Latest / SHULCHAN ARUCH YOMI: Own the Halacha in 25 minutes a day! / Yoreh De’ah 232:14-17. Vows: Unintended or Coerced Vows, Understood Conditions, Marriages and In-Laws, At One's Deathbed; Elkana and Chana

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Yoreh De’ah 232:14-17. Vows: Unintended or Coerced Vows, Understood Conditions, Marriages and In-Laws, At One's Deathbed; Elkana and Chana · SHULCHAN ARUCH YOMI: Own the Halacha in 25 minutes a day!

• 0:01
  OK, good morning, Rish Lahmad bays Hilhosnadarim.
• 0:04
  We are in the middle of the Long Rama.
• 0:08
  If you'dalid, if you'dalid towards the very towards the
• 0:13
  end, not the very end where the Shah has lahmad Zion, the Shah
• 0:18
  lahmad Zion. So we'll continue from there.
• 0:22
  OK, Mihu imhodia lagoi miyad shiatsami unso shahayalo tanai
• 0:33
  Bolivia bolahenia avor al shavuato, right?
• 0:36
  The question is if you make a shivua and let's say in front of
• 0:42
  a non Jew in particular the case is and you're going to be over
• 0:46
  your shivua now it might be another onus.
• 0:50
  So you are not your nether for that reason or Shiva.
• 0:54
  But the issue is Khelo Hashem, so he says.
• 0:58
  But if you tell the the guy right after you make your Shiva
• 1:03
  or before it's going to turn into a Khelo Hashem, you explain
• 1:06
  yourself so he knows and you won't get upset or won't turn
• 1:09
  into a Khel Hashem. So then so even if you're over
• 1:17
  your Shiva, it's not you're not over a lava of a Shiva.
• 1:20
  It was never a Shiva. The case is Nidre Onis me who
• 1:24
  Hakol defeat Sarah Kahinian, but just telling him may or may not
• 1:29
  take care of the Khel Hashem. Every case you have to look into
• 1:32
  itself, if it's higher, if it's another onus, and if it's
• 1:38
  Shurua. I mean if it's a Khel Hashem.
• 1:41
  And as the Arah Khel Khan's going to point out, especially
• 1:44
  at the at the end of the Simon, it's difficult.
• 1:48
  Oh, wait. I mean, we're going to see.
• 1:49
  It's sometimes difficult to determine if it's a nidre onus,
• 1:53
  and sometimes you need a little isha vadas from the hakamim to
• 1:56
  figure out if it's a proper onus or not.
• 2:00
  OK, Melek or Shilton. Shiatsavu Li shava lahagir al
• 2:04
  ehad in melek or Shilton. Yeah, Melek, you have an asim.
• 2:11
  OK, So anyways, when you're forced by a ruler by someone
• 2:16
  stronger than you are and right, you're petrified.
• 2:20
  So then and they make you make an oath that you're going to
• 2:23
  tell Imba al Hagoya on a particular person if he had
• 2:30
  relations with this Nanju Kadela anisho Mita in order to give him
• 2:36
  capital punishment to execute him, Mikre Shivuat onis.
• 2:40
  So this is a Shivua of Onis viyesh that he's going to
• 2:45
  tattletale who did it so he can give him a punishment.
• 2:48
  Viyesh lovatla biliba if you are going to make such a shivua of
• 2:54
  onus, so the Rama writes. But it's best to do bittle in
• 2:58
  your heart, like when you're telling the Shivua that you're
• 3:02
  saying either it's just for a day or for a minute or or you're
• 3:07
  not really saying the Shiva something to make it so it's
• 3:11
  you're being as honest as possible.
• 3:13
  I'll be here forced and the Ikar Adin.
• 3:15
  You don't need to in this case. It's not just an issue of money.
• 3:20
  It's an issue of someone's life and therefore you don't even
• 3:26
  need to have any other qualification in your mind.
• 3:30
  It's only a kumra in the Rama or so explained and I'll say kaling
• 3:34
  vahein IME uvain hifkid mammon now for uvain gives him money.
• 3:41
  Mammon biat shaman in the hands of shaman.
