Latest / SHULCHAN ARUCH YOMI: Own the Halacha in 25 minutes a day! / Yoreh De’ah 236:6-237:2. Oaths, Shavuos: Two People Swear Simultaneously; How To Swear, Without God’s Name, Plishtim, Saul

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Yoreh De’ah 236:6-237:2. Oaths, Shavuos: Two People Swear Simultaneously; How To Swear, Without God’s Name, Plishtim, Saul · SHULCHAN ARUCH YOMI: Own the Halacha in 25 minutes a day!

• 0:01
  OK, Rachel, Ahmedabad and I'll just mention today we're going
• 0:08
  to have a little extra more Tanakh than usual.
• 0:10
  That'll be nice if we get there. And just want to point out, Uben
• 0:15
  yesterday asked a great question.
• 0:17
  Can you do, we learned we're very familiar with the
• 0:20
  terminology Hataras Nadarian, can you do Hataras Shavuot?
• 0:24
  Can you do Hatara on a Shavuot? So we actually learned it
• 0:28
  biferush in a couple places. So the so the is in the
• 0:33
  Shokanara. You can do hatara on Shavuot
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  just like Nadarium. That's biferush in Raish Kafkhat
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  and Raish Lamid if you want to look it up.
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  However, the Rama points out in Reish Gimmel and Reish Al Ahmed
• 0:50
  that we only do that bishat Adhq as if you remember it.
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  There's an Amanda and the Gomara and there's Ghonim and some
• 0:58
  Rishonim who are not in favor of doing a Hatara and shibuat
• 1:02
  unless it's necessary. But OK, that's just a little
• 1:09
  review trivia. OK, let's do Reish lahmed vav
• 1:14
  vav and then next Simon has the Tamar not we even have some
• 1:20
  here. Let's see Valve shnaim Shanish
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  Bhullah assault davar ekhad the avar ekhad mahem Allah shivua.
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  So two friends, two guys, they make a Shivua together for one
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  to do one thing together for one purpose.
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  And in the end, right, they're doing it because the other one
• 1:42
  is, well, we're going to qualify this a little bit more as we
• 1:46
  read on. So let's just keep reading.
• 1:51
  One of them backs out for whatever reason, let's say even
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  if he's over it, right? Even if he breaks the Shiva, So
• 2:00
  then what? So the first, So the question
• 2:02
  is, what about the second guy? The first guy was over on the
• 2:05
  Shiva, let's say onus on purpose, whatever the case is,
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  so the Hashini pater. So now the second guy, he
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  doesn't even have to keep it at all right?
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  Going forward. He doesn't even have to worry
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  about it. The E not sorry Hatara.
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  He does also doesn't need to do any kind of Hatara right here
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  again we see Hatara by Yeshua ish, the Isha Shanish tat.
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  Who is that? Was this a man and wife?
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  They get together. They they decide they're going
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  to get married together, but key blue harem Li Nasse Lizman Kavua
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  and they pick a time and they they make a harem, A Shavua
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  together that they are going to get married at, you know, by on
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  a certain date or by a certain date.
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  So Misha Ikevaheir Hamoid. So the one who breaks it, he's
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  not allowed based on because they made the Shavuot and the
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  harem accordingly. What I don't know, depends how
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  they made it, but they said they can't can't get married if they
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  break it. So they can't.
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  So if they the first one who breaks it can't can't get
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  married right until they do Attara Valhalla and the other
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  one, the second one is mutter, he or she whatever the second
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  one is mutter because the first one already broke it.
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  And there's Shivua Rakharan was intertwined one on the other.
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  It was on the condition that they're going to get married
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  otherwise, right? It was for the two of them
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  together. Once one breaks it, the the the
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  other one never had a mind to keep this nonsense.
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  Now it becomes like a nonsense Shivua.
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  They never intended to keep going if the other one is going
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  to break it or if the time passes.
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  So the second one automatically becomes mutter.
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  That's the clear understanding of their Shivua Raharam, the 81.
