Latest / SHULCHAN ARUCH YOMI: Own the Halacha in 25 minutes a day! / Yoreh De’ah 234:1-5. Vows: When and At What Age Can a Father or Husband Annul a Vow

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Yoreh De’ah 234:1-5. Vows: When and At What Age Can a Father or Husband Annul a Vow · SHULCHAN ARUCH YOMI: Own the Halacha in 25 minutes a day!

• 0:00
  OK, new topic in Nadarim and Shavuas, we are on Simon Reish
• 0:05
  Lahmed Dalid, right? So we just discussed previously
• 0:10
  what's the age of a of, of a barum bat mitzvah.
• 0:15
  So normally we know it's 12 and 13.
• 0:18
  But for making Nadarim and Shavuas, we just learned in
• 0:22
  Reish Lahmed Gimmel that if they know what they're doing and who
• 0:25
  they're saying it to or what what it's doing and it is called
• 0:29
  even from a year before. So now we're going to discuss a
• 0:32
  little bit about a Nara and a bulgarit and how it's when it
• 0:36
  comes to ages under the title Matai of the habal mafirin.
• 0:42
  Matai mafirin shnehem yahad. OK, so we're learning about
• 0:48
  Afara canceling a nulling A neder or a Shirua.
• 0:56
  Now, normally when a person does kharata and a PETA to undo to do
• 1:04
  Ataris nadaram. So the general rule is it goes
• 1:07
  MI ikara by hafara. It generally is it just severs
• 1:11
  it where it is. In other words, it was a Nader
• 1:14
  until today. And then when you do Hafara, it
• 1:16
  ends today and you don't you no longer have to worry about the
• 1:19
  Nader and sheva. So let's see inside Aleph Aave
• 1:25
  Mayfair, Nidre Beto, a father has the right and capability to
• 1:33
  Mayfair to sever a null at this point, not rich.
• 1:37
  We're not talking about retroactively.
• 1:39
  We're talking about from now going forward to undo the neder.
• 1:44
  And it's the same if right, these are the Russian Nidre
• 1:48
  Beto. It's the same as if it's a
• 1:49
  Shivua. It's the same halacha and now
• 1:54
  only a we're going to see only a father or a husband has this
• 1:58
  capability. But again, by we learned by a
• 2:01
  Cajal can do that by a Heron. That's a little bit of a
• 2:03
  different situation. But a even though, but a hacham
• 2:08
  or a basin can still do Hataras Nadarian.
• 2:11
  You don't need the whenever a woman, a girl, a woman married
• 2:15
  woman makes another. She's not.
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  She doesn't need the husband to sever it from now.
• 2:20
  She can go to a basin and undo it from me.
• 2:23
  Kara. OK, this is just an addition.
• 2:27
  OK, so let's keep reading. Kozma Shahi.
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  Cortana. So the father only has the
• 2:31
  jurisdiction, only has the capability while she's still
• 2:34
  like Cortana. Oh, a Nara or when she is a
• 2:39
  Nara. Gonna see more about what a Nara
• 2:42
  is. Afilu Najra, Aldas, Robin.
• 2:46
  Even if she when she makes the nether, she does it.
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  Aldas, Robin. Aldas, somebody else, it doesn't
• 2:53
  matter. He can still do all right.
• 2:55
  We know it's not so simple to do Hatara in those cases, but it is
• 2:59
  simple for an AB or a ball, right?
• 3:02
  If it's the right age, if there's still in jurisdiction to
• 3:06
  do it. OK, well, we'll just say a Nara
• 3:10
  means a, a girl, young lady who is 12 years old with two
• 3:15
  sorrows, 2 pubic hairs. So, but we'll see a bit more.
• 3:21
  That's a Nara. If she's 12 and younger, she's a
• 3:26
  Cortana. If she doesn't have two hairs,
• 3:29
  she is a Cortana if in order for it to be a Nara, she needs both.
• 3:34
  Now again, we're not getting into all the detail.
• 3:36
  That's more I think Evanescer whatever, it's more for another
• 3:39
  time. But they sometimes we are
• 3:44
  worried that she's a Cortana. I mean that she's a Nara or a
• 3:50
  Bulgaria, the lady, right, Even if she doesn't have pubic hairs
• 3:54
  today. Same with the guy.
