Latest / SHULCHAN ARUCH YOMI: Own the Halacha in 25 minutes a day! / Yoreh De’ah 206:1-4. Vows: Verbalizing, Am Ha’aretz, Yados Handles Abridged

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Yoreh De’ah 206:1-4. Vows: Verbalizing, Am Ha’aretz, Yados Handles Abridged · SHULCHAN ARUCH YOMI: Own the Halacha in 25 minutes a day!

• 0:01
  OK, good morning. We are continuing Helkos
• 0:04
  Nadarian. We are, we're on Raiche Vav, but
• 0:10
  we're finishing Raiche. Let me just sum up a couple
• 0:14
  points that are quite printed into Raiche.
• 0:18
  We spoke about an Amharat. So I just want to clarify your
• 0:21
  ad a little bit In Almaaritz who says who makes a nether that
• 0:29
  technically is not Khal, but he uses the Lushan of a nether.
• 0:34
  It's again he uses the Lushan in incorrectly.
• 0:37
  So it's not Khal, but he still made this nether so to speak.
• 0:42
  So the question is, are we mahamaran him and tell him that
• 0:45
  he needs to do a Taurus Nadari more In the meantime, he has to
• 0:48
  keep his nether so clearly. So this we just already learned
• 0:51
  this is a Mahlokas Rambam and versus Roche and most we've
• 0:55
  shown him Rambam. The Shulkanarak Paskan's like
• 0:58
  the Rambam in the in rash Hey, and says we're Mahamar.
• 1:03
  He needs to do Hataras in a darn.
• 1:06
  You're going to see in Rashkhat. It's many point out there's
• 1:10
  Astira in the Shulkanarak. It almost seems like he changes
• 1:13
  his mind, but Pasha see there's shock answers over there and
• 1:17
  there is and Miss Pasha, he is Mahmar like he's clearly writes
• 1:23
  here like the Rambam, Anita Tara Sundaram.
• 1:26
  The Rama mentions both opinions, right?
• 1:29
  He goes back and forth. Sounds like the Rama is
• 1:31
  definitely Mako, but he's except for when he makes such a fault,
• 1:38
  such an inappropriate Ned there on his wife.
• 1:42
  That's a mission already. So the Rama is Mahmar for a
• 1:45
  wife, but on all others he seems like he's essentially Mako that
• 1:49
  you don't need to, but he says, but it sounds like he says it's
• 1:52
  better to be mahamar. He goes back and forth.
• 1:54
  He quotes both opinions. OK, what I want to just point
• 1:59
  out is the Araka Shulkhan, because the Araka Shulkhan
• 2:03
  points out, number one, we have this Mahocus Rambam versus most
• 2:09
  Rishonian, if you even need to do such a thing.
• 2:12
  And again, we're talking about a Kumrah or Jindra banam.
• 2:17
  And it's a question who is called an AMA Aritz, which we
• 2:23
  also mentioned it's not clear a Shokanarak himself in the
• 2:27
  Shokanarak doesn't clarify. It is not clear who exactly is
• 2:32
  called an AMA Aritz. So we we mentioned opinions that
• 2:35
  are quite Mahmar that basically say kemat, all of us nowadays
• 2:40
  are considered AMA Aritz. Yereka Shokan says if you look
• 2:43
  in the postgame, it's not so clear.
• 2:45
  So the Oracle Shulkhan says basically to put a Homer al Gabi
• 2:49
  Homer Bisar Darabanan as a little bit too much or as some
• 2:52
  would like to qualify it as a fake sphaker.
• 2:56
  So the Oracle Shulkhan says, if you're talking about, you know,
• 3:01
  the regular guy who's not who may not be considered an AMA
• 3:04
  arts and you're talking about he made another that's not Khal for
• 3:10
  such a person. You do not need to be Mahamar
• 3:13
  like in the Rambam or the the Mahmir opinion mentioned in the
• 3:18
  Roma. And so then that's the Oracle
• 3:20
  Shokhan state obviously is Mahmir Bishto and fine.
• 3:25
  I just want to point that out. OK in case I didn't say.
• 3:30
  Also, even according to the Rambam, the post the post can
• 3:33
  point out, and the shock brings it, if a person made a Ned there
• 3:39
  inappropriately, you know, incorrectly because he was
• 3:43
  nanas, for whatever reason he was forced into it.
