Latest / SHULCHAN ARUCH YOMI: Own the Halacha in 25 minutes a day! / Yoreh De’ah 229:6-9. Vows: Hataras Nedarim: Annulling Partial Vows, Conditions, and Multiple Vows In the Correct Order
Transcript
- 0:01OK we are at Raish khaftat in helkos Nadarim.
- 0:05We just finished reading see if vav.
- 0:10So just to add that whenever one makes a shivua and then makes a
- 0:15tanai on that shivua. So we learned you do a Tara on
- 0:19the tanai and then you do a Tara on the shivua.
- 0:24SO2 quick comments 1 is so the case over there was ploni U
- 0:29ploni you just specify 2 people. What happens if you specified 3
- 0:34people in your tanai? So the Taz points out Dafka 2.
- 0:40If you would have specified 3, then that has the same halacha,
- 0:44same den as if you did it. Aldas Robin.
- 0:47So the Erich Lachem Omari Kash and the Atsi Lavona quotes the
- 0:53Simas Binyamin who quickly argue on him and say this is a tanai,
- 0:57this is not he. He did not state his neder al
- 1:01das rabim. If it's al das rabim, he must
- 1:03use those words. And then it becomes then only
- 1:06they can be matirit. You can't have anyone else
- 1:09replace them. And generally we only do it
- 1:12let's our mitzvah. So that's a whole different
- 1:14category we learned before. But if you don't say alda
- 1:18asravim, it's just a tonight that only these three people are
- 1:21the ones who can do it. So there's no it's not shayak at
- 1:24all. OK?
- 1:25So even if you ask 100 people, it's not considered alda
- 1:28asravim. It doesn't matter.
- 1:30I mean, even if you make it tonight on 100 people.
- 1:32OK. The next quick thing was that
- 1:34Moshe has asked a great question about kutar miksatom kutar
- 1:40kullo. So we learn if you're a matir
- 1:42than Neder MI ikaro. So the whole thing falls apart
- 1:46from the very source from the very beginning and all parts
- 1:49fall along, fall away with it. So that doesn't happen over
- 1:53here. It's because this is Etenai.
- 1:55So I didn't see anyone discuss it.
- 1:57It's this case is in the rishonium.
- 1:59It's in the base Yosef. But so I believe it's because
- 2:03it's the only time we say hutar kulo hutar maksaso is if the
- 2:08whole ESM Ned there is one when you have right?
- 2:13If you make 2 separate nadar and one after another.
- 2:15So it's separate here. So if you make a classic Nader
- 2:20usher to me like a corban, I don't know bread and meat.
- 2:25So that's all in one sentence, one action.
- 2:28Even according to Rambam, it's called 1 Nader.
- 2:31And if he falls apart half the whole thing because the
- 2:33assumption is the whole Nader was assumption you do in the
- 2:36whole thing. And besides, the whole
- 2:38foundation falls apart. But when you're talking about a
- 2:41tanai, like in our case, the tanai is something that's very
- 2:45steady, very secondary to the nether.
- 2:48You're not making a shivua. The tanai is not becoming us or
- 2:53to you. It's the tanai is I made this
- 2:55shivua on a tanai. So then we don't apply that
- 2:59principle that you part of it falls apart, the whole thing
- 3:02falls apart so that you have to then you do 2 separate tonight
- 3:05also of Kolshikane. We're going to see in a in a
- 3:07moment that if you make a separate net, a separate a
- 3:11second shivua and that shivua is like a tonight.
- 3:14So of course that's a second shivua.
- 3:15Of course you need 2 hattarium. So let's see that as we come up,
- 3:19let's read Zion. OK, IM hits Nabishat Shivua.
- 3:23Tell a person who makes a tanai at the same time he makes a
- 3:27shivua shalu taheni Teret la olam.
- 3:31So he makes a tanai in the Shiva that no matter what it can never
- 3:37be undone. So what do we say?
- 3:40Ain'tina okum His tanai is nothing.
- 3:43The Dwarian Val Maham, he just said a bunch of little
- 3:45gibberish, little words with no meaning.
- 3:49I had no no tophizes the the toss quotes.
