Latest / SHULCHAN ARUCH YOMI: Own the Halacha in 25 minutes a day! / Yoreh De’ah 239:1-2. Oaths: Similar Laws To Vows, Chilul Hashem, Shaking Hands, Raising One’s Hand, Marriage and Yibum
Transcript
- 0:01Hey, good morning. We are starting with Reesh
- 0:04Lammetet, the last Simon of Hilhat Shavuot, Nishva Aldevarsh
- 0:09Anbum Amish, all about Alha mitzvah, right?
- 0:13To make a show on something that there's no physical item there.
- 0:17It's for you to do something or not to do something or to not do
- 0:21a mitzvah. We're going to see here.
- 0:24We're going to start with the beginning.
- 0:25We're going to see, we know by, if you notice by Hilhos
- 0:28Nidarium, it's quite long. It's more than 30 simanim.
- 0:34Shivas is, I think less. It's about 5, give or take a
- 0:37couple anyways. So there's a big difference.
- 0:41So you're going to see an olive over here.
- 0:42It's a little bit of a review, just telling you most of what
- 0:46applies to Hilhos Nidarium actually applies to Hilhos
- 0:49Shivas, kind of like so we don't have to do 30 more just for
- 0:53Shivas. OK, so let's see it inside.
- 0:56Olive. Dean Hasheva kid Dean Haneder.
- 1:00In general, most of the halakos that apply to a shavua apply to
- 1:04another. Look, hold avar for everything.
- 1:07Well, it's not for everything, but it's for most things.
- 1:09Bing, the Indian should start Shiosi Biswatov.
- 1:13So for the Halakhatov, you have to in order for it to be called
- 1:16to be binding, you have to verbalize it.
- 1:19You can't just mentally think the nether or Chauvoir.
- 1:21And then I mean, there's there's an inion to be Makai in your
- 1:25thoughts, but it's not going to have a din of a Chauvoir or a
- 1:28nether and certainly not to the same right?
- 1:30That's not the same level. It's not the same.
- 1:33There's no, there's no derisa on it.
- 1:35It's not OK, no binding fine. So that's the same Allah hose
- 1:40bail in and is carbulum are Pete a pot heating the amorpat sorium
- 1:45are pot Stam so too that your heart and your mind has to be
- 1:50the same. You have to intend to say what
- 1:52you what's you have to say what you mean to say right.
- 1:55That goes by your intention and has to match if you say, if you
- 1:59think one thing and you by accidentally say something else,
- 2:04so then it's not called. So that's the same halaqa for
- 2:06both of them. Fine, then shahochim BA akhar
- 2:10lacham binay Adam, both of them that the same halaqa that goes
- 2:14by Lacham Binay Adam Bain inn hakama ubitula same halaqa
- 2:19supply for doing to be makayam to uphold or to to nullify.
- 2:26In particular, this is referring to what age it starts if it's a
- 2:30child or bar mitzvah or the year before and for a husband or a a
- 2:36husband or a father to do hafarah baro bat mitzvah.
- 2:44No, but I'm saying OK, the question is a father can only do
- 2:49a fara for a daughter. The what the issue of the year
- 2:53before business is, is is it another is a binding.
- 2:57Normally if a one is bar mitzvah or bat mitzvah, then it will for
- 3:02all halakhas. Generally speaking, until you
- 3:04are a bar or bat mitzvah, a full 12A, full 13 girl or boy,
- 3:09anything you do doesn't count. You're a din of a katan.
- 3:12No difference if you're 6 years old or 12 1/2, well, you're not
- 3:19bar or bat mitzvah, right? Whatever that age is, there's no
- 3:22difference. In general, there's issues of
- 3:26this, but in general it's either a Qatar or a Gado, Hilhos,
- 3:31Nidarian and Shavuas. It's the same thing.
- 3:34The exception is there's a drasha that is even one year
- 3:38before you are. If you know what you're what
- 3:40you're saying, then it already counts on a ARISA level.
- 3:45OK, Bay in the inyan Tanayam, if you make a tanaya for a nether
- 3:50or a Shiva, again, it has it's all based on Tanayam work and
- 3:56it's the same Viesh Omrin. OK, so here there's one
- 4:00deviation from what we're saying and we'll see.