• 3:56
  Maybe he had them and they fell off, maybe this, that.
• 3:59
  So OK, but that's the pure halacha.
• 4:02
  But Lamais, so we're generally strict and for cases of diarise,
• 4:06
  so you need someone to be emoted to you.
• 4:08
  So we're always generally Golochomra and we have to just
• 4:11
  make sure they're not based on a Suffolk.
• 4:13
  OK, I don't want to digress too much the the shock just points
• 4:17
  out. I don't know if I don't think
• 4:19
  anyone disagrees, but he just points out that the here it says
• 4:23
  the father but a husband can also do hafarah.
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  Even if the wife makes the neder al das rabim.
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  It makes no difference even if the daughter or the the the wife
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  tells the the husband or the father gives them permission to
• 4:42
  make a neder al das rabim or whatever it is, even though they
• 4:48
  gave him permission to do that Kilo, I don't know if they need
• 4:50
  permission, but even if they did, he he can still do hafar.
• 4:54
  There's there's no that's it's it's a 0 saqasub and you have
• 4:57
  that jurisdiction. OK, let's keep going Bagra now
• 5:02
  what happens when she gets a little older?
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  So what's a little older? Perush Isha Avra Stemisri
• 5:09
  Shanavio, Mehad, Azim He VS de Sarah Nikranara.
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  So we just said if she's from 12 to 12 1/2, right, 12 + 6 months
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  from then for those six months after she's 12.
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  If she has two hairs, she's a complete adult as far as not a
• 5:29
  Cortana, but she's in the category of Nara.
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  So there's usually in halacha no distinction between Nara and
• 5:38
  Ubel Garrett, or there's often not.
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  We're not going to do a survey here.
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  There's often no distinction, right?
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  She does mitzvos, any mitzvah that she could be Mozi for
• 5:48
  someone else in general and aura Haim, there's no difference.
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  In halacha, we believe her anyways, but for certain
• 5:56
  halachas, it makes a difference. So here.
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  So she's in the category of an adult who's in Nara for those
• 6:01
  six months. And the Magin Abraham writes, I
• 6:04
  have it in the bottom over here. If it's a Shanam, it'll Barrett.
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  It's still a leap year, right? So there's an extra month.
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  It's still six months. So if other was other, if
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  there's two others that year in her six months, that'll count as
• 6:18
  six months. She doesn't have to wait for
• 6:21
  six. I don't know.
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  I don't want to use the word calendar months.
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  You don't have to wait for six different name changes of
• 6:28
  months. Other will count as two months
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  if it's an if it's a shanam it will bear it right?
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  OK so anyways it's six months Akharkh Shahaz nikrat bulgarit
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  once those six months pass then she is now called a bulgarit.
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  Now the we had this before by Shidukhim.
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  Remember what is the recently we just had this.
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  What is a shirak mean? It comes from the word
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  Vitishkataras Targum source ideology of the word shores is
• 7:01
  settling down Manuka sanathesh with the Tiskata arts and there
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  is OK settled very good. So here we have another
• 7:08
  explanation in Tanakh. What it is bulgarit.
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  What's the ideology? Kumar Mileya sayar full of hair.
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  In other words two pubic hairs. Well, it's more now it's it's
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  full. It's Mileya.
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  It's exactly it's not 2 pubic hairs.
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  That's when she was a Nara. Now, when she's a bulgarit, we
• 7:24
  assume it's going to be much fuller.
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  Ki targum mirushal Michelle ish satyr irushalmi.
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  When he translates the word ish satyr, it's gavar bagar.
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  That's the word of bagar. OK, Hori.
• 7:39
  Hori hori is in English. OK, thank you.
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  Oh, niset shuv Eno Yahoo lahafe. Now, once the daughter marries,
• 7:52
  she's not here. You may own he said right.
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  Once a daughter gets married, the father, this is any age.
