The Ohr Sameach Explains the Machlokes Ran and Rosh About appointing a Shliach For Hafaras Nedarim

What’s said in this shiur

The opening of this shiur, in Rabbi Daniel Glatstein’s own words — taken from the captions, so names and Hebrew terms may be approximate.

Okay. Good morning, everyone. Today's topic >> [clears throat] >> is regarding whether you could appoint a shliach to hear, to listen for you. Rami bar Chama had a shailah in I am ba'al ba'is. Could a husband or a father be meifer nedarim if he didn't actually hear it? So, the Gemara cited the following braisa, "Tashma. Seven lines from the bottom. Api tropus Someone who says to a trustee, "Kol Someone who says to a trustee, "Kol nedarim she' adir she' asim ba'al shavi ma kampleni any of the nedarim that I make until I get back from a certain spot hafer should be annulled. The hafer la. And the api tropus annuls it. Yakhol yumu faran. I would think it it's annulled. Tam al isha yakimenu v'isha yifeirenu. The husband confirms and the husband annuls. Divrei Rabbi Yoshiya. Rabbi Yoshiya holds only the husband could Yoshiya holds only the husband could annul, just like only he could confirm. Amalei Rabbi Yonasan, matzinu b'chol haTorah kulah shlichus sh'adam k'meisa. We find throughout the Torah that shlichus works. Now, even Rabbi Yoshiya held that the trustee can annul it. Af ilu Rabbi Yoshiya like amar al mishum d'nezirus ha kasuv a mi al mishum, excuse me, d'gezeiras kasuv. Isha yakimenu v'isha yifeirenu. kasuv. Isha yakimenu v'isha yifeirenu. Even Rabbi Yoshiya only said it because of gezeiras ha kasuv. But fundamentally the shliach should be able to be meifer. Question, but he didn't hear it. Al kulai alma shlichus sh'adam k'meisa v'halo shmiala. He didn't hear it. So, the Gemara says there's a raya that you could be meifer the nedarim even though you didn't hear it. That's the Gemara's raya from the fact that fundamentally you could appoint a shliach even though the husband didn't

Jump to a moment

1. 0:02Okay. Good morning, everyone. Today's topic >> [clears throat] >> is regarding whether you could appoint…
2. 1:33kasuv. Isha yakimenu v'isha yifeirenu. Even Rabbi Yoshiya only said it because of gezeiras ha kasuv.…
3. 3:04havealei k'ilu shama ba'al. How does this prove that you don't have to hear it? Maybe…
4. 4:37Okay, so that is the Ran's answer. Again, the question is how does this prove that…
5. 6:10The Ran says a different answer that it's true you could hear it, but if I…
6. 8:16What? You became me. So, I need the Ran's far. No, you couldn't become me in…
7. 9:59to attribute it to the Mishaliah. Regarding that, the run says, "No, it's not something I…
8. 11:34It's true I'm not hearing it. Fine. But, when I appointed you to annul it, so…
9. 13:09b'perek narah ham'urasah d'boy baal ma oseh afer b'lo shmia. Could a husband annul without listening?…
10. 14:42action, im kein have it k' heifer haval, then it's like the husband's annulling it b'shmiasa…

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