- 4:03There's a couple other things. You know what, let me I'll just
- 4:11quote from here. Where's the best place to put it
- 4:13in? I'm just going to make a little
- 4:14quick little pause over here that you know what, let me read
- 4:23it inside and then I'll say, so let's let's read Vyesh Omrin.
- 4:26So here there's a question mark, Vyesh Omrin.
- 4:29Some say the Kashem Shenidre Zeruzin, the Hawaii unseen,
- 4:34Chicago's Mutareen who are doing the Indian Chavua.
- 4:39So the first opinion says that there's no difference for those
- 4:434 categories. Remember these 4 categories we
- 4:45say are never called to begin with.
- 4:47Whether it's if it was done just to motivate you or there was a
- 4:53gross exaggeration over here, right?
- 4:56So all the, or you were forced, someone forced you or they're
- 4:59going to put you in jail or kill you.
- 5:00Your life's on the line. So you make this Shihuah or
- 5:04Chicago's you totally. The whole shivua was made by
- 5:09mistake. It was a total misunderstanding.
- 5:12And so all these cases we say are not even called to begin
- 5:16with, right? Generally we're saying whenever
- 5:20it applies generally for all those things, we say you don't
- 5:23make that. You're not supposed to make that
- 5:24Shiva la Katrila, but if you did, then you don't have to do
- 5:29Hatara. OK?
- 5:30So that's the general rule for Nader we learned.
- 5:33And so we're saying the first opinion over here says this is
- 5:36the same by Hilka Shivaos. OK, However, Well, the following
- 5:41caveat applies also to Hilkaas Nadarim.
- 5:45So whether it's would would everyone include it or not?
- 5:49OK, depends on if you were writing it or not because it's a
- 5:54it's the same by Uncle Snadar. But anyways, we'll just stay it
- 5:56over here. This is the words of the when
- 6:01you made the Shwat Havai Loya Imam idwar vomar Shavada, but
- 6:06also Derek Hayote Mitzrayim. What we said a normal if you say
- 6:11a norm if you normally just say a gross exaggeration.
- 6:14We learned this already. A gross exaggeration.
- 6:18We assume you don't mean it seriously.
- 6:20It's not a shavua and it's not a nether.
- 6:22But if you say no, no, I mean exactly what I say, and I'm
- 6:25making a nether shavua, so then it is actually binding.
- 6:29OK, But there's no difference. And we learned that already.
- 6:32Deborah Pasha. It's fine.
- 6:34Here's the Mahlokis VA Shomrin. And this is what most akronium
- 6:37say is the halacha. So we'll go, we'll go with it.
- 6:44Vyesh Omrim that this is the opinion Mahalaka the Shavuot
- 6:48Havai. Behold, Governor Asuras that
- 6:51it's us, Sir, to make a Shavua Havai.
- 6:57And and it's called that you need to do Hatara even after you
- 7:02make it. OK?
- 7:04So that's that's an exception. Yeah.
- 7:08I don't think you'd be high of kurban.
- 7:11Maybe if you use a sham's name. OK, leave that as a it's a
- 7:16question mark. Fine fine, let's go on Umidivri
- 7:21Harambam then. He just quotes the diviri, the
- 7:24Rambam, which the post game say is not the halakha.
- 7:27And it's clearly not according to the Lakha as the Shokanar and
- 7:32the Rama wrote. And normally if the Ram if the
- 7:34Shokanar quotes the Rambam, it's usually not the Ikar halakha OK
- 7:40near it. Otherwise you would just say it
- 7:42neeraj shivous deruzin asuras gamba shahar shivous urine
- 7:47misvasha alpha Pisa patermi korban isura Mia ika.
- 7:51He says that all of them are actually asur, but the only one
- 8:002nd and and the way if you see the shock, he quotes a portion
- 8:05of the Rambam and he says like this, if it's on scene, it's
- 8:08mother. But if it's a shivat Havai in
- 8:11Chicago's so then it's it's ASA de Raisa, but patoor MI Korba.
- 8:18OK, so that's that's the opinion of Rambam.
- 8:21And yeah, I just wanted to point out there's a what's different
- 8:26about Shavuas Hawaii, because we said nidre, we said everyone of,
- 8:32I mean Lahalaka, we all agree Zeruzin, Onsin and Chicago's are
- 8:37you don't have to do any hatara for it.
