Why Don't We Say "A Neder that Is Is Partially Void Is Completely Void"

progress okay good morning everyone thank you for joining today um for those joining or those listening I want to remind everyone beem March 3rd to March 5th we're having our first uh convention we're going to be speaking about amazing topics I think we're narrowing it down to uh talking about the parameters of P what is considered does it have to be a danger now does it have to or even a danger later or um morale is that considered Sak we're going to be talking about of uh coming of mhia and a very interesting uh venue so please mark it on your calendar okay today we're going to uh dig in to a very important question actually it's pretty amazing to me Thursday night I was looking for something to say um about I had a family event on the shabas I was looking in the sa for sh I couldn't even remember the name of the saer I finally HD me sh I once saw something in the hak there I don't think I ever gave a Shar from sh but today's Shar is going to come from the saer sh just Mish by accident the mishna the opening mishna of Hamad opens up someone who makes makes heers his wife in a NE that his wife can't get her enough from him now typically you can't answer someone else and say someone else can't get Hanah but you could answer that they can't get Hana from you because you own it so for 30 days you appoint someone to give her what she needs but um more than that you divorce her and you give her the now Rashi says um H rash is bothered by the obvious question because seemingly when you tell when you say to your wife you can't get Hanah a that means I can't support you B that means I'm not going to live with you I'm not going to give you Han tashes so Rashi says that could you say I'm not going to give you hanas aren't you to her isn't that one of the obligations of the says the pleasure of the is not on her why her therefore because of the we're not going to force him to divorce her and but you're M so rashi's understanding that the ne is including two things item number one is you're not going to feed her item number two is you're not going to give her Han and regarding hanash the has no meaning because you're to her what about leabi feeding her that's the G's thear gives various three answers the gamar says either you say to her you keep your wages and I'm not going to support you or you made the ne during AIS and it's it was man or you made the nether during Aris and then the Nan came so that's rashi rashi seems to be learning the Nar is on two things and for one of them it's ineffective so let us come to the amazing question of the sh okay one of the on the r the sh and sh asks the following question says isn't there a principle that when a nether is partially ineffective it's totally ineffective so then why do we say well it's not it is support well if it's not it shouldn't be for anything says it would seem that Hanish includes that is included in what you can't answer on her but that is is not for that and if you're going to say if you're going to say that there's a rule that anyone who makes a Nether on two things and the one of them the whole thing is why would the mission sa for 30 days you point the since it's not on the the other should be M as well even though argues on Rashi what does it mean argues on Rashi tsus says that he tysus says perish but gash that the of includes but it's not for it so says argues on says is only referring to food it's not referring to so according to T there's Noha because you nevered tashes but according to Rash where the Lang with the words include T and it's just not because you're to her so then why don't you apply the rule of fits very well to the first ter because the first of the is where he says yeah what fits well tus is tets because according according to the first TS of the gimar the husband tells the wife okay and then he makes the so clearly he was only talking aboutus and he wasn't talking about T he says to but how do we know that so T says the words mean you're saying they mean is that the husband is telling her that you should keep your my and then he says then he says this this that she's offered to him obviously he was referring to because then why would he say uhhuh obviously goes together that's what the that's exactly what the says yeah but I don't think that's what tus means that that's why it's referring to says the word is you're saying only because he says so I mean then thear the hav you still mean tus is talking even even in the gar hav you could ask what about uh Tash not so you still need to say that the of is and not and not but according to rash that includes both so you have this why don't we say so it must be that the den of NE means that if it's from originally um and then it's then we say but if it was never to begin with then like in this case it was never on because then we don't say because it's not called it's not if it was never so that's the answer of the why don't we say the answer is it was never to begin with the rash ask the same question as the sh find it over here did I copy the right thing oh yeah here it is all the way in the bottom says rashash if you look in the ran then this question becomes answered so let's the let's see how the learns rash and let's see if it taka answers the question says the says let me tell you what rash means since he makes another in this language he says I'm answering you to make an I'm making a NE on what's mine the ne's only on his possessions on what he owns he's answering her that you can't get enough from what I have well you don't have her tashes because her tashes you have to give to her so it's not yours it's hers so the nether was never said on the Han Tash you hear what the r is saying it's not that it's you only answered what belongs to you but Tash doesn't belong to you the only way you could do it is if you say I you can't feed someone something that's user to him thei is that the the the only works if you say ier ier something that I own to you so this is not really a case of it was never it's not that the is including Tash see what Rashi means when he says that the rash includes Tash of course it does includes Tash you know what does not include the word shal the word that's why in other words asked rashash is is is not so the is if it's then we should say no says the word but the word is not