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  Sorry Hatara. So the second one doesn't even
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  need to do Hatara. The gam hameh akiv atsumo motor
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  Bilo hatara la harshen NASA and then even the first one now.
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  So there's when he first breaks it, so he's still in his harem.
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  But then when the second one's gets married, so now it's like
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  the second, the other one like broke their half and now the
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  first one is now released and can now get married.
• 4:18
  OK, Whenever you say a Shuva, if it's done Benazir Hastra, then
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  you get Malchus in general. So when he says it and then that
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  the date passes. But in the summer there would
• 4:36
  have to be some kind of a a mice in order to get Malchus.
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  So whatever technical question, but there's no mice, maybe
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  probably no actual Malchus, just a love, OK.
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  And you need to get a a right. And then the question is you
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  need to be warned when you say the shuwa or warned when you do
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  the mice. OK, not not for here Haga.
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  Good question now where do we where am I OK, let's read the
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  haggah. But over a dying it's just
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  saying even if the first one when he breaks it, he says it
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  was an honest I didn't do it on purpose.
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  The second one now is still motor when we call Malcolm and
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  but still the he should still go to a Hakamara based in and do a
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  hatara shama yaviza shekinagdo adim shahya anus badawar because
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  the second one just make it simple.
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  Don't take any chances. Better to do Atara sandarium to
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  avoid any problems. Because you don't have to
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  believe him that it was an anus because if he was anus, the Rama
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  says you're still higher than the Shiva, but you don't have to
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  believe him. But then he afterwards he might
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  le mifreya, even he might bring proof and then you're in
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  trouble. It depends what the case is.
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  If it is Amman pass, that's another story.
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  But let's say he was over on the Shavuot.
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  So it's referring to that one. OK, good, good point.
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  Anus padava shahevira Moet or or shahe anus padava shahevira
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  Moet. When the time passes, all right.
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  But once the time passes and the second one didn't get married,
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  if the first guy was an anus, you say now the first one is
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  still in the harem where he can't remarry.
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  That's that's that was the harem and they can't remarry if the
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  time passes. And neither one of them either
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  if either one of them's at fault anyway, Venim's better just to
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  avoid the problem, duh. Ataris nadarim venimza avar ZE
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  al shuvuato. And then it'll turn out that le
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  Mafreya, the second one that was made, it was maybe over on the
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  Shibua IM NASA if he got married Belo Hatara without doing Ataris
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  Nadarim. So anyways, when you work out
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  each particular case, yeah, OK, different protein, they call
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  Zelemari, Alabashnam, shinishbu, Uzel, Azeh.
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  Now the only time that each one is Tyloi Zebaza is if they make
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  the shivua. Well, we're going to see either
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  they make the shivua to each other because they're
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  intertwined. So if one breaks it, then the
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  other one that was off the hook or it's clear that the other
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  we're going to see this. It's clear that each one needs
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  the other one. They would not have We had this
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  earlier by making a, for example, making Aaliyah Terez
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  Israel or moving. It's too hard for one guy to go
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  all by himself. You, you need a a partner, you
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  need someone to help. You really need a whole
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  community. But anyways, you, you need these
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  two people. When they made their shivua, it
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  was clear that I'm not moving by myself.
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  That's just too much. So that was, it was.
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  So it's clearly understood. Anyway, So what whenever it's
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  clear that they're tied to each other and 11 doesn't one then.
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  So then it depends on the case. Sometimes it doesn't matter if
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  the first one is on purpose or bonus, and sometimes it matters
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  depending what the theorem is or what the shuvuah is.
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  Moving to Erds Israel for example, is too hard by
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  yourself. It doesn't matter if the first
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  one. It doesn't matter if the first
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  one is bonus or not. The second one can't do it.
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  Thank you. So it doesn't matter if the
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  second one was the onus or the first one was the onus or not.
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  The second one's not going to move when it comes to a a
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  partnership and a deal and you're going to get married or
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  whatever it is. So then it matters if it's bonus
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  or not. But again, it really depends on
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  what each individual shuvu and Heram is.