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  The father can no longer do Hafara by himself or at all will
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  have to well, if he's fully if she's fully married or we're
• 8:08
  going to get into the details if she's half married, fully
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  married. In other words, Erosine with a
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  ring or money or is it Khopa and all the way through.
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  So we're going to see the differences.
• 8:20
  But OK, but right, once she's fully married, he's out of the
• 8:23
  picture. But in Niset is I believe we're
• 8:28
  going to see, I believe it's any age, any age.
• 8:32
  Once there's an assuming, then he's out of the picture.
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  Doesn't matter what the age is. Erosini is in the picture that
• 8:38
  we're going to get into, but Hibal Mayfair Nidre Ishto Lovato
• 8:44
  now a husband, right? He's fully married to his wife.
• 8:47
  So now he has full jurisdiction to Dua Farah, right?
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  The the father of the his wife is out of the picture once they
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  are fully married. Mishitikhanas la Khoppa, right?
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  They already went through Khoppa or whatever.
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  That's a whole another what's what exactly?
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  When does that call? But OK, add Shetit Karesh until
• 9:13
  they get divorced. Now, once they get divorced,
• 9:16
  he's completely out of the picture, right?
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  So Dinda Raisa, he has nothing to do with it anymore.
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  Now here's where it gets a a little interesting or a little
• 9:26
  technical. And here, let's keep reading the
• 9:28
  higiya. I get Liada.
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  I tell me Greshit me Suffolk. Sorry, sorry, architect Karesh
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  Viaggia. I get Liada.
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  Once she's divorced on a dinda Raisa, she can no longer he.
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  The husband has 0 jurisdiction to do AFARA.
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  Now when is he? When is she divorced?
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  When the get goes into her hand. Well, and also for him to really
• 9:56
  be to prefer clearly for him to to lose jurisdiction, she also
• 10:01
  must be divorced and which means the get in her hand.
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  And if there's any TANI or anything else, it has to be
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  completed. We're going to get into a couple
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  more details. You'll understand where it gets
• 10:12
  a little tricky soon. And the Taz points out even if
• 10:16
  you send a Shalia to to send over the get, he still could do
• 10:21
  Hafarah because she's completely not divorced.
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  She never got the get. She doesn't have a shame gusha
• 10:28
  yet. It's not in her hands.
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  There's no Suffolk over here. And therefore and he can always
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  terminate and end the Shalikas at any time.
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  So I mean that there's other issues with that.
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  What? Until delivery?
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  Yeah, once it's delivered, then it's how but right, OK, that's
• 10:47
  for Evan has all those details. But anyways, once she's
• 10:51
  completely divorced, then it's completely over if she's not
• 10:54
  completely divorced yet. So now we're going to see some
• 10:57
  situations. OK, now haita nagureshit me
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  Suffolk once she is no longer So once it's a Suffolk if she is
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  divorced so then lol Yaffer Allah you're not allowed to and
• 11:17
  you're not allowed to do hafara anymore.
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  Now this one in the next CC if we're going to have a little bit
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  of a question mark on what is Deraisa Durabanan or Bidi avid.
• 11:30
  So anyways, the main point is it's user to do this now E the
• 11:36
  Shah points out from the Bach that Bidi avid in this case
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  we're Mahmar and we say it doesn't work and she must uphold
• 11:45
  her neder Shiva. She wants out.
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  She has to do with Tyrus Nadar. Now that but that's a probably
• 11:53
  now this is on a but she's Megarish and me Suffolk.
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  So in other words, it's a Suffolk Darissa.
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  And so therefore he's not allowed to and we have to be
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  strict and assume that it doesn't work even with the
• 12:06
  other. We only OK, so there's two
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  issues over here. Fine, since you brought it up,
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  I'll just point out it's clear that this whole din of Hafara is
• 12:15
  a din Darissa. It's exerus Hakasu, right?
• 12:18
  There's no, I don't think anyone argues with that one.
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  However, Khazal did give a little bit of a reason that that
• 12:27
  for the Dinda Raisa that she's not that she's doing it Aldas
• 12:34
  whenever she makes a nether, there's a built in assumption.
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  Anytime a wife makes a nether, she's doing it also with the
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  consensus or I don't know. I don't know if I don't think I
• 12:44
  would use the word permission, but whatever.
