Latest / SHULCHAN ARUCH YOMI: Own the Halacha in 25 minutes a day! / Yoreh De’ah 239:3-9. Oaths: When Binding or Not, On a Mitzvah, Marriage and Honoring Parents
Transcript
- 0:00OK, good morning Ray. Shalom attack the hot Shibuat
- 0:03last. Simon Sayef Gemo Shivua, Khala
- 0:08Aldevar, Shane Momamish. Shivua does it is binding and
- 0:13applies even on something that there's no physical object
- 0:16there. Kegan Shanishpa, Shalo Yishan or
- 0:20Shalo Yudaber. The person makes a shivua that
- 0:23he is not going to sleep or he's not going to speak, sleeping
- 0:29right there up less than three days.
- 0:31But OK, so these things are they're khal, right?
- 0:36Midorisa, they're even. It's on a verb and right,
- 0:39there's nothing physical there, right?
- 0:41Unlike in the darn we know is on the Heifetz.
- 0:45The person, well, it's on the Heifetz could be attached to the
- 0:49physical body. But anyways, it's on the Heifetz
- 0:51essentially, and the shivuah is on himself the the person to to
- 0:56do something or not to do something.
- 0:58Haga nidui, yeesh, lodin Shivua. Now when it comes to nidui, when
- 1:05a if someone's put into her and nidui.
- 1:09So what's the halaka? Does that have the halakhos of a
- 1:11shivua or halakhos of Nadarian, Right?
- 1:15There are some differences. Which one is it?
- 1:17So first he says it's a halakhah, follows the halakhos
- 1:21of Shivua, the Yesh Omrin. However, others right and the
- 1:26postgame say this is really the halacha to follow the dannin
- 1:30Lakhomra. We say no, it goes lakhomra
- 1:33shikhal da var shikhala lava Shiva al khala lava neder.
- 1:38So it goes on both, right? So generally we know Shiva comes
- 1:45out to be more Khammur, Nadarian Jen Jen.
- 1:49The only real hummr that comes out it's really a because of
- 1:53Akula becomes a Khumrah is it also applies on mitzvot.
- 1:57So it really applies to all the items.
- 2:00Anything that applies to Shiva or neder will apply to a nidoi
- 2:05Dalit Shibuya enakala a davar mitzvah.
- 2:08Now, a shibuya is not called on a davar mitzvah, being
- 2:13shahutsiya balashan shivua. It doesn't matter if you said it
- 2:17balasha and shivua, the way we always say is shivua shalmar.
- 2:21He says shivua Shiloh E Shiva bisuka.
- 2:24I'm making a shivua. I'm not going to sit in the
- 2:26suka. So it's not going to be called
- 2:28'cause it's a shivua against doing a mitzvah or even to do a
- 2:35mitzvah. OK, Bain should see a balasha
- 2:38neder or the Shokhana Pascans. Even if you said it in the way
- 2:42that we say a neder shamar like he says is shivat suka a lie be
- 2:49shivua. So sitting in a suka is on me as
- 2:52a shivua that he's that he's not going to sit in the suka or that
- 2:57he is going to sit in the suka or whatever the Shiva is.
- 2:59And so the Quran, it's not call only another would be if you
- 3:06were right, but another could apply on to the physical Suka
- 3:11Hagar vedavka benishwa mitzvah, lahood avali nishwa alaya bikola
- 3:17kala gamkin al davar mitzvah. So again we also mentioned this
- 3:23is Shiva Kolo. If you make a second Shiva that
- 3:26you add in addition to the mitzvah, so then it is called.
- 3:31So that's the Rama agrees with the Shah Khanarat and but he
- 3:34adds A component where it sometimes it will be called
- 3:38because if your Shiva included non mitzvah times with mitzvah
- 3:42times, right Matzah the whole year, even though the the
- 3:46mitzvah is only on the first night or the whole week.
- 3:50What however, you understand, but OK, let's say I won't eat
- 3:56matzah including yeah and if you leave it, it would be called if
- 4:02you said not the whole year, including Pesach.