- 8:40Even if you make it, you don't have to do atara.
- 8:41It's not binding at all. Doesn't need Atari.
- 8:46Doesn't need Mutaras, assuming we're right doesn't mean you can
- 8:54say it like I mean it depends. Usually if it's an onus when
- 8:57you're in that situation, it's like Akila for you to say it.
- 9:00So that's what we did. We said going, we mentioned, OK,
- 9:05so anyways, let's go. Let's I just wanted to point out
- 9:08that by Shivaas Hawaii is the one exception that we're mahamar
- 9:13and we say that's you need to do Hatara even after the fact.
- 9:17Why? That's the exaggeration.
- 9:18One's the Hawaii because the Gomara said, the Pasak says, and
- 9:23this is a, it's discussed really among the Rishoni and the
- 9:27Gomara's the Gomara the Pasak says and Shmos kaf Zain
- 9:31loyenake. That's on the Pasak of Lotisa.
- 9:35You're not allowed to make a, to say Hashem's name in vain.
- 9:39And that's referring to a Shiva. Lotisa is a lushan of a, a
- 9:45lushan of a Shiva. So there it says Loyanaka and a
- 9:50couple gamaras over there. I'll just .2 the gumarin Shiva
- 9:54slama tet what Allah says Koh Alam, the whole world needs
- 9:58nazao. They they trembled fear when
- 10:00they heard that. Because normally we say Nakaya
- 10:04sham is going to forgive you. But when it comes to shavuas
- 10:08saying a shavua in vain, especially with Hashem's name,
- 10:12Hashem says Leah Nakaya, I'm not going to forgive you.
- 10:14I'm going to pay you back. There's also a Myanmar Khazal
- 10:17that I'll say that in a moment. Yeah, no, it's over there that
- 10:23Hashem not only when it comes to Shiva's in particular, Hashem
- 10:27punishes not only you like by generally, by most of Averos is
- 10:32going to even punish your family because Silko Shiva's is very,
- 10:36very Hummer. And it's, it's your D board,
- 10:39it's your essence and it's with Hashem's name and it's, it's
- 10:42very, very Hummer. So that's why by a Shrewa we're
- 10:48more Mahmer by Hawaii than we are by Nidarian.
- 10:52Why? Let's see, there's a difference.
- 10:54Well, Tisa's going on a Shrewa and it's Alya Khaldivaro.
- 10:58OK, It's a lot, it's important and it's also it's D board.
- 11:02But it's not the same level of a Shrewa that that's it's in the
- 11:07now Sarah Siddiros, the Kurdish bar who made pointed it out how
- 11:11that it's more severe. And Nidarian Yurkhat Amarala
- 11:16just points out that Shivous is more just a statement that
- 11:19Shivous oh, Shivous are more Khamur than Nidarim in general.
- 11:26So just a couple examples. So we see over here by Havai
- 11:30exaggeration ones, we know that we're going to see it, we're
- 11:34going to see it, we're going to read it inside.
- 11:35I'll just point it out right now in Bomamesh, if you have a, it's
- 11:39kind of Shiva bihal on a davasha Yehbomamesh or in Bomamesh.
- 11:43So now there's only a Fieshbomamesh, but then there's
- 11:46an A Shiva also applies, it's more hammer, but it applies on
- 11:51Davasha in Bomamesh and it's on the person on the action.
- 11:54OK, we only say mushba, the Omed baharsini, that principle by a
- 11:59shavuas. We don't say that by Nadarn.
- 12:02So that's why that's another way, another area where shavuas
- 12:06is more an example where it's more khamar.
- 12:09And so therefore a shavua can't is not khalan, A shavua, but a
- 12:12nether. But a shavua can't be called
- 12:16nether or in a mitzvah. Anyways, one more thing.
- 12:21Malchus normally we say you get well this might be the same, but
- 12:26but as we see it's common because malchus normally you
- 12:29don't get malchus unless there is a misa by Chervuis.
- 12:33You can you can get malchus even without any kind of a misa.
- 12:37Should beto it and shall be learned.
- 12:39But darn, I believe if there's no misa, there's no there's no
- 12:45malchus. And what else did I need to want
- 12:49to point out? We're going to see this.