• 3:43
  So shaman's holding his money. But Siva hamleh O hassar al
• 3:47
  hakrim al mishi odea MI maman shell uvain now, now the guy, I
• 3:54
  guess the ruler wants to find out who's where is the money of
• 3:58
  uvain. Maybe the ruler wants to collect
• 4:01
  the money of or uvain and he doesn't know where it is.
• 4:04
  It's Heidi took it from his bank and he hid it in someone's
• 4:07
  house. So Shima knows where it is, He
• 4:09
  has it. So he makes a shivua if he knows
• 4:13
  where it is. And so he wants to make Shima
• 4:15
  wants to make a shivua that I have no idea.
• 4:17
  Imagui Rotselli Kachman Shilva Uvain but ona Shilokidian and
• 4:22
  it's a case where he's taking the money inappropriately and
• 4:25
  he's like he's stealing the money from and he doesn't really
• 4:28
  owe it to him. So the Ain Baharim Klum.
• 4:31
  So even if he makes a forces that see where to make a kharim
• 4:35
  on such a case, they were forced and it's not call Bahrain, you
• 4:39
  call Hanif Khadley Shava. And so too, if he makes him
• 4:46
  swear to Schumann, swear that he doesn't have it, it'll be a vaj
• 4:50
  shivat Leno bilibam. And here you should also be
• 4:53
  mavata in your heart that you don't, you don't have it, you
• 4:56
  don't know where it is. It'll be a vaj shilo yeh Hashem.
• 4:59
  Now again, there's the issue of shibua, but we also want to be
• 5:03
  careful of the issue of Hilo Hashem, the Gaza Shilton akhar
• 5:10
  aidut M yanishu hamake yoter medino nikra onis.
• 5:16
  So too, when you have two Jews, they I guess they got into a
• 5:20
  fight and the the the ruler wants to punish them and but
• 5:25
  more than appropriately. So that's on and he's making you
• 5:28
  make a shrewa accordingly gonna hit you Malkus more than a
• 5:32
  dentara, and therefore it is your that's also another case of
• 5:37
  onus. He doesn't deserve it.
• 5:39
  The EM inan Yuholi and Li Shamet, it's Ricin Mahagid Yaidu
• 5:44
  Vishalmul and Nizak Vishalmu. There you're going to pay if
• 5:48
  it's a case where it's forces you to pay, so then it's better
• 5:52
  to pay. The al yatzilu atsuan, the
• 5:55
  mammon have rehem. So sometimes it's more important
• 6:00
  to to pay than for the Nazak of somebody else more than you
• 6:07
  should have. So now, oh, you have to pay the
• 6:09
  other person Nezik for allowing him to get punished by the by
• 6:14
  the Goyesh ruler and not to save yourself at the at the expense
• 6:19
  of somebody else. Anyways, the case either way we
• 6:22
  also see from this case in the shock.
• 6:25
  He also says that whenever you can Imam leaves or Lahatsia
• 6:30
  whenever possible, do not cause anyone else damage to avoid
• 6:35
  making a a shivura here Ted valve mission anasad calvaro
• 6:41
  vyasaru the Mina yusurima achenishtala telo kafbakkah in
• 6:47
  beltashivo another OK, a person is forcing him and he's going to
• 6:52
  punish him and if he doesn't or he's going to hit him, he's
• 6:57
  going to punish him. If he doesn't give him make a
• 6:59
  shivua to pay so and so X amount of money.
• 7:04
  So then when you make such a shivua, you're you know, you
• 7:08
  don't want to get beaten. So it is a that's what you call
• 7:12
  a Shiva onus and therefore it's not Khal at all.
• 7:15
  There's no Shivua, there's no net there, there's no harem as
• 7:18
  it was done against their will. Even if you didn't even have in
• 7:22
  mind, you know that I'm not really keeping it or it's just
• 7:26
  for a young that that you don't have to have in in this case,
• 7:32
  OK, I'll just point out the shock points out in general,
• 7:34
  when it comes to money, we are worried about Khul Hashem.
