  You tell him before he leaves your house that all the anything
• 17:09
  you made, make sure just be made for it for her.
• 17:13
  And this way she doesn't have to worry about any Nadarian going
• 17:16
  forward. We don't have to look for a pet
• 17:18
  off. We don't have to look for
• 17:19
  kharata. Just make it easy.
• 17:21
  She's a young girl. What does she know about hos
• 17:22
  Nadarian? Just start a fresh, fresh slate.
• 17:27
  OK, still a bit more. You're all of now this we kind
• 17:30
  of just alluded to or mentioned briefly Mehta Arus, the ODA
• 17:34
  Nara. Now what happens if the Arus
• 17:36
  dies when she's in Nara? Khozarek the Rishuta of So this
• 17:41
  is a little bit different than what we said.
• 17:43
  If the Arus is the one that passes away, then she goes back
• 17:49
  100% to her father umefer and he is allowed to do he's even
• 17:55
  though the it's not the same. The converse isn't the same.
• 17:58
  But if the Arus dies, the father now has full jurisdiction and it
• 18:02
  works if he does. Zafarah, I feel amash another of
• 18:05
  Akai Arus even on any of the recent Nadarian while the Arus
• 18:10
  was alive, the Shama, the Shama umate, even if you heard about
• 18:15
  it and dies Mayfair Alvado biom Shomo the father, right?
• 18:21
  Even if it's on a different day, he's allowed to do Hatara on his
• 18:26
  and when the father first hear about it on his, the father's
• 18:30
  first day that he hears about it because the Arus disappears from
• 18:37
  the picture. If he dies, Afilu, Yashla,
• 18:40
  Yavam, the Asaba, Mama, Mayfair, Alvada, even if there's a Yavam
• 18:46
  involved and Yavam even did Mama, which is Kedushin,
• 18:50
  Terabana and Kilo, still it's if the Yavam dies, the father can
• 18:56
  do it all on his own. He takes full jurisdiction as
• 18:59
  long as she is. She's not a book as long as
• 19:03
  she's yet less than 12 1/2. The Dafka Shimaita Arus called
• 19:07
  him Shamo. So listen to this now.
• 19:10
  This is only true if so it depends on which day this is
• 19:16
  true. If the Arus Dafka Shimaita Arus
• 19:19
  called him as if he dies before the Arus hears about it OSHA
• 19:24
  made by Yom Shamo, or he dies the same day he hears the Loki
• 19:28
  on the nether and he's not Makai on the nether.
• 19:31
  In other words, he could ruin it.
• 19:32
  Though also it's still possible for the artists to ruin it for
• 19:35
  the father that he can't do it depends on the case.
• 19:39
  So if he's makai emit or he he so then bahenim Alfaro sari and
• 19:46
  also and if even if the husband is Maefer, the father still has
• 19:56
  to do Alfaro also when he dies. Evalim Kiyem.
• 20:00
  Aneder, Kodem Shamit. But if he wasn't a kinda neder
• 20:06
  before he dies or shameit ahhar Yom shomo or if he dies a day
• 20:12
  later than when he hears about it, so it's no longer possible
• 20:16
  for him to do hafar anymore. Inhab Yahoo.
• 20:21
  So the father. It's not like it goes back 100%
• 20:25
  retroactive. In other words, if the husband
• 20:30
  try and keep it clean, if the husband dies he never knew about
• 20:33
  it, then the when then the father gets full control to do a
• 20:37
  fara or even if he knew about it the same day and then he dies so
• 20:43
  then the father still has full control to do it.
• 20:45
  But if the if the husband knows about it and is makai in it, or
• 20:53
  even if the day passes so then I believe it's too late for the
• 20:57
  father to do anything. We're going to read what the
• 20:59
  Rambam writes, although it's a bit of a Mahlokis how to
• 21:02
  understand the Rambam. So we'll just explain real
• 21:05
  brief. Well, the harambam shama arous
• 21:08
  vahifrullah umate aharka shama AB E Nah AB shama wait kharka
• 21:14
  shama AB. If the arous does hafarah and
• 21:19
  then dies and then the father hears about it and believe even
• 21:24
  the same day but a na abiyah Allah affair, it's the father
• 21:27
  can no longer undo it.