- 4:06It's called because that's a Shiva cola.
- 4:08The Shiva is called now the post scheme or at least some the here
- 4:13the if you look in the Shah and the Taz they quote the Bach and
- 4:17the Rashal who disagree with this this last point to the
- 4:22Shokanara where he says if you make a shivua bilash on neder,
- 4:27neder can be khal on a mitzvah. So if you say a shivua bilash on
- 4:31neder they say it is khal and it seems from the Shah and taz they
- 4:36quoted that one should be mahamarlal khatrila and then do
- 4:40hataris hataris shivuas on that case.
- 4:44OK, OK is we'll come back to one of the nostocalium in a moment.
- 4:54Let's read after we finish. C Eva V OK Hey, Mila made a
- 5:01rebbie a teacher Shanishba Shimla you for talk Shisha
- 5:05Shavat. Let's say the rebbie is having
- 5:07trouble getting paid from the parents school, whatever the
- 5:11situation is. And he says you know what, I'm
- 5:14going to stop teaching your son if you don't pay me.
- 5:16I'm giving you a limit of six weeks and then you but tell how
- 5:21you're Ladim Ali Mudam and I'm going to stop teaching them.
- 5:24So I'll cheer for you until they pay him.
- 5:26There's no choice. And he makes a Shiva, A Shiva
- 5:29khala, not the Shiva is Khal, the mitzvah Lavale ramya Allah.
- 5:36Because the mitzvah is not on him to teach us the the kids.
- 5:39It's on the parents. It's the parents job.
- 5:40It's their mitzvah. So he's not making a Shiva
- 5:43against the mitzvah. OK, I'm no comment if that's
- 5:47good practices or not, but difficult situations.
- 5:52OK, See if vav hanishba al davar mitzvah Dara banan, what happens
- 5:57if a person makes a shavua on a mitzvah Dara banan?
- 6:02So just a quick caveat. We're going to we're going to
- 6:04read and understand and learn this.
- 6:05But Sol Simon's a little bit of a Mahloka rishonium or a little
- 6:10bit of an unclear topic. It's not my first in in the
- 6:13Gemara, but this is the clear halacha according to all the
- 6:17post scheme. Not really a so let's read
- 6:20Hanish Bhadava mitzvah darabanan.
- 6:22So you have a mitzvah darabanan to do.
- 6:24An person makes a Shiva against it Kagun such as But we learned
- 6:29it's a Shiva was not khal any mitzvah dar aisa because it's
- 6:32mushbah VE Ahmed Nihar Sinai. But Mitsus darabanan weren't
- 6:37given at Arsenai. So we say even on Hatsi Shi.
- 6:40Remember we say even on things that are dar aisa but not clear
- 6:44in the Hamesh, it's not khalan. Oh, sorry, it's not under
- 6:49mushbab on the maharsini. So we hold it is Khal Mahoka
- 6:53there too, but that's what we hold and right and Allah khala
- 6:59mushi and I will left it as a Sarah He on where that falls in
- 7:02OK here on Mrs. Zarabanand. Certainly it's not in the Torah
- 7:07Kegon Shalodha Haliq Nershal Hanukkah not to light candles.
- 7:11A person who makes a Shiva. I'm not going to light Hanukkah
- 7:13candles this year. I'm upset about something.
- 7:16I'm not going to light it. I'm making a Shiva, whatever it
- 7:18is you know Shabbos is also Darabana any there's a right
- 7:22there's a number of them seven famous main ones that are listed
- 7:26hollow, whatever they are Shalu Alikroha Megilla he's not going
- 7:31to read. But even all the small details
- 7:32of Mintzvis Darabana and all the details, right, there's anyways
- 7:38volumes of the of mitzvahs darabana.
- 7:41But even on the the basic ones, the whole mitzvah itself is
- 7:44Shiloh ikra, megillah. You know, he's not going to read
- 7:46megillah this year. So has shivuah khala.
- 7:49The shivuah is going to be khal because it was not mushbah.