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  Maybe of the husband, she's keeping the husband involved.
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  And 'cause I also say generally it only works or it only works
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  when there is it's going to cause her suffering or there is
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  a direct, it's going to cause direct friction between the two
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  of them. And so therefore, it it'll at
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  the end of the day, it affects him.
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  And so therefore there's an issue of Shalom bait.
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  It's an issue of he's involved. So therefore Khazaal or the
• 13:11
  Torah gave him this, this, this power.
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  OK, The question is, how far do you take this reasoning by
• 13:20
  Khazaal? Does that make it a dinder Isa
• 13:22
  or is that just darabanam? In other words, they're going to
• 13:26
  be times where we say let let me let's read it the next one and
• 13:33
  then it'll be a bit more clear where we're going.
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  Gilmore not to unlock get out tonight.
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  A person gives a get on condition.
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  Hola Akhar Zaman or no, there's no condition.
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  This is a get. It goes in her hand, but it's
• 13:50
  not going to be called for, Let's say 30 days.
• 13:52
  So what do you do with this in the meantime?
• 13:55
  Period, right, Loya Farallah be a meme Shabin time.
• 13:58
  So it's user to do Hafarah now. So one of the so one of the
• 14:03
  issues. So the question is, is that you
• 14:06
  Stama? That's right.
• 14:08
  So the question is that basically binding even bid the
• 14:12
  of it or not partially depends if you hold it's doesn't work.
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  No, here. She may not even know about it.
• 14:21
  So she she would still do it on his on his watch.
• 14:24
  I mean within with his dos and she's it wouldn't make it make a
• 14:28
  difference. So if it's a Tanai, we don't
• 14:32
  know if it's going to be McCullum.
• 14:34
  So Khazal say for sure you're not allowed to does it work Bidi
• 14:38
  Evid. So there the shock says it
• 14:40
  works. Bidi Evid.
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  If the Tanai doesn't happen, Well, if it's a Tanai, then when
• 14:49
  it happens, she'll be Megresia le Mafreya.
• 14:52
  So therefore, right now it's actually it's a case of Suffolk
• 14:55
  and therefore you can't. Now if he does do hafarah, the
• 15:02
  right Kalaka is don't do hafarah.
• 15:03
  So we don't have this problem in Suffolk.
• 15:05
  But what if you do do hafarah during this period?
• 15:08
  Does it work? But yeah, but let's see, she's
• 15:09
  not that tonight doesn't happen and therefore wait for Lonit
• 15:14
  Kayama tonight. So therefore they're going to
• 15:18
  stay married one second, right? Anyways, he does hafarah during
• 15:22
  this time. And the question is, so the
• 15:26
  shock says Bidi Avid, it does work because bidi avid, they
• 15:31
  weren't they weren't they were not divorced, right?
• 15:35
  Since it was given out tonight night didn't happen.
• 15:37
  So they were always married and they're going to stay married.
• 15:41
  So he did this. How far?
• 15:42
  An interim look at Hila. You're not allowed to.
• 15:45
  It's a gender of banana. You're not allowed to because we
• 15:47
  don't know how it's going to turn out.
• 15:48
  But he did it. So the Shah says, well, the
• 15:50
  rice, it works now there here the Arafat Shahan says doesn't
• 15:57
  work. It's it's my focus.
• 15:59
  The Shah Arakashan discusses it on the bottom.
• 16:02
  Also, I have it the Atsi Lavona. It's shameless.
• 16:05
  Simas Binyamin. I don't want to get too
• 16:07
  technical, but the question is because she also needs question
• 16:13
  is how far do you take this Tinder Abanam?
• 16:16
  And it might even be on a Darisa level.
• 16:18
  If she has in mind that if should she knows she's halfway
• 16:23
  to be a grusha. She doesn't care what the
• 16:25
  husband's thinking and therefore it is she's not doing it on thus
• 16:31
  the husband. So bottom line, this little part
• 16:34
  is is the question with yeah, but how do we handle it?