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  And let's keep reading inside the hose of my Elisha and Ishbu
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  Ishbu Zelaze. And interesting the Shah points
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  out a an example from bracious Kaf Aleph when Avraham makes a
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  shuvua to Avi Melech. So there is a a kritas breed
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  over there between the two of them.
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  They make a promise of peace to the each other that's binding on
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  both them and their children. However, when if you could see
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  see the Shah and the gumarin soda there when the police team,
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  they broke the promise and attacked the Jewish people.
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  So then that made Vinay Sir El putter from keeping their
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  they're half because the police team already broke it and they
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  was tied to each other when they attacked.
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  So I'm not sure exactly which time, but it talks about
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  Shimshon. That's the maybe before also.
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  But anyways, that's what's brought down and that's what
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  gave the license for Shimshon to attack the police team, even
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  though there was a Shivua from Avraham and Ali Malak Avi Malak.
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  OK, let's keep reading about Shanayam Shanishwa U yahar 2 of
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  them that just happened to make a shuwa together.
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  Lasso to do something. OK, go.
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  And shalala daber implone. We're not going to speak to Mr.
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  X today. I don't know.
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  We're we're not happy with him. We want to teach him a lesson.
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  We're not speaking to him. And they both say it at the same
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  time. We're together, but they're not
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  really making a shuwa to each other.
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  It's not really Kashur one on top one there's Natalia on on
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  the other one. It's not dependent on each
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  other. So then the other Echad
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  Muhammad, even if one of them breaks it, the other one is
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  still hired to do it. That's because they do it at the
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  same time doesn't make it dependent on each other.
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  I feel mish Waze lazer the even if 2 like a Shiva to each other
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  that they're not going to talk to him.
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  And it depends on the understanding.
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  Is it Tali Zebaza? Is it OK?
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  Let's say three of them or many? Even the one violates it, the
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  other ones are still obligated. The Qaim Shivwatam veneer.
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  Now when we say two of them make it together, they don't make it
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  to each other. When do we say that?
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  The first one if you if one of them breaks it, the other one is
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  still high to keep the Shuhain Udafka shenon, Tulin Zebazer.
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  That's if they make it so it's not taloi one on the other I'm
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  Tulin Zebazer. If they are telling on each
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  other the echala kayam Shiva tone, it's going to be too hard
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  for the second guy to be makayam meshivua vilocha Vera without
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  his friends. They're going to make a Shiva to
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  go to Israel to move the echad over vikashela sheni leilak
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  levad. So the first one is over it for
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  whatever reason, even if it would be a bit honest, the
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  second one is too hard for him to go levad Levad by himself
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  putter. So the second was automatically
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  putter Gamkin also OK that we learned earlier and let's start
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  reish lahmed Zain. OK, new topic, slightly new
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  topic. Hanishba insariklishava Besheim
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  of Bakinoy. So here's some details about
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  making a shivua, some technical details and how it works.
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  And what are we? What is actually?
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  Let's see inside Alev Omar, I need Nishba, Shreya, said Davar
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  Ploni. In other words, we want to know
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  how you actually verbalize and make this the Shibuya, this oath
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  and how is it called. So it's like this, all you have
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  to do is say I'm making a Shibuya or I am Nishba, I'm
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  making this oath, I'm vowing, Shreya, said Davar Ploni.
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  I am going to do something right.
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  It doesn't have to be on a Hefez.
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  This is a Shibuya or Shiloh, a sign or you make you see the
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  words shivua has to be that you use the words oath or shivua
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  vow, something along those lines that you're not going to do
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  something. Harry is a shivua then it's
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  binding as a shivua de raisa alpha Pisa lo hiskier lo shame
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  the lo quinui. Even if you don't mention in
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  your expression, you don't say it at all.
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  Hashem's name and not a quinui. I don't know a nickname for a
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  cottage bar, whatever creator Rahman Rahman.
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  However, Kinwi God Hashem is there all Kinwi.
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  What if you you have in mind that it's not about that.