- 3:52Are we from the Gemara? Shumdava shum neder.
- 3:57Sorry in lahashum neder BA olam shilo yo iolo shaila because
- 4:02it's mukha from the Gemara. You never have such.
- 4:06You can never make a neder. Where built into the neder.
- 4:09There's no way out. There's always a so you can
- 4:13question that later. And he says so says the base
- 4:15Joseph and the Rivash fine the Neder's hall.
- 4:19But the Tanai is not that doesn't happen.
- 4:23Oh well, in this case because it is a proper Neder.
- 4:26But if you say something that tonight that makes it so that
- 4:30it's unhataraable, then it's not a tonight.
- 4:34OK. Kayvon shaluk kalau bishwato
- 4:37shalo yisha al shavuatov the ink matirian khila hashmi avihar
- 4:42kaharisha. Now, if you made a shivua and
- 4:46then afterwards you make another shivua that I'm not going to be
- 4:49matirit. So that's that is that's that's
- 4:53it tonight. That's that is called because
- 4:55it's that second item is a second shivua that you can do
- 4:58hatara on. But if you say like, you know,
- 5:02this Shivua's almanat that it can never be had do hatara.
- 5:07So we still we we say that tonight is dividing is AM
- 5:13divided. It's just dividing the Alma.
- 5:14It's nothing but the but we are we are making a little of we
- 5:19don't say the whole sentence is nothing we have, but we do say
- 5:22that the nether is another but The Tonight is nothing.
- 5:25OK, fine, let's go to ket Kiba Allah kher and benido elaso
- 5:34dovar ploni belushum PETA vekarata material.
- 5:38So if a person accepts upon himself a cherimerinidoi to do
- 5:42to do something like one second. In other words, if he doesn't do
- 5:47it, he's going to be in Cherimenidoi.
- 5:50And he says it's belichung PETA. There's no way out.
- 5:53There's no PETA and no karata from his Cherimenidoi matirino.
- 5:59We we do it anyway. It's you can do a atara shayna
- 6:03Cherin. Sorry, love PETA V lo karata
- 6:07because and this is not, you don't even need PETA and kharata
- 6:13whenever it comes to DNA kharam in midway, you can just sever it
- 6:17like you mentioned before. You just sever it wherever you
- 6:20are from this point and onwards, the IM ahmar beli shun PETA
- 6:25heter VE kharata. And if you say the words that
- 6:31this is a Shiva that I'm making or a Heram that I'm heram, we're
- 6:35talking about that. But there's there's no way to do
- 6:39a PETA hector or Karata. So then Shokanara based on I
- 6:46wanted to be showing you here anyways, he says yeesh, lahush,
- 6:52it's a he didn't homra. It's not mikar again, so pretty
- 6:56clear from the task, but it's a homra that you say once you once
- 7:02you use the word Hector, we're afraid Hector is a lotion of
- 7:05Shiva. So it's as if you made a shurua.
- 7:09So there material lottila. OK, so in order to get out of
- 7:14the problem it was we don't want you to violate the Shura.
- 7:16So then we do material Lottila a la Shinia first we do atara on
- 7:22the the second one, which is that if you violate it.
- 7:33So first you do atara on the 2nd and then you do hatara on the
- 7:371st. Which is the 1st and which is
- 7:39the 2nd 2nd. Is the the condition for for of
- 7:43no Heather. So first we monitor the fact
- 7:46that we can in Hatara. Well, lahush kilu, we treated as
- 7:50a second shivua that you can't be hadu hatara.
- 7:53Fine, just go ahead text Nishba shala udaber imploni person
- 7:58makes a Shiva, he's not going to speak to anybody.
- 8:01All right, simple Shiva, I'm not going to speak to this person.
- 8:04The Nishba karka Shim udaber emo Shia Saba basa.
- 8:08Then he says another Shiva separate second that if he ends
- 8:13up speaking to him. Now this piece of meat is going
- 8:16to be usser on to me. OK, depending on the law shown,
- 8:18it's if a second if the second one is a shiroa nadar doesn't
- 8:21matter Nisha al Hari Shona. So here you have to be, you have
- 8:27to do a Tara sidarium on the first one, right?