• 16:37
  And I want to continue the thought with the next sieve,
• 16:42
  Shamma Shammet Bala venisate. Now here the husband hears
• 16:48
  Shamma shammet Bala venisate. What happens if a they have a
• 16:53
  couple, the husband she makes a she she makes another and the
• 16:59
  husband disappears. Well, she thinks he's dead.
• 17:02
  He heard she heard that he for sure died.
• 17:05
  And so therefore she goes ahead and she's going to and she
• 17:09
  remarries. When he says the hurray Hu
• 17:11
  kayam, but he's really alive. She thought he's dead.
• 17:16
  What she did was permitted. Let's say she got a head turn.
• 17:19
  No problem. Maybe there is Aiden.
• 17:21
  Whatever it is, whatever the case is not OK.
• 17:24
  Yes, OK, She remarried, but the husband is first is still alive.
• 17:29
  So what happens in Bala Rishon? In Bala Rishon Visheni mafirim
• 17:37
  Nederia, neither one of the husbands can do hafarah.
• 17:41
  So the first one we're going to explain in a minute.
• 17:44
  The second one is simple. The second one is not her
• 17:48
  husband. It's in other words, the
• 17:51
  Kedushin is not toasting because it's the thing called me
• 17:55
  Shanisa, the ESR karate. She's an Asian ish.
• 17:59
  Any time a woman marries a man and there's karate, so then
• 18:04
  Kedushin is not toasting. We're going to see it next about
• 18:07
  loving an ESR love where it but where it's where it when it is
• 18:12
  toface. But let's say right now we're
• 18:14
  talking about any time there's an issachari such as an Asian
• 18:17
  ish. So she's not married to the
• 18:19
  second one. So of course the second one
• 18:20
  cannot do Afara. So what about the first one?
• 18:25
  So there the Gemara explains in Yuval Mustaf Saadiyaman Bayes.
• 18:28
  So there the anytime the husband needs to give a get like in this
• 18:37
  case, because she was with another man.
• 18:40
  So now the first husband is Kayev to be Magarish the wife.
• 18:45
  Anytime a woman has to divorce his wife, then he's not allowed
• 18:52
  to do Hafarah. So that's the question.
• 18:56
  Mediraisa Medirabanan. I would say Pasha.
• 18:59
  I would say it's Mediraisa, but it could be the Arafat Shahan
• 19:02
  would say Dirabanan. I mean it is sorry, sorry,
• 19:04
  Pashais. From what we're saying it's a
• 19:06
  din. It's a, it's a xerosa KATU that
• 19:09
  she cannot. So xerosa qasu, the whole
• 19:14
  concept. And if she's married, she's
• 19:16
  married. She's not married.
• 19:17
  She's not married. So if he's she's married, it's a
• 19:21
  hafara Midairaisa. And the Gemara Tosva seems to
• 19:25
  say it's Mashva from the Gemara. It's more clear from Tosvas that
• 19:28
  it's only a Dinder Abanan in Yavamos where he cannot.
• 19:34
  Yeah, basically I think everyone holds.
• 19:36
  I don't know that she cannot do it on a Dinder Abana.
• 19:42
  I'm sorry. He cannot do hafarah, that it's
• 19:44
  a, it's a Dinder abana and he cannot do it because me de
• 19:47
  Raisa, they are married and we don't see any DNA Torah that
• 19:51
  says all of a sudden it ends. So because he's not allowed to
• 19:55
  be with her. So Khazal made it Zahra or new
• 19:59
  Takana that he's not allowed to do Hafarah.
• 20:01
  Why? Because it is part of the whole
• 20:05
  tongue that we gave. We want them to have Shalom
• 20:08
  vice. And when would they have to get
• 20:11
  divorced? We don't want Shalom bias.
• 20:13
  We want her to be Muskana to her, to him.
• 20:17
  We want him to want to divorce him, to divorce her because
• 20:20
  that's what he must do. So therefore, we don't let him
• 20:24
  have any jurisdiction that can improve their Shalom bias.
• 20:28
  We only want to make, you know, normal.
• 20:30
  That's obviously not what we want to do.
• 20:31
  But in this case, we do want to mess with their Shalom bias.