• 7:39
  But if it's your life on the line and be Koch Nafish, then
• 7:42
  we're generally not worried about Khul Hashem.
• 7:44
  So as keeping your Shiva or not your Shiva, that was in Kafka
• 7:50
  the taz OK Nikol shekin in Kibel herim or shivua Allah of Nikola
• 7:56
  onus nita ET enochuum. Anytime a person accepts upon
• 8:01
  himself a herim or a shivua when your life is on the line, that's
• 8:04
  not khal at all. It's not binding at all, right?
• 8:07
  Just to point out again, this is in the shock where he points out
• 8:10
  that not to reveal a secret that may be Khal.
• 8:15
  Even if it's a case of onus. It quotes an opinion from Marvel
• 8:20
  Sarafael Medina. OK, that's the end of them.
• 8:26
  OK, save tadzai Misha shidakwitoven nadar latate
• 8:30
  Imasachmoud. OK, a person is marrying off his
• 8:34
  daughter and he agrees to pay a certain amount of money.
• 8:38
  Hagam means Venishwa, and we're obviously talking about a Shiva.
• 8:42
  So he makes a shvua that he's going to give a certain amount
• 8:45
  of money when they get married and order right in order to
• 8:50
  marry off his daughter. And then he was someone owed him
• 8:56
  money. He had money coming in from
• 9:00
  debts are due to him and something happens and he's not
• 9:03
  getting the money or his ship was supposed to come in and it
• 9:07
  sank on the way. Whatever the case is, he was
• 9:10
  expecting to have the money so he meant it in.
• 9:15
  But then it comes time to pay and he doesn't have he doesn't
• 9:17
  have the funds. If he doesn't have the money to
• 9:19
  pay that he promised local votes, he has no, he doesn't
• 9:26
  have any debts to redeem to pay. He doesn't have extra land or
• 9:32
  objects that he can sell. So then hoots.
• 9:35
  So then he's so then that's well, we'll keep reading Hutz me
• 9:39
  beto dear eBay Dirato Ukhlay Tashmi show, excluding his what
• 9:48
  he needs to live off of, whether it's his house or anything
• 9:52
  related to his business. Any is a questionable term, but
• 9:57
  basically whatever you generally speaking, what you need for your
• 10:00
  business, for your livelihood and your home, Pato, your
• 10:05
  partner, the EN lecha onus, gadol miza, there's no greater
• 10:09
  onus than this. When it comes time to pay, you
• 10:11
  didn't have the money, there's no way to pay.
• 10:14
  So this is a case of Niger onus that we were speaking about.
• 10:17
  So Ryan, you don't have to go into debt anyway.
• 10:20
  So it comes out from here that generally speaking, if you have
• 10:28
  an extra luxury home or extra income property or vacation
• 10:32
  home, something that you don't need to live off of, then
• 10:36
  Nisama, it sounds like you must sell in order to be Makayam.
• 10:40
  Otherwise you'll be violating your Shavua.
• 10:42
  And if it's something that's even a rental property, passive
• 10:47
  income, but that's what you need to live off of for your, we'll
• 10:50
  call it reasonable standards of living.
• 10:53
  So then all of those you probably do not need to sell.
• 10:56
  That's probably under Cle Tashmisha.
• 10:58
  OK, maybe you might need Baizdin.
• 11:00
  You're saying you just might need Baizdin to help you decide
• 11:02
  what's what's appropriate and not appropriate could be right.
• 11:07
  There's no obligation to have a a daisin over here.
• 11:09
  OK, now this discussion of paying and not paying again,
• 11:14
  this is helpless of shavuas. If you have to pay dinaimamanas
• 11:18
  you stole from money you owe from somebody.
• 11:20
  All those cases, it's the fee gufa whatever, if you're makai
• 11:26
  to pay someone or not, that's not what we're talking about.
• 11:29
  Means yeah, even if an onus, sometimes you still have to pay,
• 11:33
  but that's a debt. But we're talking about for the
• 11:36
  purposes of a sharua. And if there's no contractual
• 11:40
  obligation, then there's nothing left in our case.