because he doesn't own it it belongs to her he to her that's how that's what the rashash means that according to the ran we have an answer to the sh's question the quotes the question of the so rabar and I think is ATT tempting an answer here seems like this same thing I mean to me it sounds like the same as as the the reason you can't ask or something that you're you're not you're not the B on it you're not the owner the truth is she can't get any from what is his regarding this it's not his if so the whole is that which is his to me this sounds exactly like thean the gives the following if somebody would say PL I answer my fruits and someone else's fruits on my friend do we say no have you never made a Nether on your friend's fruit it almost sounds I guess the difference would be the ran is learning that you're assing shal so the is not sh is saying maybe you're not only offering Shah you're trying to Asser everything but since you're not able to it's like the never the nether was never made for that there's another way to understand rash and that's if you want to visit his C it's in Turkey says like this let's say somebody says I answerer my mouth from saying sh or someone who swears let's say somebody swears to say something to his friend and then he says I ask her myself to say something to my friend you can't answerer that you're going to say something to your friend because you already swore you would in other words somebody swears I swear I'm going to speak to plainy and then he SW then he takes a NE he's not going to talk to PL the ne's not because he already took a to talk to PL or he can't make a nether you're not going to say sh you already swore in har you're going to say sh so what do we do with this when Rashi says in the beginning of H rash's bothered you never answered so the question is what do you mean you never answered you said uh says that it's that this does include it's just that it's not because you're in other words the ways rash is indeed the of includes it's just you're not you can't answer it because you're m so the asks the gar asks the exact same question on what what's listen to what Rashi saying Rashi says well it's not why because you're to her well you're also on the so when the asks how could you make on the it's and the gar says and we know you can't make an NE on something that listen to this gal the says we know you can't make a on something that you're M to her how do we know because a woman can't make a that she's not she's not going to give her husband her wages why do we have to go to another mishna the mishna itself is that you can't make a another on something that's why you're not on right the gamar brings at a left field oh you can ask there something that you m on woman can't answerer her wages why don't we say more you can't answerer something you're M on that's why you're not on [Applause] Tash what's the answer the answer is that when it comes to hanm it's not that you you can't make a NE on selling your M that's not the reason the nether is not it's you can't make a NE because you swore on her to to be Mel and to fulfill the mitzvah so you have a to the woman so the mishna is not that you can't something you're on the reason why you can't answer is not because you're to her it's because you have aah so in other words the says the reason why it's not not like thean says because it's not yours not like R said because it's K you never made a NE because you're M to her it's a totally different reason it's cuz it's it's not effective since why is it not effective it's because you have a Biblical obligation to fulfill the MIT so it's not that you don't own it because you're to her because on that the is saying if it's because you don't own it then the gar should have proved from the mishna itself that you can't answer something that you're on rather the reason is is because you're and according to the it seems like uh the sh's question is back namely why don't we say unless you say like the says that if it was never that's not called Hut to begin with okay RAB that's just [Music] uh one second maybe we'll see one more let's see quickly even if you were to say explicitly the reason why typically if let's say somebody says I make a that I'm not going to blow this iser so would that stop you from doing a Mitzvah if you putting away for a moment uh MIT normally a would stopah because a is and a Mitzvah is not on the the Mitzvah is on the gav is on the person the person has to do the Mitzvah but the ne makes the item user inherently therefore is not on a Mitzvah which is also on a person someone who swears heers himself on the item but one who makes a the item becomes user to him so if somebody swears to be so he assers himself but he can't Asser himself because he himself is already so a person can't take an oath they're not going to do a Mitzvah because they already swore they will do the Mitzvah on he's already but someone who says this item is AER to me then it would work even on a Mitzvah because even though you have to do the Mitzvah but the item is so in other words is but what if somebody says my body is also forish so you would think well your body is then we know that no that's typically because by a you're oering the item on you as and the Mitzvah is you have to do X Y and Z but there's one Mitzvah that it's not on you to do but in other words you're when it comes to the Mitzvah your goof is so that's one situation where the is not your goof is like the that's you become the of the Mitzvah this is um a very wild listen to what is saying usually if you make a toer an item you can't do a Mitzvah with it but if you take a sh that you're not going to use the item that sh is not again when it comes to mitvah someone who swears I'm not going to shake a hey pal you got to shake why but I swear I'm not going to do it yeah but you first swore to God you are going to do it on but if someone then you can't take it ah you swor you're obligated to do it yeah I swore my body is going to do an act the problem is this item is user to me so a is on an a will stop you from doing a Mitzvah a will not stop you from doing a mitzvah however when it comes to if somebody says that's like swearing to be because your goof is to be the so the same way you can't swear to be when it comes to saying is like okay everyone we're going to hold it over here have a great day