• 3:46
  So there's no kanas on him. So that's what it need.
• 3:50
  Atara Sundarian. OK, if it was, if it wasn't
• 3:53
  technically unsuccessful. Neda.
• 3:55
  OK, next topic on Reish. Hey, I'm going to raise the
• 4:00
  question right now and hopefully we will answer it at the end of
• 4:04
  this year because we need to learn Raishvav to fully
• 4:08
  appreciate the answer, which is today's Simon.
• 4:12
  The question is we learnt, basically we learnt that our
• 4:17
  understanding that there's two categories to make another
• 4:20
  either nidre isser or nidre korban slash hechtish that we
• 4:25
  explained well yesterday or the past couple days.
• 4:30
  So anyways, there's two ways to do it and therefore you can say
• 4:35
  you know Hare Alai like a korban or Hare Asura Ali, something
• 4:39
  like along those lines. You make somebody user to you,
• 4:42
  but you have to use the word isser or be a du hat pasta
• 4:46
  mouthpiece on something else like a korban.
• 4:51
  OK, so here's the question. What happens if a person Ki illu
• 4:55
  combines both together in one sentence and he sounds like this
• 4:58
  Hare Asura Ali, you are going to be user to me, Kemo IMA Ki IMA
• 5:04
  like like like my mother or a mother, right?
• 5:07
  And a mother is a dovre isser. It's not something that you're
• 5:10
  able to make a neder on it. If so, an eema doesn't work for
• 5:14
  Hatspasa, but it but it So what happens?
• 5:18
  The person said Asura first. Does that create nidre isser?
• 5:23
  But but you added Hatspasa but dovre isser.
• 5:27
  So is that neder hall or not? We will answer that either at
• 5:31
  the end of this year or the latest next year.
• 5:33
  Blue Nether OK, let's start Ray Schwab, because this is
• 5:38
  important to understand. Dina yados Hanadarin OK, Hands
• 5:45
  of Nedders Handles of Nedders. Let's read inside and you'll
• 5:49
  understand the topic. Basically, it means you did a
• 5:52
  abridged version, a shortcut statement of.
• 5:57
  You didn't say the whole thing, but we know what you had in
• 5:59
  mind, so let's read. Olive Yados handles Perush,
• 6:04
  Yado, Shahid, Khil Lindor. Like yeah.
• 6:07
  What is yados? It means you started to
• 6:09
  verbalize the neder, the lo gamar had de bourgh, but you
• 6:13
  didn't finish verbalizing everything that you're you're
• 6:17
  saying that you need to say the afal pihane, even though who
• 6:21
  nessaquila gamar kola dibor, since you started the proper
• 6:26
  expression for another, we know what you have in mind and you
• 6:29
  said enough that's needed. You say the minimum to fulfill
• 6:34
  at least the partial the handle portion.
• 6:38
  So that's as if you said the whole thing and it's Khal ke
• 6:41
  Adam shoheis biada Klee. Just like if a person holds on
• 6:44
  to a handle of a Klee by deka Mystamish, the Klee and then he
• 6:49
  uses the entire cleave, not holding the cleave, he's just
• 6:52
  holding the handle, but he's using the entire cleave.
• 6:55
  He gets full function of the entire cleave by just holding on
• 6:59
  to part of the handle or whatever the handle.
• 7:03
  OK, so that's what we just said. Let's read nadar.
• 7:10
  So yados nadarim ke Nadarim. Whenever you see a shortcut of
• 7:16
  the Ned there, that's like you said, the whole Ned there,
• 7:19
  right? Obviously it needs to be clear
• 7:21
  and we're going to have assumptions what you know, what
• 7:23
  the rest of what you said is. But fine, let's read on The Who
• 7:29
  she who, Mokhihotkhsat, Alan Neder.
• 7:31
  But there has to be, you know, some inherent, what's the right,
• 7:35
  not a proof, but it has to be an obvious, huh?
• 7:41
  Yeah, clear indication of what you're trying to say, Kate said.
• 7:45
  Ha ha, Omar Lavero. If a person says to his friend
• 7:49
  Mudarani mimcha, Shaini ochel lecha, I'm making it now.