• 11:44
  That's OK. Haga ruven Vishiman Shahid
• 11:47
  Dharim vahirakhas. So Ruben and Shiman 2 friends
• 11:51
  they live in the same city Vinish Boushneem lhasid be names
• 11:54
  Eliza and they each one has a boy, one has a daughter and a
• 11:57
  one has a son and they want to marry each other off to each
• 11:59
  other. They agree to it.
• 12:01
  They make a chivua vyakharka yachtsa reuve nubenomi Nahir.
• 12:07
  So then all of a sudden one of the friends and his his family,
• 12:11
  they pick up and they move to another city.
• 12:14
  And Shimon now Shimon now becomes putter from the Shivua
• 12:20
  because his shivua of getting married was on a condition they
• 12:24
  were going to live in the same city vein.
• 12:25
  Sorry, Klaholi Beto Akharov. And you're not obligated to be
• 12:30
  Makayima Shivua by moving, by having your daughter relocate to
• 12:33
  a different city. Come reuven patter Imhutzer.
• 12:38
  Let's say the Mikreonis. Now we had the case where
• 12:41
  Reuvenge disappeared. Was Reuven allowed to leave or
• 12:44
  not? Was that was he over a shivua?
• 12:46
  So it depends on his case. If it was a case of Onis, could
• 12:49
  be he had no pranasa and he had to go and that was his only job
• 12:53
  or whatever the case is maybe a sick parent or whatever the
• 12:56
  situation is. If that's Reuben's question, was
• 13:00
  it Onis or not? But the icar suge over here is
• 13:05
  what about Shimon? And Shimon also is considered
• 13:09
  onis, right? Because his Shihua was if
• 13:12
  they're going to live together, same city Mechanim Nish Bahaben.
• 13:18
  That was the assumption and that's enough.
• 13:21
  The thing Imnish Bahaben and if the son right, they didn't have
• 13:26
  to specify. Now the now when the son, if the
• 13:29
  son makes a Shibuya, the Avi Mutsuak, let's say it.
• 13:33
  Now let's say the son makes a Shibuya to marry this young lady
• 13:37
  and the son the the Bahar, his father moves cities after he
• 13:44
  makes the Shiva, the Aviv Hutzrakwat seit, the Inla Ben
• 13:48
  Pranasa Zulat Aviv. And the son has no way to make a
• 13:51
  living except his father's business.
• 13:53
  So now the son needs to follow his father and the daughter or
• 13:58
  the woman doesn't. Does his potential wife Kala
• 14:01
  doesn't want to come with him. So then he's not obligated in
• 14:05
  keeping the Shiva because the Shiva is.
• 14:08
  This is called a Shiva onus. OK, that's just this again,
• 14:15
  that's we're keeping that the health of Shibua.
• 14:18
  Other issues of getting engaged once they're engaged and this
• 14:21
  and that, that's another story. Not for here, but for just the
• 14:25
  Shibuya purposes. That's another example of nidre
• 14:27
  onis. You'd sign Misha Nishba Shiadur
• 14:31
  Malcolm a person makes a Shibuya that he's going to live where
• 14:35
  his father-in-law lives in Loyag Venu Onis.
• 14:39
  Unless there's some unforeseen circumstances, I don't think it
• 14:44
  matters if you say those words or not.
• 14:46
  But it's again, let's say there's it's not a case of
• 14:50
  there's no onus over here and you made a shibuat.
• 14:54
  When you get married, you're going to live next to your
• 14:56
  father-in-law. So right you have you have to
• 14:58
  keep it right. However, IM Siva who are here in
• 15:01
  Bishwilo Iyun Allah of Shalo Leila Lamakum Hamid.
• 15:07
  Now, let's say he or his friends hire someone or convince someone
• 15:13
  to, or they start bothering him to threaten him, to convince
• 15:18
  him, to scare him that they should have moved there.
• 15:20
  I don't know if you move there, there's going to be earthquakes
• 15:23
  or riots, or if you move, this is going to happen to you.