- 7:55There's no shivuah on it. Yeah, there's a mitzvah
- 7:57derabana, but there's no shivuah on it.
- 7:59So therefore it's khal. OK, inish balakaya mitzvah
- 8:05darabana. And certainly if it also, if a
- 8:08person makes a shivua to be makaya mitzvah darabana, you're
- 8:12high of mishum shivua. So you're high of mishum the
- 8:14mitzvah darabana and you're high of mishum the shivua in Mevatla.
- 8:20So if you don't do it, so you're, you're you're high of
- 8:24the love of the shivua and you're also high of not of not
- 8:28being makaya the mitzvahsuh, the mitzvah darabana.
- 8:32OK, but who are then the Devarshihu Midrash Hakamim?
- 8:36Also any halacha that's in the Tara, that's from Hakamim
- 8:41Havadrasha Shenoma for Ashbatara, where it's not clear
- 8:44in the Tara. OK in a smahta.
- 8:50Yeah, well in a smahta Zakosheim is in even a dinda rice I
- 8:56believe, which is learn even a dinda rice exerus akasuf, but
- 9:00you learn it out from the besukim and it's not clear in
- 9:02the Tara Ahmed Varima murim. When do we say this benishba
- 9:08shalola mitzvah Dara banan? That's if person makes a Shiva
- 9:13not to do a mitzvah Dara banan Hola sota or to do it.
- 9:17And there's a mitzvahs asse. Mitzvahs asse has also go do
- 9:21this and you're going to make a Shiva to do it or not to do it?
- 9:24Is it call as a shavua? So he said it's so he said it's
- 9:28going to be khal fine aval in nish Bala varal mitzvah lotasay.
- 9:33But if a person violates a mitzvah of a lotasay, I feel
- 9:38Dharabanan. Even if it's Dharabanan, right,
- 9:41Certainly dharisa. But if even if it's Dharabanan
- 9:45Lokhala Allah, Allah. So then she was not going to be
- 9:49khal. At least we didn't shuvu at the
- 9:53B TOI again. There might be a shuvu at shop
- 9:55over here. Our main concern is B TOI.
- 10:00So then it won't be called according to the and so the post
- 10:06can quote the PCLCF also quotes from the Maharaj Ben Habib.
- 10:11It's in the Shah. What's special about the lotas
- 10:14say because it's more hamor than in the same category of a derisa
- 10:19per SE for this Salah of a shivuah because there is a
- 10:22mitzvah derisa of lotusur like you mentioned.
- 10:26So that's he Shah also mentions that he also quotes that perhaps
- 10:32again, maybe it might be on a might be on a level of Derabana
- 10:36and I'm not sure, but he quotes also there because there's a
- 10:40possible the other reason is emido de Vrehem Keshal Tara
- 10:44because Khaza when he made there takanas Derabanan rather Lavs
- 10:48derabanan, they made it on a level of Torah, at least for
- 10:51this halacha of Shiva. OK, again, it like I said, it's
- 10:55a little bit of a unclear halacha.
- 10:57This is really the whole source of this whole Siif.
- 11:00It's only from a vishonium. OK, what else did I want to
- 11:06point out? So all the post games say
- 11:10basically for the entire Siif Vav, one is supposed to, one has
- 11:14to keep the mitzvahs. So anyway, so just take a step
- 11:17back. If you think about what we were
- 11:18saying, a person has to do a Tara sidarium or a heart Tara
- 11:22chavu on this whole case, either because it might be khal or
- 11:25either because how can you? You can't make a shua not to do
- 11:29a mitzvah. We need you to do the mitzvah,
- 11:31right? So we want you to do the
- 11:33mitzvah. You need to do the mitzvah.
- 11:35So Mamayla, however, whether it's khal or not Khal, one has
- 11:38to do a Tara sidarium, No. OK, so the reason, Well, I'll
- 11:45tell you why because well, for the basically the entire CIF,
- 11:49we're talking with Dinder Abanan and we assume it is Khal and
- 11:52that's the clear halaqa. We say it's for sure khal.