• 7:55
  This is lashon Hazal. This this lashon's important.
• 8:00
  You're saying Mudarani mimcha, I am making a nether from you,
• 8:04
  Shaini ochel lecha that I'm not going to eat here when it says
• 8:09
  lecha means from your food. Mishaka mufrashani mimka shahini
• 8:15
  ochelaka or I'm separating myself and I'm not going to eat
• 8:20
  from your food. Oh marucha kani mimka shahini
• 8:24
  ochelaka or you say I'm separating myself that I'm not
• 8:28
  going to or distancing that I'm not going to eat for him your
• 8:31
  food asur lechol emo. You're not allowed to eat with
• 8:36
  him and eat his food. Really, you're not allowed to
• 8:38
  eat his food. I'm not sure if there's an extra
• 8:41
  sitting at the same table. Maybe you need to just put a
• 8:43
  separation. But you're not allowed to eat
• 8:45
  his food. That's really what technically
• 8:47
  that means. OK.
• 8:50
  Haggah. One second.
• 8:54
  Yeah. The Shah.
• 8:56
  I think it's here. Are we there yet?
• 8:58
  No. Let's read the Haggah.
• 9:00
  And then. OK.
• 9:01
  That's the Haggah. The yeesh.
• 9:03
  Omrim. The Afilu Amar shahani okhal
• 9:07
  lacha BAE lo leshonos aser lahal e-mail.
• 9:11
  So the Rama adds the you know, there's different ways to say
• 9:16
  the words and it means the same thing.
• 9:18
  I know you might not realize, but for these purposes it means
• 9:22
  and balashan khazal, at least in those times it meant the same
• 9:25
  thing. If you were to say instead of
• 9:27
  the words any O khalaka, but you would say shahani O khalaka,
• 9:32
  that means the same thing because you're saying I'm
• 9:36
  distressing myself that I'm going to eat from you, which
• 9:40
  means that I'm not going to eat from you.
• 9:42
  And all those things. They're how to make it us.
• 9:45
  But you have to. But he's saying it.
• 9:46
  You said OK, That's what it means, the shock.
• 9:54
  Does he add anything? But if you just say the words
• 9:58
  shani O khala hood or shani to M la khala hood lower mark, if he
• 10:05
  just says you know I'm not eating from you without the
• 10:09
  words mudarani, then that's doesn't do anything.
• 10:14
  That doesn't create any right there.
• 10:16
  I'm not eating from you. That's just saying those words
• 10:19
  by itself is not another the Imamar Mudarani mimka.
• 10:24
  And if you say the words Mudarani mimka one second and
• 10:31
  then he says Imochel and you didn't use I have the word
• 10:37
  lechha. He just quotes it as it's
• 10:39
  Arachian. Fine.
• 10:41
  Anyway, just stay away from Lechonov and say Nadaram and
• 10:49
  you'll stay safe. But if here that's here again,
• 10:54
  if you just say the words, I'm not going to hear from you.
• 10:57
  But you don't the law Mudarani Mimohar without using the words
• 11:04
  you're saying Mudharani mimukha has to be a lushan of a nether.
• 11:07
  That's not a yad. That's not what we that's not
• 11:12
  considered a nether. All right.
• 11:15
  It's not serious enough. It's not used in that.
• 11:20
  It's not used for that context. It has to be clear that it's
• 11:24
  you're making a proper nether. So you never use the words
• 11:28
  Mudhirani mimukha. There's not enough there to be a
• 11:31
  handle. It might be a little nub on a
• 11:34
  cleave, but that's not the way you hold a cleave.
• 11:36
  It needs to be a full handle. The IME, at least enough, the
• 11:40
  IME Amar Mudhurani mimka. And again, this following is
• 11:44
  from the Rambam and we're going to see that the Rama argues.
• 11:48
  Let's keep reading the IM Amar Mudhurani Mimka.
• 11:54
  If you just say those words, those two words and you one of
• 11:59
  those two words, velocium devara, but you don't explain
• 12:04
  that I'm not going to eat from you.
• 12:05
  So you just said those two words all by itself.
• 12:09
  So it's is that enough of a yard to make a Nader?
