A free account is required to play audio and download files.
No community start suggestion yet.
Why does the Rambam (רמב"ם) sometimes use "chayav" for a minor's obligations and sometimes only "mitzvah (מצוה)"? The shiur develops a fundamental distinction: "chayav" means the child himself has a real obligation (e.g., sukkah, lulav), while "mitzvah" means only the parent's training duty exists. This yields major nafka minas—including why a mother must facilitate her child's rabbinic obligations even though she has no formal chinuch duty, and why Beis Din intervenes only when the father causes the child to violate Shabbos (שבת) (lo sa'asuru kol melacha), not when chinuch alone is at stake.
Rabbi Zweig delivers an in-depth analysis of the Rambam (רמב"ם)'s formulation of the mitzvah (מצוה) of chinuch (educating minors in mitzvos), focusing on a fundamental chakira that runs through fifteen different places in the Rambam's writings. The shiur opens by noting that in some contexts, the Rambam uses the language "chayav" (obligated) when describing a minor's relationship to mitzvos, while in other places he uses only "mitzvah al ha'av" (a commandment upon the father) or simply discusses training without the term "chayav." The core thesis is that there are two entirely different halachic structures at work. Where the Rambam says a minor is "chayav," he means the child himself has a real, albeit rabbinic, obligation to perform the mitzvah—the only difference between him and an adult is his age. Examples include sitting in a sukkah, taking a lulav, and wearing tzitzis. In these cases, the child's chiyuv is real and operative. In contrast, where the Rambam uses "mitzvah al ha'av l'chancho" without the term "chayav," the obligation rests solely on the parent to train the child; the child himself has no independent duty.
Looking for the full summary?
Full access is available to members of the TUF Alumni Association or the Yam Hagadol Foundation.
Already a member? Let the admin know!
Yoma 82a
Looking for the full transcript?
Full access is available to members of the TUF Alumni Association or the Yam Hagadol Foundation.
Already a member? Let the admin know!
Dedicate a Shiur in Gemara
L'ilui nishmas a loved one. In honor of a simcha or yahrzeit. As a zechus for a refuah sheleimah. Your dedication helps carry Rabbi Zweig's Torah to learners around the world.
When an animal damages crops, the Torah prescribes a unique payment formula based on multiplying the damaged area by sixty. Does this formula redefine the actual loss, or does it merely create a payment mechanism that still acknowledges the full damage sustained? The Gemara explores whether someone who ate in doubt should pay the higher-quality amount, examining how the principle of motzi me-chaveiro alav haraya applies when payments fall within the range of actual loss.
What makes testimony valid when different witnesses testify to different parts of the same event? The Gemara debates whether the principle of "davar v'lo chatzi davar" (complete testimony, not partial) disqualifies witnesses who testify separately to theft and slaughter. Rashi's approach reveals that the issue is not merely combining elements, but whether each witness's statement is independently meaningful.
Why is a ganav who sells a stolen animal on Shabbos exempt from the fourfold/fivefold payment? The shiur analyzes whether this exemption stems from kam lei b'derabbah or from the absence of a valid mechira. The Rashba's principle that matana resembles mechira when it is "nishtarish b'chet" is explored, along with the Rambam's position on hekdesh and the distinction between giving to bedek habayis versus mizbe'ach.
When a ganav shechts a stolen animal l'avodah zarah, why isn't he patur from payment since it's already isur hana'ah? The shiur explores the fundamental machloket Rashi-Tosafot on whether the isur derives from the act of shechita or from the din shechita itself. The Gemara's application of davar garem be'mamon ke'mamon domi extends the analysis to when borrowed animals become niskal.