- 11:54No question. On the law of Lotasi, the Shah
- 11:59Khanarak writes it's not khal and but some argue on him.
- 12:05So at least on that point, khumra, if you're going to not
- 12:10say calium, they show that it's not so clear.
- 12:12And everyone says llamais. So once you be Mahmir, I would
- 12:15say against or in addition, the the last line of the shalkanara
- 12:19and to be Mahmir to do a Tara. And then you would say call it
- 12:23call it Deus. So what?
- 12:30So now it's Shivua not not to eat Shrey.
- 12:34So I swear I'm not gonna first, it makes the Shivua not to eat,
- 12:41not to eat strafe. So it so then Shiva was never
- 12:48hall and not not a bee toy, not a not a shaab in your case, but
- 12:51we can rehash the Shaab is your you're green with the mitzvah,
- 12:57right. But let's not do a full Hazar on
- 12:59every seat. OK, very good.
- 13:03OK, good. And just to point out in the
- 13:06post scheme, again, like I said, it's everyone agrees on my side,
- 13:09it's not it is Khal on a mitzvahs.
- 13:12I say der Abanan for sure everyone agrees.
- 13:15So therefore going to so just as a couple of examples person
- 13:19makes the shuo the post can bring.
- 13:21So I'm making a shuo. I'm not going to go to Schulte
- 13:23Dauben. So the general assumption is
- 13:25down. There might be a kiyum of kidesh
- 13:28Hashem der Isa, but generally speaking, going to show to
- 13:31Davin. We all agree is a mitzvah
- 13:33Darabana as a whole and therefore the Shiva would be
- 13:37hull. But we want you to go to show
- 13:39right? So otherwise it's not good for
- 13:41you. So therefore one has to do a
- 13:43Tara. A person makes here an
- 13:48interesting case that just brought just for fun and say
- 13:51Eva, a person makes a Shiva, not to say kiddush on wine.
- 13:57Is that Khal so so they say, of course it's called because you
- 14:01can make kiddish on bread. The person says I'm not going to
- 14:06I'm not going to make kiddish on bread and wine.
- 14:09Is it called so then also many say you could be.
- 14:12It's set that Mahoka sarconium because you meet the Ravana and
- 14:18it's a problem to say there's no real bracha for kiddish without
- 14:21wine and bread. But there's feel of Marev.
- 14:24So most holds Satan Marev can you could be you would say
- 14:28kiddush dareiso by saying marev. That's what most assume.
- 14:32A little bit of a question mark there, but that's what most
- 14:34assume. And so therefore it would be
- 14:37called resign Hanish BA lakhlotz yvintoke.
- 14:41This we touched upon yesterday. I won't repeat what we said
- 14:43yesterday, but let's Hanish BA Lakhlotz Levanto Ainsen Nishwala
- 14:49Batalta mitzvah person makes a shivuah that he's going to do
- 14:53khalidza on the Obama right. It's his brother passed away,
- 14:59his wife, brother's wife now comes to him to do yibum or
- 15:03hilots to get married or divorce is not the right word, but
- 15:08whatever similar. So Ainsen Nishwala Batalta
- 15:11mitzvah, that's not called a shivuah, that's against the
- 15:15mitzvah because it's optional. He it's up to him, he can choose
- 15:25to do kalita or yibum. So just to say to do a shivua
- 15:30against both will probably be a shivua that's not khal.
- 15:35Then we mentioned you can look at the shakhter says look in
- 15:40Evanescer. We mentioned the Arkasholkhan.
- 15:41Depends if you're the older brother, younger brother maybe.
- 15:44OK, OK, Haga yeesh. Omring shahanishpa Lola galo
- 15:53have a person. He makes a shavua that he's not
- 15:56going to reveal anything that'll save him from losing money,
- 16:00right? There's a bit of shava saveda
- 16:03and included on there is Lahad seal the money of Cavaro.