- 12:55I think the Araka Shulkhan also points this out.
- 13:00What's interesting to note that Shirua Shimba malkus.
- 13:05No, no, but I wanted to point them out.
- 13:09And Nader can be called on a on a mitzvah.
- 13:14So at your first glance, you might think, oh, Nadarim or more
- 13:17hammer, but it's really just the opposite.
- 13:20Because of the humor of Mushba, the omen Behar Sinai, it can't
- 13:25be Hall. So because Chivas is more humor,
- 13:28so it can't be Hall. The end result, it comes out
- 13:32that in a way, Nadaram has a Homer to it, but it's only
- 13:35because Chivas is more Hummer than Adaram.
- 13:38OK, And we're going to see that inside.
- 13:40So let's maybe that's included in between.
- 13:48Or you should be master sure. Right.
- 13:50So Shokanara holds that there's no difference.
- 13:53And then you do atara the same. We learnt about it.
- 13:57Maybe it's under bitula. OK, OK, Hagar, let's read the
- 14:04Hagar. If a non if a Jew steals from a
- 14:10goi. OK, This is not an issue of
- 14:12helkos maminas, any of us. A Sir, you stama.
- 14:16You have to. You have to, they pay it back.
- 14:18But the story is the Yehudi we're talking about Hilka
- 14:22shivuahs over here. A Jew stole from Magoy.
- 14:25Now the goyim in their in their courts, they made him make a
- 14:29shivuah if he stole or not stole.
- 14:32OK, Vio deim shanish Bala shekhar.
- 14:34So the Jews are there and they're seeing what's going on.
- 14:36And you see the guy's about to make a shivuah and it's going to
- 14:40be a shakur. So yeah, Kufuhu sheet Pascherian
- 14:44Magoyum. So you force as much as you can
- 14:47to the Jew to stop him from making a shivua.
- 14:51That's a lie, right? And just pay the money or make a
- 14:55pshara. Figure it out.
- 14:56Don't make the shivua the loyeshavala shekhar.
- 15:00I feel I am haya anus aleshvua even though you're an anus.
- 15:04Now we know if it's an anus, the shivu is not really Khal Hoyel
- 15:07Viyeshala Shambhi Shwatov. The problem is not a Shiva,
- 15:12that's you're going to violate it because you're an onus.
- 15:14The guy's going to throw you in jail or kill you.
- 15:17So you have no choice to make the Shiva.
- 15:18So it's not a real Shiva, right? You have a mind that you don't
- 15:21want to make the Shiva, but there's a kilo sham involved.
- 15:24So therefore you have to avoid the Shiva.
- 15:30And if there's no onus, I mean, if you are onus and there's no
- 15:33kilo sham, so then just have a mind.
- 15:36This is it's not a real Shiva. You have no choice.
- 15:40It's not speech for us since it's not a since you're honest
- 15:43and it's not going to be call or binding to you.
- 15:45And this is just, I believe, even with the shame Hashem, but
- 15:50again, but using a shame Hashem might make it more likely to be
- 15:55a hulashem. So it might be a problem that we
- 15:59said shuwa. There's no shuwa.
- 16:01It's just not a shuwa. Sorry.
- 16:02I know because it's in front. Of the other Jews who know that
- 16:05he's lost. Or in front of the goyim Jews or
- 16:07goyim it's a khulasham. Khulasham happens in front of
- 16:10Jews and non Jews but it's. Because the Jews know that he's
- 16:13lost. That makes it the Phil Hashem.
- 16:15You'll be found out, I guess. I think it's because you'll be
- 16:18found out. That's not if no one knows about
- 16:20it. That's not Khul Hashem.
- 16:22There is an element in life. If you remove a Kurish bar from
- 16:26the halal of any space in the universe, there is an element of
- 16:31khilosham. But in halacha when we use the
- 16:34word khilosham that usually does not refer to your personal
- 16:37heart. OK, base takiyat kaf deena kadin
- 16:42shahar shivas vyeshlahatara. OK, so this is important.
- 16:47The concept. We touched upon it before a
- 16:49couple times, but we never really addressed it inside.
- 16:53There's a halacha of giving. When you shake hands on
- 16:56something and you're when you do it, you're basically saying that
- 17:02what you're saying is true Ki ilu.
