M'ikan ulhabah lemafrayah

After the recent decision of the DC Circuit on the recess appointments, it is unclear whether previous agency action can now be called into question because the officers were not legitimately appointed.

My Maggid Shiur told me that R’ Shach devoted his only Shiur Klalli on Na’ra Hamorasa (Nedarim) to this R’ Chaim — the whole shiur was arguing and saying that there is no such thing.

However, in ??? ???? we found a similar ???? – just with a totally different twist. (I think this is ??? ? ??????? but I’ll check it up)

The ???? is ???? between a ???? ??? and a ???? ??????? – a ???? ??????? is ?? immediately, and a ???? ??? is only ?? later bshaas ???? ?????. Therefore the ???? says that if one is ???? a lady with a ???? ???, before the ???? ???? if somebody else is ???? her, she is ?????? ????.

However, the Rambam says that somebody who divorces his wife with a ???? ??? (which is only ?? later) – ??????? she should not get married before the ???? ?????, but if he does marry we say ?????? they can stay married.

The obvious question is – if the ???? is only ?? at the ???? ????, lechorah it should follow on that she is a full ??? ??? and ?????? ??? is not tofes?

R Shach (This is my understanding of what he said) answers that both types of ???? are ?? straight away. The difference is that a ???? ??????? means that you do a ????, and the ???? later will be a pure ???? ????? whether your ???? of Day 1 worked or not.

???? ???, however, works differently. When you make a ??????? on Day 1, but you are ???? the ???? on a ???? for Day 30, the ?? of ???? is that it pushes off the ???? and “moves” it to Day 30. If on Day 30 your ???? can still work (On day 30 your ???? has to be in a matzav that if you would do it now it would work), then your ???? can be ?? on day 1.

The way i look at it is: Every ???? needs a ???? to make the ????. When you do a ???? on Day 1, the ???? is now the ingredient of the ???? of Day 1. Even if ???? now takes your ???? and removes it to Day 30, if remains the “Day 1 ????”. So as long as there is nothing stopping it from being a ???? now, it can be ?? backwards.

(Sort of like if a guy from the 1800s uses a time machine to come to 2013, he stays the guy from the 1800s; he just happens to be here. If he would die now, before he has children in HIS time, his children would never be born.)

Therefore in the case of ???????, if somebody else is ???? her she is ?????? ????, NOT because the ???? is only ?? on Day 30, but simply because if she is an ??? ??? on Day 30, then the ???? of the FIRST ??????? is not a ???? anymore, because ??????? cannot be ???? on an ??? ???.

However, by the case of ??, since it works ????? once you get to the ???? ????, even beforehand she can (bdieved) marry the second guy, because the ?? is ?? from Day 1 and so she is divorced.