• 15:26
  Or you know, we're going to send people to hurt you and steal
• 15:30
  from you. If, if anyways, just because of
• 15:34
  that aims at onus, he's staging it, he's staging it or other
• 15:41
  people are staging it for Vishvilo, whatever it has to be.
• 15:47
  Again, it's not always clear what's considered onus.
• 15:50
  You have to see the each case, but it has to be real onus,
• 15:54
  right? If it's a simple case of
• 15:56
  staging, it's not an onus, right?
• 16:01
  And you can't and you can't break that contract.
• 16:03
  So now there is it really isn't Haga isha shenada Allah baila
• 16:08
  now woman makes another to her husband Bicholio when he's sick,
• 16:14
  he's on his deathbed. Maybe Shiloh tinase akremoto
• 16:17
  Olahafek. She makes a shibuya to him.
• 16:20
  I am not going to remarry after you die, don't worry.
• 16:24
  Or he tells her, don't worry, I'm not going to remarry and and
• 16:30
  then I love you to the end and don't worry.
• 16:33
  Oh Misha Nadella cola is a dovar or any chavua you make to
• 16:38
  someone on their deathbed, right.
• 16:41
  Oh you're afraid that this is becoming their deathbed.
• 16:43
  You're not quite sure whatever it is, but you're doing it.
• 16:46
  IM ASU zem mishum hafsara takhola shalotti tarif daito
• 16:51
  Allahabad can Ned their ownness. If the purpose is let's us
• 16:57
  clear, it's if they're asking you to make the Shiva, they're
• 17:01
  telling you, look, I'm about to die, make the Shiva.
• 17:04
  And you're afraid that if you don't make the Shiva, they might
• 17:06
  pass away faster because now they're going to have to be
• 17:10
  stressed and anxious about who you're going to marry and they
• 17:14
  don't want you to. So then that's clearly a case of
• 17:17
  onus. Now, even if they don't be
• 17:19
  moffed through you again, it could be a case of onus, but
• 17:23
  it's only a case. It could only be a case of Nidre
• 17:26
  onus in general, if you're doing it so that they don't die
• 17:31
  faster, right? But if you're doing it just to
• 17:35
  make them happier, it's not going to make a difference.
• 17:37
  They're going to die and not die won't make a difference.
• 17:40
  You just want to promise them you're going to do them a favor
• 17:44
  or do do something nice to them. So then generally speaking, that
• 17:48
  would be a nether that is Hal. Let me just keep reading Aval
• 17:54
  inlawa sake mupanesa El mupaneda var author.
• 17:57
  If you made a nether for another reason, it's they didn't push
• 18:03
  you to do it and it's not your life.
• 18:05
  You're not you don't think that this is going to make a
• 18:07
  difference for their life and death if they're going to die
• 18:09
  sooner because of the anxiety, it's not a case of illness.
• 18:13
  So then you're telling them you're doing it for them.
• 18:17
  So that's a case of Alda as Caveiro if you go back to
• 18:21
  Rayshaf. So there are different opinions
• 18:24
  over there. The general main, I think the
• 18:27
  mainstream opinion, at least of the Chaufonarov itself, is that
• 18:32
  you're not obligated to keep another that you make to
• 18:36
  somebody else unless they're giving you something in return,
• 18:40
  because then that's Aldas Aveiro and you can't do attara without
• 18:45
  their permission. But if it's just you walk up to
• 18:48
  someone and again, there's different opinions that Rama, it
• 18:52
  might mentions shakhanar, more strict opinions, but that's the
• 18:57
  straight stom Sholkhanar. That's OK.
• 19:02
  Interesting case similar to this.
• 19:04
  The Araka Sholkhani points out that it also if you make a
• 19:08
  Sharua to not ream to not remarry, then he says that's A
• 19:15
  to not to marry anybody. He says that's a Shiva to do an
• 19:19
  Issa. So he says for that reason it's
• 19:21
  also not going to be Hal. He says it's both to Nidre Onis
• 19:25
  and it may not even be Hal because it's against Nessa.
• 19:28
  It also depends maybe period of Arrivia.
• 19:31
  If you don't have any children, for sure it's period of Arrivia.