• 12:14
  So then it's not so the the Shukhana paskins.
• 12:17
  It is for the following. Let's see, if you say Mudarani,
• 12:23
  but you didn't specify of eating and you just said stum, Mudarani
• 12:28
  Mimuka that we know it connotes the following.
• 12:32
  Asura de berimo. Normally if a person says that
• 12:35
  stum, and this is the assumption, at least in those
• 12:38
  days, that it means that you're not going to speak to him and
• 12:43
  it's also to speak to him. But for Shani Mimuka, if you
• 12:46
  just said that those words, what was that?
• 12:50
  No, eating is mutter, eating is mutter.
• 12:53
  Is it just, I believe it's only speaking?
• 12:59
  No, just speaking, just speaking.
• 13:01
  I keep reading you just use those two words and it means
• 13:06
  asur la SE tu la Tait emo. You know how to conduct business
• 13:09
  with him. And if you just use the 2 words,
• 13:12
  then it's asur la barba amalta. If you use a lotion of
• 13:17
  distancing and you stop there, that's a yad.
• 13:20
  It's bonafide. That's considered a successful
• 13:24
  nether that you're not allowed to stand within.
• 13:28
  Dalid Amos of him. Fine, so that's the the psalk of
• 13:32
  the Shokhanar Vyesh Omrin. Now actually, if I understand
• 13:36
  correctly, you look at the nosekalem, this line is from the
• 13:41
  Shah and the Taz. They both agree.
• 13:42
  They do agree sometimes. And it's not actually the words
• 13:46
  of the Rama, it's the and let's read.
• 13:48
  And that's why the Paskan Viet omrim.
• 13:52
  I don't have a haggah. No, I do not have a haggah.
• 13:55
  Haggah sometimes means the Rama and sometimes not.
• 13:58
  That's not 100%. Oh yeah, I do.
• 14:01
  You don't. Oh, well, there you go.
• 14:04
  So it's not right. So some don't even have the
• 14:06
  following line in this Shokanara because it's not the Rama
• 14:10
  exactly and no Sekalian, the Shah and the Taz say that it got
• 14:15
  left that he should have said they write Sarah Ian Alharav.
• 14:19
  That means on the Rama he didn't bring the rush and Vahuli it can
• 14:24
  read it inside. That's so the Shah and SaaS says
• 14:27
  the same thing and therefore, you know, let's, I'll read you
• 14:31
  what my version of the Shah Khanar, it's basically comes
• 14:35
  from the acronym afterwards the Asian Rim, the Kochelosium Sheni
• 14:40
  ochel, ocheni ochel. If you don't use the 2 words
• 14:43
  sheni ochel lecha or eni ochel locha lav klumu, you didn't say
• 14:50
  anything. They actually don't have in my
• 14:52
  version doesn't even have the words lecha.
• 14:55
  We left it as it's a Rochian. If you left that out, that's in
• 14:57
  the shock before they don't even have it over here.
• 15:01
  But anyway, so maybe they say you don't eat it.
• 15:04
  Bottom line, they hold. If you just say these two words,
• 15:09
  it's not usser to eat, not usser to get any hana from the person.
• 15:13
  Because if you don't these two words, the Mudrani Mukhani
• 15:19
  Mukushani, it's not enough to be called the Yad according to
• 15:23
  these akhroni, the Shaktas and others.
• 15:26
  So we'll leave that as a OK, my focus between the Shakhanarak
• 15:30
  and those akhroni. I think we will continue to the
• 15:34
  next one. Halakha Saif bet Amar alakha
• 15:38
  Vero. A person tells his friend Mudar
• 15:42
  Anilikha. I am another for making a Ned
• 15:47
  there. There's a Ned there between us
• 15:49
  from Anilikha to you. So then mehila oh mehanda and
• 15:58
  you say from eating or from getting benefit.
• 16:01
  So then shenehem asurim oleanot. So then they're both zemisa if
• 16:08
  you use the expression modere ani lecha lecha and you say
• 16:14
  machilo mana. So then it applies on both of
• 16:16
  them in both directions or either direction, whatever above
• 16:20
  imamar modere ani mimka. But if you use the word from
• 16:25
  you, you say modere ani mimka mehilo O mehana and you say
• 16:31
  mehilo mehana who aser mehravero mehravero muturbo.