- 17:04You're using the words a Shiva. It's like a Shiva Mama.
- 17:08It's like, is it or isn't? We'll mention in a second.
- 17:12Fine, Ava at taket kaf Dina kadin shahara, Shiva's VA shala
- 17:18hatara. So therefore it's binding.
- 17:21If a person makes a takiyat kaf with a statement, you shake on
- 17:25it with someone that you're saying something is true or
- 17:29something happened or whatever it is.
- 17:31It has a din of a shivua, and if you want to go back on your
- 17:34word, then you need to do hatara.
- 17:37Let's qualify that a little bit. And as the Rama is a little more
- 17:45Mahman and Shakhanara, we generally don't do hatara on the
- 17:48shivuah unless you need to. OK, that's partially true.
- 17:54By Al Nadarian summary shown, you are more Mahama by Shivuah.
- 17:57It has to be even a bigger Tsarah.
- 18:00And that's the Rama says like Hathila.
- 18:02OK, the honey Miley Kashi Derek Shivuah.
- 18:05Now this is where it becomes a little bit of a Gray area
- 18:08perhaps in our society, the mice and nowadays, but it has to only
- 18:12be it's only counted as a shivua if it's understood that you're
- 18:16making a serious statement with, you know, sincerity and you're
- 18:21making a you're shaking on it like you mean it like a shivua
- 18:25about Kashidhar kapam zela zela Kiyuma Mecca.
- 18:30But if you're you're, you're shaking on a business deal.
- 18:33So you're not shake, you're shaking that you're going to pay
- 18:36the guy and stick to the price, but you're not making a shivua.
- 18:41It's a business deal. Now you have to keep your word.
- 18:44You meant it as a Geneva's does since it's a little bit of a
- 18:49Geneva issue. That's a separate topic, but it
- 18:51doesn't have a din of a Shiva. That's a real assignment.
- 18:55Fine, let me just finish the line.
- 18:57Ayla din Shivua Kal. That's akima Mecca.
- 19:00Khomemka certainly has no din of Shivua.
- 19:03Maybe it will stop or pass, I don't know.
- 19:06Let's read the Rama and kiet kaf.
- 19:09Great lama Ted bet Hagar. He could be a Yadav person.
- 19:14Raises his hands via Amar Anita kya kapai la shamayam.
- 19:19I'm raising my hands to or I'm shaking hilu hands with the
- 19:23shaman to the shamayam or to my my, my rock.
- 19:27I've got a sparkle, that's all. That's sorry Katara.
- 19:30You have to do atara on such a Shiva Hanotin kya kafa havero
- 19:35person shakes with his hands Vitala vedaito and he says
- 19:38basically again, it depends what's the nature of the Shiva.
- 19:41But you shake on that Jamaican hymn, deciding if you know if
- 19:46the Shiva is going to be hall or not, whatever the situation is
- 19:49Yahoo limko lo. So then your friends, since you
- 19:53told him it's Talo by him, if it's binding or not, he can just
- 19:56undo it and then you don't have to do Hatara because it's he's
- 19:59The Tonight. But if it's not dependent upon
- 20:03him, I saw Derrick Shavua. But if it's done like shaking
- 20:06hands, like a Derrick of a Shavua blow you, then you can't
- 20:13he can't forgive you because it wasn't Taloi by him.
- 20:16It was a Shavua with him. Oh, by Hatara and then you have
- 20:20to do Hatara. So I just want to point out
- 20:23what's the nature of the Kia cough.
- 20:26So is it exactly the same or not?
- 20:29So some say it has the same din mamish of a Shiva, it's a
- 20:32Mahloka din, the rishonium. Some say it's less, it's less
- 20:37powerful. Just I'll point you to the
- 20:40Rebikiva Agar. For example, he quotes from the
- 20:42Dharke Moshe who leaves it with a Tsarakhi.
- 20:45And exactly what's the nature? So he quotes 2 opinions.
- 20:48One is the Mordachi who writes that Kietkaf.
- 20:51It's a Mamish like a Shiva, and he's parshest.
- 20:57It's even if it you make a shivuah to somebody else about
- 21:02somebody else, like you're making a shivuah like I make a
- 21:08shivuah or you make me make a shivuah.