- 16:08If you see that person's about to lose money, you need to save
- 16:11him before he loses his money. That's the grub points out it's
- 16:15from the the Rashva mentions it from the anyways from the from
- 16:18Gamarra's that OK, so it's important to save people from
- 16:25their money. So a person makes a shibu and
- 16:27not to is that included? So the Rama writes have a niche
- 16:32balavatal mitzvah that is considered shivua against a
- 16:37mitzvah natara of of shava savaida or saving somebody his
- 16:42money. They know hull.
- 16:43So therefore it's not going to be hull Omiko Markham nireli,
- 16:49right? So the Rama quotes the
- 16:50Ishomring, and however the Rama concludes nearly the Yeesh
- 16:56Lahtira tequila, I believe or Amar writes that one really
- 17:01should first do atarias and Darian not so simple.
- 17:04You have to tell him it's a mitzvah.
- 17:10But do first do Atarias shivas on your Shiva because this is
- 17:16really a midrash hakamim and he says it probably is called as a
- 17:19Shiva. But you're makai in the mitzvahs
- 17:24and OK and kriya tatara. But sibor and olive Dara banan
- 17:30Derma also points out kriya satara is also a Dara banan and
- 17:33so therefore a Shiva or another khal Allah.
- 17:36So we know a neder's khala in a mitzvah koshikin.
- 17:39Well, koshikin neder, but also a Shiva is also going to be khal,
- 17:43but it's a mitzvah Dara banan. And then shiva's for khala in a
- 17:46mitzvah Dara banana. OK, khed inish Bala durbe
- 17:50Malcolm shinasa isha. A person makes a neder to live,
- 17:55right? He's he's dating.
- 17:57He meets a girl from another city and he makes a shivua to to
- 18:02when he to to in order to marry her, he makes a shivua that he's
- 18:06going to live with her in that city.
- 18:08Alpha P Shaydeka whom to tell me keyboard of aim.
- 18:12Even though by moving cities he is going to be movato from
- 18:18honoring his parents. It applies nowadays as well, but
- 18:21a little bit less so in those days when you moved away, you
- 18:25might not see them once a year, once in 10 years, who knows?
- 18:28Phones and everything is all. It's a very different level, but
- 18:32it certainly applies today as well.
- 18:33And so 11 moves away from one's parents to a different city or a
- 18:37certainly different country, there is certainly going to be a
- 18:40lack or a loss of Kiba Dava Aim on some level.
- 18:43And so that's a problem. So therefore, however we still
- 18:47say even though he's going to be mita battel from Kiba Dava Aim,
- 18:51it's lohave nishva Lovato ETA mitzvah.
- 18:55It's not called a Shiva to go against the mitzvah.
- 18:58Why not Kevan Shaloha is it there's there's obviously a
- 19:02problem and a serious issue of a lack or a lesser amount of
- 19:08keyboard of the aim. But but it's not considered a
- 19:12Shiva Lovato to to go against the mitzvah Kevan Shaloha you're
- 19:16not in La Isha at Shaish Bakkem because he had no choice.
- 19:21He needs to get married. And this is, and Erica Shalkhan
- 19:25also mentions a little bit that when a man, man, a wife, lady,
- 19:31whatever, they when they find each other for getting married,
- 19:34it's really important that they like the person and they connect
- 19:37with the person that they find. And we don't say simply just,
- 19:40oh, just get somebody else. So whatever, just as an aside.
- 19:44But anyway, so this is who he finds and he had no choice.
- 19:48They make him make a shivua that he's going to move away from his
- 19:51parents. So what, what is he supposed to
- 19:53do? And we say that this mitzvah,
- 19:55it's also squirting them. It's still safe that this so the
- 19:59mitzvah of keyboard of aim on some level gets of nitra from
- 20:04marrying a wife. That's and so therefore, since
- 20:09you have you have to choose between two mitzvahs and one is
- 20:12nitra from the other when you make the Shiva, that's not
- 20:15called niswa Lovato ETA mitzvah. OK, the Hagar says the kosher
- 20:21Kane IMNASA isha zakina. Now certainly if a person
- 20:24marries an older lady, all right, now there's he's not
- 20:26going to have children from this lady Vinish Bala, and he makes a
- 20:30shurua to her. Shaloisa Isha Akharat, he makes
- 20:34a shurua to her. He's not going to marry another
- 20:37woman right on top of her. In addition, Alpha P Shalakim
- 20:42Perivarivia, even if you didn't have any, doesn't have any
- 20:45children yet. So how's it going to be Makai in
- 20:47the midst of Perivarivia? He's still the khala shivuah,
- 20:52the shivuah, right? It's a problem, but we have two
- 20:56competing factors here. But here, let's keep reading.