• 16:37
  So since this person speaking said I from you, then it goes in
• 16:42
  One Direction. If you just say some to you,
• 16:45
  it's more connecting the two equally and they're both user
• 16:50
  from each other. But right, you can't really put
• 16:56
  another per SE on you don't really have a control of
• 17:01
  somebody else, but you have a control of your items.
• 17:04
  So you can put another on someone else because it's your
• 17:06
  item. OK, whatever, we'll get to that
• 17:08
  later. I believe we'll get to that
• 17:10
  later. Not today.
• 17:12
  So anyways, if it's the, the point over here is the wording,
• 17:15
  That's what we're focusing on. If you say meme, then it goes in
• 17:18
  One Direction only. You can't.
• 17:20
  It goes from the speaker to the friend.
• 17:23
  So the speaker can't get benefit from his friend's item, fine,
• 17:27
  whether, and it could be from Al Ahila and Al Hana, if that's
• 17:30
  what he said, Gilmore Amar Menuda and Ilaha, if he says I
• 17:37
  am Menuda, me to you, right? This is not a Lushan.
• 17:42
  This is a Lushan of Nidui, not a Lushan of Neder, right?
• 17:47
  We're looking, we're learning Helkas Nidarium and all the
• 17:51
  technicalities are applied to Nidarium.
• 17:54
  We're not learning Helkas Nidui over here.
• 17:57
  Amar menude anileka O mash mitina Mina mashantina.
• 18:05
  However you say it, then it's both.
• 18:10
  That's a lotion of nidway, both of them.
• 18:12
  IMCM Dvarov, if he concludes his words Sheni O hella, and he says
• 18:20
  I'm not going to get any, I'm not eating from you.
• 18:23
  So you used you started with the lotion of Nidui and then you and
• 18:27
  you finish with the with the words of Sheni O Kalaka Ayno
• 18:31
  Neder. That's not a Neder because you
• 18:34
  you have to use the lotion of Menuda of Neder Neder.
• 18:39
  And he didn't so mutter Bacall, it's 100%.
• 18:42
  There's no Nederkall and everything continues as usual.
• 18:45
  Everything's mutter whatever is mutter the imlossiyam Davarov.
• 18:49
  But if he didn't conclude his word Shaini okalaka.
• 18:52
  So then asur la arba Amotov. So then it does count as another
• 19:01
  for the purposes of like we said, Marukhani or Mahfushani,
• 19:04
  whatever it is Marukhani technically so that you're
• 19:09
  you're essentially doing the same thing.
• 19:11
  It's a yard for Meru Haqqani or the same category of Anidui.
• 19:16
  It has to match what you're trying to say with the proper
• 19:19
  Lushan, the emocium de varva, nadina Mina, the CMBD varasheni
• 19:27
  O khalakha. If you use the word of nadina.
• 19:30
  So then aser emo, because what is it?
• 19:37
  The bear goes what I'm looking for.
• 19:39
  Who says that That's a Lushan of Neda, right, Right.
• 19:45
  Exactly. That's great.
• 19:48
  You know, it's like learning vocabulary from context.
• 19:51
  But anyway, so Medina could work if you specify what's a low CM
• 19:59
  Devar of but if you don't, so then Medina is a lotion of Neda
• 20:05
  of us or Lehen, not Mimenu. All right, similar to.
• 20:11
  Whatever previous somewhat similar to the examples in
• 20:15
  Olive. All right, So if you say Nadina
• 20:17
  Minak and you don't specify so then it's us to get benefits.
• 20:21
  OK, Haga Kovar nitbayer, shesh, hulkiness really with the whole
• 20:27
  Shiloh Amar sheni ochelaka. And this goes on on a previous
• 20:34
  statement at the end of Olive that anytime you don't use the
• 20:38
  words sheni ochel, I mean, it's not khal at all.
• 20:44
  Just saying those two words is not enough of a yard according
• 20:47
  to the Shaktas and some others. OK, let's do Dalit Amar
• 20:55
  khandidre rashaim Kharzai. A person is basically, I think
• 21:04
  this is going to be in the category of you're making
• 21:07
  something like Nidre hectis or corban.