- 21:11The two of us, whether it's me and Gershon to each other about,
- 21:16I don't know, giving a gift to, to Moshe or doing a favor, going
- 21:21to the market for Ruvain, whatever the story might be,
- 21:25we're making the shivua to each other about doing me makai and
- 21:29the shivua to somebody else. Is that also binding?
- 21:33So he quotes from the Mahari veil that there it's not really
- 21:38binding. It's not, it's not Kiev Kaf has
- 21:42to be on a level of a Shivua. It's me din or mishum kritus
- 21:46bris. There's this, it's some form of
- 21:50a derisa where there's you make a covenant between two people,
- 21:55but it only is binding as a Shiva, maybe probably a little
- 21:59bit lower than a Shiva, especially with the with
- 22:02Hashem's name. But it's Kit Koff is binding on
- 22:05some level, but only when it's mutual or done between the two
- 22:08parties, not regarding a third party.
- 22:12And so therefore, if I mean, that's the, I basically said the
- 22:18example. So that's a Mahoka in the
- 22:19Rishonium. How far do you take it?
- 22:21I do want to just share 1 real quick, an interesting Shiloh
- 22:24regarding ibum here I'll quote from the well, there's two quick
- 22:29things I just wanted to quote. One is the Arakashoghan says if
- 22:31you, a person makes a shivua straight out, not to make, not
- 22:35to do ibum and not to do khalitza.
- 22:38So certainly if you mention both make a shivua, I'm not going to
- 22:41do enough. That should be again a shivua
- 22:45against mashikasu Batara. Mushava Harsenai should not be
- 22:50khal, although he does say it depends.
- 22:53He says maybe it is khal if there's a brother involved
- 22:57because you can always say that there's another one.
- 23:00Any quotes from the Rivash that it seems like if you're the
- 23:03oldest brother, it's not khal because what you're saying is
- 23:07mamash asir in the tarah. But if you're the younger
- 23:10brother it is khal because it first has to go through the
- 23:14older brother Anyway, it's the khakira.
- 23:16Not 100% clear. That's just an interesting
- 23:19thought. And then here, this is
- 23:21interesting that some of us are familiar.
- 23:22Most of us are maybe not many, certainly in the past, but many
- 23:26Svartik weddings when the they're in have this Herman
- 23:29Derebeno Gershom, they get up at the Khopa and under the Khopa
- 23:33the he makes or at least at some point at the Hassana, he makes a
- 23:38Shiva to the father-in-law that he's not going to take another
- 23:42husband, another wife, thank you, another wife on to the one
- 23:47he's marrying right now. Your daughter, right?
- 23:50So we learned this, this is a shua from this khatan to the
- 23:54father-in-law regarding the third party.
- 23:57So the question is so right, one's not allowed to no
- 24:01question, right? However, what happens if to get
- 24:04another wife he made a shua question is what happens if the
- 24:09Hubom situation happens? Let's say his brother, he passes
- 24:15away, has a wife, No, no children.
- 24:18Is he allowed to do Yee boom? So there in your beer Omer it's
- 24:21an Evaneser. He'll look a Zion where he
- 24:25discusses it and he says he's allowed to do Yee boom because a
- 24:30few reasons. Number one, it's Kias kaf.
- 24:34Well, it's it's a Shiva with Kias kaf.
- 24:36It's not a Shiva with Hashem's name, it's a he says you're
- 24:39shaking hands, you're not going to take another one, That's
- 24:42what's done. So the kids cough, you're not
- 24:43going to take another wife. So first of all, it's less
- 24:46binding than a real shavua and it's regarding a third person
- 24:52and a person. When he makes this shavua, he's
- 24:54not thinking about ebum. So he doesn't have in mind a
- 24:58ebum situation for that. He never made the shavua.
- 25:00These are all the different studies and puts together.
- 25:02And he says 1 can also. Yeah, so that's that's really
- 25:07what it is. And it's also done.
- 25:09Oh, also one other side why it's more Mako is it's not even done
- 25:15with. Well, similar to what we said,
- 25:17normally the Ketkov is done with the, let's say the officiating
- 25:20rabbi and the son and and the khatan not directly to the kala.
- 25:25OK.