• 19:34
  The shock also references a case front in the Basiosa if he
• 19:38
  brings it's a long chuva that's brought down.
• 19:41
  So I'm not going to get into all the details, but the Shah
• 19:44
  references it with it's interesting from Tanakh
• 19:47
  beginning of Shmuel where El Khanna is married to Tahana and
• 19:54
  then he gets married to Penina because he can't have any
• 19:57
  children with Khanna. So what happens?
• 20:00
  Khanna steals all of his belongings.
• 20:04
  And makes and says I'm not. Basically takes away all of his
• 20:08
  money, freezes his assets and tells Elkanah, I'm not giving it
• 20:12
  back to you unless you make a shuvuah that you're not going
• 20:16
  to, that you're not going to marry Panini, you're not going
• 20:19
  to. So the question is, was that
• 20:22
  binding? He won't be able to have any
• 20:25
  children if he doesn't marry somebody else.
• 20:28
  So that's one reason why it's probably not binding and he took
• 20:31
  all of his money. So that's another reason why
• 20:33
  it's probably nidre onas. But I am sham.
• 20:38
  It's it's it's in mem dollar. But he does Shaq doesn't go into
• 20:41
  details. He just references it.
• 20:43
  So basios it, but in the Shaq you'll see where it is.
• 20:47
  OK, what I want to point out interesting case in the Piscre
• 20:53
  Chuva the now again, he quotes the Shuus Yakov and well, I
• 21:00
  think most would agree with it. So let's see what he says.
• 21:02
  The RF the Schulman brings it also, but again, it depends on
• 21:06
  the case. Basically, a man makes a Shirua
• 21:10
  because it's going to happen. A man makes a shirua to his wife
• 21:13
  before she passes away. And he says, listen, for the
• 21:16
  first year we're going to get, I'm going to get together a
• 21:19
  group of men in, in in my home every single night or whatever
• 21:22
  the case is to learn on your behalf.
• 21:27
  Now then you realize, then she passes away and he goes, what
• 21:30
  did I just do? This is a little bit too much
• 21:32
  every single night. And no one's going to come
• 21:34
  unless I pay them. Now I have to start paying
• 21:36
  everyone to come. So the question is, does he have
• 21:38
  to be, does he have to honor the shivua or not?
• 21:42
  So in the Chuva, he writes well, well, it's a it.
• 21:48
  Well, that's the question. If is it called a nidre onas or
• 21:54
  shigaga? Is it, it's a good question
• 21:59
  anyways, he brings it over here. It's sort of related or we're
• 22:02
  talking about when he passes it's it's all right, similar,
• 22:07
  OK, it's a similar case, sort of, I mean variation.
• 22:11
  Anyways, So what is Yposkin? He says you have to keep the
• 22:14
  Shiva number one. He says, So the point is here,
• 22:21
  even if you made the shuwa because she forced you to make
• 22:25
  the shuwa. That's why it's very relevant if
• 22:28
  you, if you voluntarily made the shuwa and you said, listen, I'm
• 22:32
  going to do this for you. So that's the case.
• 22:34
  That's she didn't ask you to do it.
• 22:37
  It's Nupunay I believe, and it would be Kha.
• 22:42
  But if she got you to do it, she says, please, I need you to do
• 22:45
  this for me. Then that's the case of Nidre
• 22:47
  Onis. But he writes, it's still Kha
• 22:51
  because it's to do a dove our mitzvah.
• 22:54
  And there's also to Ellis for the neshama.
• 22:58
  Maybe that makes a little difference, Aldas Favero.
• 23:00
  But it's really because it's nidre mitzvah.
• 23:02
  That's the main point. So he and me, the Arafa Sholtan
• 23:05
  writes. And therefore in such a case,
• 23:08
  you can't just walk away. You would you have to be keep
• 23:12
  it. And he says if you don't specify
• 23:14
  a minion and two peoples enough because you just said people,
• 23:17
  you didn't say how many. But again, if it's Sarah Kadhal.
• 23:20
  So then we learned that Kakami can be at Madhu Hataras Nadaram
• 23:24
  if it's Sarah Kadhal.