• 20:35
  OK, now, obviously me some you know we're going to get to
• 20:42
  loving and if you marry someone who's Anita, it's Kedushin
• 20:46
  tossin. Fine, yeah, fine.
• 20:51
  I think we can do one more Nise Lisa loving a le chaive assay.
• 20:55
  First, a woman marries hey, person who marry.
• 20:58
  She marries someone that's ussered to her with a love or a
• 21:02
  chaive assay. But Kedushin is Tosin or also if
• 21:06
  she would be Anita. So it's Tosin they have, right?
• 21:10
  We have a kopas needa. That's not a question.
• 21:12
  They have fairla Bala hareza mufar.
• 21:15
  If the husband does it so then it works.
• 21:20
  Now it's us there to do la khatkhila because again, we want
• 21:26
  them to get divorced. But if he does it here, it's
• 21:29
  clear in the sholkhanar that it does work.
• 21:31
  Biddy Evid. OK, so more in line with the
• 21:34
  shock. Misha teeth Rs ajiti kanes la
• 21:39
  chopa in habal mafer Lovato. Now, once they get halachically
• 21:44
  engaged, once they're give the ring, once there's erosine until
• 21:49
  nesuin, until the chopa or yuch or whatever it is, then then the
• 21:56
  ball can no longer do it by himself because now there's the
• 21:59
  husband involved. Sorry in about the husband can
• 22:03
  still not do it by himself but the father is still involved if
• 22:06
  it's if she's a Nara or younger. Afilo Afilo who?
• 22:13
  Yeah afilo in who? Higher than was in Otea Veloha
• 22:17
  of Lovato even if the husband now is higher than supporting
• 22:24
  his wife. 2nd veloha of Lovato Mayfair ella Shnea mafiri.
• 22:31
  Now the father also can't what shnea Mafiri?
• 22:37
  Neither one of them can do hafara by themselves.
• 22:40
  They need both of them together. Bafilo, nadarim, shahayu Alaya
• 22:44
  call them shneed arsa. Even if she made nadarim before
• 22:48
  they even got engaged when only the father was involved, it
• 22:51
  doesn't matter now. They're married halfway, so now
• 22:55
  they're both need to be involved to do hafara.
• 22:57
  We made for ekhad belosheni enomufar.
• 23:00
  If one does that without the other, it doesn't count for
• 23:02
  anything. Umiu Koko shosheni nisha kalush
• 23:06
  vehakal isuroshenbol hakel me isuroshenbol malkos.
• 23:11
  But there's a little advantage to have, or a big advantage for
• 23:14
  one to do without the other. But then there's no malkos.
• 23:17
  It's sorry because it's it's half done, but sorry actually.
• 23:21
  And this is the halacha that both of them must hear it and do
• 23:26
  it. The Afara on the same day, Ava
• 23:29
  EM shama Ek deyom Behafa 1 hears about it and does Afara one day
• 23:36
  and the next guy, the other, the other one of them does it, finds
• 23:40
  out about it the next day and they do it on their first day,
• 23:44
  right? But it's the next day, it's not
• 23:45
  on the same day in a Yahoo laha fair too late.
• 23:47
  It cannot be done so special Allah must be done at the same
• 23:50
  time. Now VH omrim there's an opinion
• 23:53
  that not so not so. Lehalaka shako ehat meifer bayom
• 23:56
  shomo alpha vishul shamo biom ehat.
• 23:58
  As long as it's their first day, even if it's two different days,
• 24:01
  it still works and nada here. That's also this is not a
• 24:06
  Mahlokis. It's everyone agrees the IMEI
• 24:08
  needs Arisa, the in law of in Aros Yahoo la Hafer.
• 24:12
  If they're engaged and there's no father involved, the the
• 24:17
  she's there's still both of them need to do it, but there is no
• 24:21
  both of them. So it can never be done.
• 24:23
  If the Aris has does not have full jurisdiction, he cannot do
• 24:26
  it by himself. And it doesn't matter when the
• 24:29
  the father just, you know, let's say deceases before or after the
• 24:33
  engagement makes no difference when you want to do the Hafarah,
• 24:36
  both of them must actively do it the same day.