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  It's not about right. If you have Kavana not to have
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  one. So, so then it depends if we
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  believe you or not. Varim should believe it and
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  varim. So so that's a Mahlakis.
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  We mentioned that before, right? OK, anyways, so let's read over
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  here the he skier, the Alpha official Loiskir lo Shenvila
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  Quinoi. Now, OK, so just to point out,
• 14:18
  the shot over here is if a person makes a Shivua without
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  Hashem's name or Quinoi. So according to the Rambam and
• 14:28
  the Shacho Khanarach, it's clearly a Shivua de Araisa, but
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  there's no heel of Malchus and no heel of Korban.
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  No malchus, no korban if you don't use Hashem's name.
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  So anyways, see them inside or the, the, the gemaras that talk
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  about it. There is an opinion, the shock
• 14:48
  points out that there is malchus.
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  But anyways, regardless, even if you even if you don't say
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  Hashem's name. So again, it's a whole
• 14:57
  discussion. But that's the that's the SAC.
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  And at the very least the shock says it's medin yados, whether
• 15:05
  it's directly a shivua or medin a shortcut of a shivua.
• 15:11
  Yeah, either way, it's it's Khal and the Gemara learns also here
• 15:18
  I'll just mention because it's it's going to come up the the
• 15:23
  story in Shmuel Shmuel Aleph Udalid.
• 15:27
  So in Pasif, I think it's Kaftalid, Shahul makes a a
• 15:31
  shavua. You remember he makes a shavua,
• 15:34
  they're about to go out to war to kill the police team.
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  And he says I'm making a shavua that nobody is allowed to eat
• 15:43
  anything, right? No one's allowed to eat anything
• 15:45
  the whole day until we finish off the police team.
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  So Shahul had in mind in order to get so the people aren't he
• 15:53
  wanted all of his soldiers, everybody, anyone who could be a
• 15:57
  soldier to get involved, be a soldier and finish them off in
• 16:00
  one day and, and just be done with them, eradicate them and be
• 16:03
  finished. And he felt that if they, if you
• 16:06
  would make everybody not not eat, so it would it would stop
• 16:11
  people from being distracted or you know, people busy in the
• 16:14
  kitchen or relaxing and eating. Just take this day and just
• 16:17
  finish them off already. Use all your energy every minute
• 16:20
  you have Shaul, right. So the the Raban Ramban talks
• 16:26
  about it in Vikra, the end of Biklkosai Kavzai and Kaftat that
• 16:32
  I mean, we kind of saw this before, but he mentions A melech
• 16:36
  and a Sanhedrin has the power to make a harem or a chivua on the
• 16:41
  seaboard. Even if the seaboard didn't hear
• 16:44
  about it, doesn't know about it and don't acquiesce, don't
• 16:47
  consent. That's their power.
• 16:49
  We saw this by the seaboard also that the Kahal can do such a
• 16:53
  thing. They can make a harem or a on
• 16:55
  the on the seaboard, but he points out and they can even
• 17:00
  make the punishment he of Misa. He says that by the melech and
• 17:05
  the Sanhedrin, they have the power to make it even on a a
• 17:08
  level where there's he of Misa, even if it's done bit the show
• 17:11
  gig. Yeah, so that's what that's what
• 17:15
  happened in the Tanakh. So it turned out the other
• 17:19
  reason that some say Shaul made the chuvua was also made in that
• 17:24
  the people should do chuva right?
• 17:26
  And that that would help them have more at slacha from a
• 17:28
  Kurdish barco. Fine.
• 17:29
  And then we all know what happened.
• 17:31
  His own son Yehonatan didn't hear about it and he took some
• 17:36
  of the the devash, whether it's, I don't know, nectar, sugar,
• 17:38
  honey, whatever it is probably some kind of nectar.
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  And he tasted it because he was he was hungry, he was famished
• 17:46
  and this and the and it seems that it was even perhaps and if
• 17:50
  it would be, perhaps it was be Koch nefesh, it'd be a mutter
• 17:53
  for him. But anyways, and so it came out
• 17:55
  with or even Tumi Manol's story and they were about to put him
• 17:58
  to death and Shahul was going to put him to death.