• 21:10
  So your mouthpiece. So you're saying can nidre just
• 21:13
  like a Rashaian make nadarian? So too, I'm also into myself
• 21:18
  this piece of bread OSHA Amar, can nidre Rashaian and menu use
• 21:22
  that expression like from it. And he's saying I'm going to be
• 21:29
  away from this item in front of me.
• 21:31
  That's himenu, and the loaf of bread was right in front of you.
• 21:35
  You were staring at it when you said those words.
• 21:37
  So we know what you're talking about.
• 21:39
  Asurbo. Asurbo, right?
• 21:46
  That's all because Rashaim typically make Nadarim and they
• 21:51
  make an ad there on a korban saying the lotion of hurray alai
• 21:57
  korban. That's right.
• 21:59
  It's they will typically do that.
• 22:01
  We're going to explain in a second.
• 22:03
  Well, let me just, I'll just say right now that I guess we
• 22:05
  mentioned this before. Whenever you bring a carbon, you
• 22:09
  it's technically it has it's it's considered a nether.
• 22:13
  You make a nether to bring a carbon, but you can bring it
• 22:17
  with an expression of hurray alai.
• 22:20
  I'm making myself high of to bring a carbon.
• 22:23
  You might have in mind sheep, but it's not a specific sheep.
• 22:27
  So the responsibilities on you, if something happens to that
• 22:29
  sheep that you were thinking of, you're still responsible to
• 22:33
  bring an exchange. If something happens to it, it
• 22:35
  becomes puzzle whatever, and therefore you have to bring
• 22:40
  another one because you use the expression Hari alai.
• 22:43
  So that's what Rashaim do sharing and and certainly tell
• 22:51
  me, but Scherim, they generally will never make such a nether.
• 22:56
  Anytime they want to bring a carbon and they want to bring a
• 22:58
  nether to bring a carbon, they're always going to say
• 23:01
  Harizo. They're always going to use the
• 23:03
  expression, this animal I'm going to bring as a carbon.
• 23:07
  So if something happens, bonus to that animal and now can no
• 23:12
  longer be brought as a carbon, that's it.
• 23:14
  You're off the hook. You're not going to get in
• 23:16
  trouble if you don't fulfill your nether because something
• 23:19
  happened to this animal and you have no responsibility now to
• 23:23
  bring a replacement and you're off the hook.
• 23:25
  You didn't do anything wrong. OK, but otherwise you're on the
• 23:30
  hook. And then again, we, as we
• 23:32
  learned from the very beginning of these halachas, you don't
• 23:34
  want to make yourself put yourself at risk of getting in
• 23:38
  trouble of violating another. So that's why if you do a
• 23:42
  candidate shine, it's hard because they will make a nether.
• 23:47
  You said Canidre Rashaim Rashaim do make nadaiam and they do with
• 23:53
  the expression of Haray Alai, a proper Nader on a carbon right.
• 23:58
  But ksharium are only node VM. They're only going to give an
• 24:01
  adava. They're not going to.
• 24:03
  So let's let's keep reading and we'll conclude about Imamar
• 24:07
  Khinidre Khasharim, if you ally or Kinidre kharim Ki Karzai
• 24:13
  Anoklum, it's not Kaul because Akasha is never going to make
• 24:18
  such an adder. So you have nothing to be to
• 24:21
  duplicate, to be a mouthpiece on.
• 24:22
  It's never going to happen, at least right in general.
• 24:25
  So therefore it's not Kaul. Afili Omar, can he drink?
• 24:28
  Sharing key Karzai a lie Konam. Still, even if you say it like
• 24:34
  Konam, Konam is an expression, a keen way for korban.
• 24:37
  It's not going to be Kaul. Hello, in Ammar can nidvat
• 24:42
  ksharium alai oh, can nidvat ksharim key car ZE Harvey neder.
• 24:50
  But if you make a neder, you're doing a mouthpiece khak dish.
• 24:54
  And so you're saying can nidvae Khakhsharium and Khakhsharium do
• 24:58
  sometimes bring carbonas. They're going to bring it as a
• 25:01
  nadava subcategory of that neder.
• 25:04
  So then it is khal and it is a neder.
• 25:07
  And we're going to have to conclude next time.