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Why does the Rambam (רמב"ם) seem to contradict himself about when hasaybah is required during the Seder? The shiur reveals that the Rambam presents two distinct halachot: a mitzvah (מצוה) of derech cheirus requiring proper furniture for the entire meal, and an issur against eating matzah or drinking the four cups without any reclining gesture. This dual structure explains the Rambam's changed order and resolves his seemingly contradictory language.
This shiur analyzes the Rambam (רמב"ם)'s seemingly difficult presentation of the laws of hasaybah (reclining) on Pesach (פסח) night, found in Hilchos Chametz U'Matzah 7-8. Rabbi Zweig begins by noting that the Rambam changes the order of the Mishna and appears to contradict himself regarding whether hasaybah is required for the entire meal or only for specific items. The analysis reveals that the Rambam is actually presenting two distinct halachot of hasaybah. The first is a mitzvah (מצוה) of derech cheirus (manner of freedom) that requires eating the entire Seder meal with proper furniture - a couch and table, or as the Rambam describes it, 'k'derech hamelachim' (in the manner of kings). This mitzvah stems from the obligation of sippur yetziat Mitzrayim, specifically the requirement to reenact leaving Egypt as if it's happening now. One must demonstrate being a ben chorin (free person) through one's physical setup and demeanor.
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Pesachim 99b
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Why does the Gemara present a kal v'chomer for chuppah making kiddushin based on kesef not being maichel b'terumah, only to reject it? The shiur reveals that even the rejected kal v'chomer establishes a fundamental yesod: kiddushin is a kinyan for ishus (marital relationship), not merely a kinyan in hilchos kinyanim. The second kal v'chomer—from chuppah being gomeres—raises Tosafos's famous question.
Is the kesef used in kiddushin a true kinyan (acquisition), or merely a symbolic means of establishing marriage? The shiur analyzes multiple interpretations of the Gemara's derivation from ki yikach ki'ach mi'Sayeffron, exploring whether marriage constitutes ownership, and develops three fundamental approaches: (1) The Gemara proves ishus is a kinyan, (2) ishus is not a kinyan but uses kinyan-like means, or (3) ishus is a kinyan but the kesef may not be a ma'aseh kinyan. The Rambam's position—calling kesef "midivrei sofrim"—is explained as distinguishing between cross-referencing concepts versus borrowing terminology.
Why does the Mishna alternate between the language of "kinyan" (acquisition) and "kiddushin" (sanctification) when describing marriage? The shiur develops a fundamental distinction: marriage has two separate aspects—a kinyan dimension (ownership) and a kedusha dimension (sanctified relationship). Either aspect can initiate the bond, and understanding this dual nature resolves multiple textual and halachic questions throughout the sugya.
Does kiddushei shetar require a shevah pruta? The Ran presents two approaches to the Rif's position. The shiur develops the Ran's second pshat that shetar kiddushin functions as a hachnah (exchange) rather than a mere kinyan nesina. This reading has profound implications for isuri hana'ah, mechubar, and the relationship between kesef and shetar.