• 18:01
  So he doesn't show nepotism or that favorites.
• 18:05
  And but the people, the people saved them.
• 18:09
  And they said, what do you mean? We were in Matsiach because of
• 18:12
  Yonatan and he's great and and so, so, so to the the melech and
• 18:17
  the Synhedrin can also take back the chi of miso.
• 18:20
  That's also not a problem. Anyway, so that's the that's the
• 18:23
  story over there. Why is it relevant?
• 18:26
  So you see, Shahul made a chvua and our official points out, did
• 18:33
  he use Hashem's name? He said no.
• 18:36
  Look, in the Tanakh, there's no Hashem's name and it was also a
• 18:39
  shivua with the lhasan of a curse.
• 18:41
  We're about to get there. So if you say so, we all learn
• 18:43
  from that story. It's a Shiva de raisa without
• 18:45
  Hashem's name. And even if with the lhasan of a
• 18:48
  curse, haga the inky look, Imhotsi has shivua belhasan
• 18:54
  kodesh or belkhola shiomra shiomra.
• 18:58
  So if you say a shivu in any, any language, it's called me de
• 19:01
  raisa. Fine, let's go on to see if bet
• 19:06
  ishbiyo ehach almerlo anima shbi akashita asedovarploni person
• 19:10
  makes a shvua on somebody else. I normally wait.
• 19:14
  I'll just keep reading. Oh, Shiloh to asena you do
• 19:17
  something or don't do something until you make the shvua on
• 19:20
  someone else. So we know a person can't be
• 19:23
  can't make a shvua on someone else to do anything.
• 19:26
  It's not your jurisdiction except for the right, the
• 19:28
  exceptions that we just had by the meleks and Hejin.
• 19:31
  OK, let's see where So what happens over here, Vienna Amin,
• 19:36
  what if the person hears you, you you're telling him I'm
• 19:41
  making you make the Shiva. So this person speaking doesn't
• 19:45
  have the jurisdiction. But when the the person himself
• 19:48
  answers Amin, you know, let's say it once Amin, because he
• 19:51
  used the lesson of Shiva. So then it becomes binding
• 19:55
  Midairaisa and that the Gomorrah learns out also from a.
• 20:00
  Where do we see the answering Amain is binding in the Torah.
• 20:05
  We see that by a sota and the amra Isha amain amain.
• 20:09
  So again, you don't have to say the word amain twice, even once
• 20:12
  is enough. Rihanna amain, oh davar,
• 20:15
  Shanisha, Amanisha, macabo, Shuato or anything.
• 20:19
  Any expression that it shows that you acquiesce, you consent
• 20:23
  or agree with the shibuwa that it's binding on you.
• 20:25
  Ke goin shalmar Hain you say yes, Hain or quibalti de veraca.
• 20:30
  I accept it as if you said the word shivuwa be atsuman
• 20:34
  yourself. But I feel he should be O goy, O
• 20:37
  khatan. Now, even if a goy is the one
• 20:43
  who is makes you make the shibuya saying the goy says how
• 20:47
  much be on you that you are not going to do something.
• 20:51
  So if you answer Amin to the goy because you you said Amin, then
• 20:57
  it's binding Midoraisa. And so too, if a katan says
• 21:02
  Amashviya on you and you answer Amin, you yourself is the is the
• 21:09
  is the ghado and you said the words Amin.
• 21:11
  So therefore it's called midoraisa.
• 21:13
  Like Gumar says it's AI think it's a call Bahama Kilo a katan
• 21:17
  from the Goi and the Goi we know from Sidkiya Nabuka Netzar when
• 21:22
  he was Mashbiya Sidkiyahu. We have that the toss points
• 21:26
  that out and also by Yisro who made the Shiva onto Moshe.
• 21:31
  Both of them are going and they both made the Shiva onto some
• 21:33
  onto a Jew, and because the Jew agreed to it verbally so that it
• 21:38
  became, it became binding.