- 20:58Why? Well, hold on, let's the Khala
- 21:03Shiva, the Shiva is Khal. So there are not just two
- 21:06reasons, 22 separate reasons why this was going to be Khal, even
- 21:11though as an outgrowth of his shivuah, he's not going to be in
- 21:14the Kayam period of Eurivia Shaharay Kalalbazadvarium Shah
- 21:19Shiva kala Bahim al Nashim Shalaya Kal, the Kayam mitzvahs
- 21:25peri of Arabia. Because all right, we just
- 21:28mentioned earlier that the Shiva koala is going to be Kal.
- 21:32It's true you're being it goes against the mitzvah, but as we
- 21:36didn't the Hilka shivas, it's still going to be Kal because it
- 21:40includes women who other women that you can't have any children
- 21:44with. So now there's a wouldn't the
- 21:46shivua? It's it's not it's not affecting
- 21:52the mitzvah period of irivia because the woman who he's also
- 21:55making a shivua on are also 60 year old ladies who are not
- 21:58going to have or whatever the reason is past menopause or
- 22:01whatever. They're not going to be able to
- 22:03have any children. So since you're including those
- 22:07women, it includes women that you could have a children, which
- 22:10is Mavato Periovirivia, but it's a Shiva Cola.
- 22:14So it's called the the shock just points out it could be a
- 22:17zucchina, it could be a Cortana, could be an Ilonian to can't
- 22:21have any children. So if it's fertile women, so
- 22:26then that's for this reason. It wouldn't, it would not be
- 22:29called. But then he gives another
- 22:31reason. When you make a shavua bahave
- 22:34kanishba das havero, when you're making a shavua together with
- 22:38somebody as a as a deal and you're making it talo Ibrahim.
- 22:43He seems to hold that even if it's a mitzvah, it is khal.
- 22:47OK, I'm not sure if that's mahlokas or not, but that's an
- 22:50added, an added reason. OK, maybe we'll just do one more
- 22:55markpiece. Vishwa kanishba sholo Yoko Ki
- 23:00Karzai person makes a shavua. Now this is a different normally
- 23:05the whole concept of duplicating Nadaram we learnt about what
- 23:10about duplicating a shavua? Is that khal or not?
- 23:14Kagan Shanish bashaliyah Ki Karzai person makes the Shiva.
- 23:17He's not going to eat this loaf of bread, the Amar al Aker and
- 23:21then and then and then and then somebody and then he says on a
- 23:28different piece of loaf of bread or whatever the situation is,
- 23:31hey, Kamal, this item is going to be just like it.
- 23:35Is that going to be khal or not? So the halacha says Alpha Pisha
- 23:38patrami malkos and Mikorban Alakikar Hamutpas isura miha
- 23:44ika. So there's no, I understand,
- 23:46there's no isser, there's no Shiva de arisa whatsoever.
- 23:50And so there's no makisa, no korban, but isura miha ika.
- 23:54Maybe there are, maybe there's an isser de arisa, I'm not sure.
- 23:57But usually it means they're abandoned.
- 23:59Anyway, the I do the reason is because a nether you could be a
- 24:03mouthpiece when you say a key cars there on this item.
- 24:06It's a Heifetz, so it's appropriate.
- 24:08That's a lesson Nether. But if our lesson Shiva, it's on
- 24:11you doing something. It's not appropriate to say Hey,
- 24:14Como, and so it's not call. OK, we'll stop.