- 8:30When the second one is a is a shivua not to do a Tara
- 8:33sidarium. So then you do the second one
- 8:35first. But whenever in this case, he
- 8:38already made the shivua not to eat.
- 8:41And so therefore the second shivua isn't Kali yet, because
- 8:45the second one's only if he violates the first Shivua and
- 8:48then he eats. So then the second shivua kicks
- 8:52in because then you do, then you do the shirua, then you do atara
- 8:57on the second one, right? Because that material on lo
- 9:02neder Velo shirua, because that's the principle we learned
- 9:08says we never do the atara until it is already starts to apply,
- 9:13right? We know there's Hummers, but
- 9:15that's the Mika idea. And as we say, it doesn't call
- 9:18it. You can't do Atara until it's
- 9:20called no, it's not Hal because the, the, the right, there's a
- 9:28condition. The second Shiva by definition,
- 9:31listen to his words in the Shiva, it's only Hal if he
- 9:34violates the first one. If he eats, then the second one
- 9:38kicks in. Now, can there be Hal on Hal?
- 9:41So then generally we say no, but that's if he violates the first
- 9:44one. Sorry.
- 9:45In this case it was that he doesn't speak to him.
- 9:48Whatever, whatever the whatever, the Shiva was right violating
- 9:50the first Shiva. OK, OK, OK, OK, so the shock
- 9:57clarifies what you're saying. You only do ataris Nadine on the
- 10:01second one if you speak. In other words, he made two
- 10:04separate shivas #1 not to speak. OK, so you have to take care of
- 10:09that Shiva first. The second Shiva was if he
- 10:12speaks to him, then it's ushered to him this piece of meat.
- 10:16So you only do Atara until you speak to him, then the meat
- 10:22shavua or never never is called. So this first one you do right
- 10:26away if you want to speak to him and the second Italian Zadarian,
- 10:30you do it after he speaks it and then it's called did not didn't
- 10:35not say that, but he but it's pretty.
- 10:38I think it's pretty obvious. I don't think anyone could argue
- 10:40with the Shah, but OK, because it's not called yet the train,
- 10:45the Nishba Shaloya Nellaploni Ola hakam.
- 10:49So here now the Plonia Ola hakam Shiish Allah Allah Shibuya
- 10:53person makes any Shibuya he wants.
- 10:55OK, that's shibuya #1 like not to speak to Mr. A.
- 10:58Then he makes a second Shibuya that whoever has the the hotspot
- 11:04to be Matiya, this Shibuya of mine, I'm going to put I'm going
- 11:09to I'm going to make a Shibuya or a net there on that person.
- 11:13He's trying to fortify his original Shibuya, get the rabbi
- 11:17in trouble, so he says Nish also what do you do?
- 11:21Nisha tehila al Hari Shona. So in this case, you have to do
- 11:25a Taurus and darim on the first one because the first one was
- 11:29hall right away and the second Vaharka Allah shnea.
- 11:33So the second time he has to do it.
- 11:35So then afterwards right afterwards, he makes Ataras
- 11:38Nadarim on the 2nd on the second one that was on the once he was
- 11:42Nisha. The second one is only if he who
- 11:47does so what's called so immediately when he did Ataras
- 11:50Adarim, but that based in that based in now is immediately
- 11:54assert to him or whatever his nether was Shiva and so
- 11:59therefore it is called so then he can immediately do Hatara
- 12:03Sundarium on the second one. What happens if a person makes 1
- 12:10Shiva that he's not going to get any Anna from somebody.
- 12:15And then he says and then he says and if I do have Taras
- 12:23Nadarim on this shivua, I'm going to become a Nazir.
- 12:27So then Yisha al shivua to tehila.
- 12:31So then you first do atara on the first one because that's
- 12:35khal. We are Kharka when he violates
- 12:38atara and then he becomes a Nazir because that's what he
- 12:41said. So then he does a Kharka al
- 12:43Nazir. Russo on his naziris.
- 12:45The Hain call Coyote brazen as the principle for any similar
- 12:49case.