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The Brisker Rav Cites Rav Chaim's Revolutionary Perspective on Stipulations By Nezirus

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Rabbi Daniel Glatstein Official avatar
Rabbi Daniel Glatstein Official

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Correct. >> Okay. I want to share with you something on if you remember the gar discussed in the Mishna a guy who says I'm a nazar on condition that I could drink wine. That's you know what a what a condition. I'll be you know it's like I'll be Jewish on condition I don't have to keep the Tyra. you know, I'll I'll uh I'll learn shas on condition. I don't have to learn gamarra. I'll you know, I'll uh put on fillin on condition. I don't have to put anything on my arm or my head. What exactly does it mean? I'll be a ner condition. I don't have to drink wine. So Gomorrah says no it's asked the following question asks there's no way to be a through a we say that a has to be similar to the in other words only a that you could fulfill through a only only excuse me only [clears throat] only something that you could do through a could you make a tai you can't make a nether or you can't make nazerus through a I can't say I'll be a nuzer and then someone and send someone to be a nazer for me. So since there's no way to fulfill then you can't make a we learn out in that you can only make a where the act could be done. Sois answers other people could bring carbon of nause for you. So it's considered it's a misa that you could do through a but says kash is why does the gar have a problem that it's it's there's another problem there's a different reason why the shouldn't work because the msa cannot be be fulfilled through by the way asks in the goas why is the reason of mashra a worse reason than the reason to wants the garra to say that it should not be a good because you can't do the ma why isus's reason better than the reason the garra gives but that's to's kasha why did the garra have to say it's not a good because you're stipulating against thera it shouldn't be a good because it's an act that you can't do through okay so I want to share with you brisker's answer to this question. Now, where I come from, it's a little bit of a problem when you have an answer to Tyus because Tyus didn't give that answer. So, that means Tyus doesn't hold of the answer. But is uh from the greatest uh of the So let's let's learn's answer to Kasha. I'm going to put it up. Um here we go. Where is it? It's found in Kush Maran Riz Halevi. Okay, here we go. I'm putting it up for you. [clears throat] It's the first Grizz in Hilus Nazerus. there. Then he brings fromus the tyus says other people could bring the carbon for you. So it's considered like you could do it through Riker asks like we pointed out that this still doesn't answer um other cases in the durim where you could make a and there the you can't do through. So the brisk brings the following from he says that that you could make a because you don't need to know to make a by other areas. of Torah. We learn out tonight from Benu, right? We all know where do we learn out the laws of from Benuaz you don't need to learn out from benu but because if you say something and that this item should only be standing on certain conditions then in that case you don't need it's aimed there's something lacking in your articulation of your commitment You don't need a special to learn from. You need [clears throat] if it was not fulfilled according to the way you stipulated. This is not included in man in his oath. It's like if you made a nether under a false pretense or if you make a with its pes with it. Why? It's not because this is a regular forim. It doesn't have to be similar to there meant there's a a more fundamental loophole. Why? If you make a stipulation that's unfulfilled, then there's not it's [clears throat] because you didn't articulate it. It's you're you didn't mean it. You didn't mean it. Durham, you have to mean it. If I say I'm going to make another on condition that that the clock changes, if the clock doesn't change, the reason why it's not an is not because I learned out from Ben G Ruain that it's not an Ether. It's because there's a special requirement that a nether has to be enunciated with your heart meaning it. It's not because The reason why it's not a good is because you can't you can't make the you can't make the misa through. That's not the reason why the of anderos do not need to be learned out from this is a tremendous inad that when we're discussing the stipulations of an this is not like a stipulation of kaducen or other effectuations. It's different by a nether. It has to be annunciated with the full participation of your intent. And if this stipulation is unfulfilled then it's lacking in your kavana. It's lacking in your intention. >> Okay. So >> similar to what the ter was like >> is that similar to what the garra is saying? Well it's not at night. He was he was giving specific conditions and because you can't so therefore it's not a >> well what about the fact that you're stipulating against what the Tory says. So what why doesn't work for what the Garra says is answering's question wants to know why didn't say that tonight doesn't work because it's So is saying no we're not the den of learning out from the that has to be that's we learn out from that's the is not learned out from but that sounds like that's not because it's not similar Tonight ruin that's because you can't make such a condition that that condition is null and void that must be different. You want to know is ultimately the garra says in uh in levy that And by the way, what's what's the lumbus of ammonas? Since it's so according to you, you need to make a nether from all aspects of nazeros. So it's fundamentally flawed. Not sure. I don't think it's the same thing. Ram Shivan is saying that it's like you excluded that aspect of Nazeros and in order for Nazeros to be you have to uh accept all aspects of Nazeros. Okay, I wanted to do something on Diodar. I just I can't find the original source. My Rebiker doesn't have it. I I have to search further. I couldn't. Uh so we did something on Yud B and Yalef. I think we have to do at least three more. So stay tuned. Now this week I have a wedding Monday night. Um and so it might uh we might do tonight a little bit earlier than 9:15. Okay. And then Tuesday night. Stay tuned for the further scheduling. Thank you very much. Um, >> recording stopped.