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Why can't you sell a Sefer Torah (תורה) to buy another Sefer Torah? The Gemara (גמרא) Megillah 25b develops the halacha (הלכה) of ma'alin bakodesh v'lo moridin, prohibiting both downgrading and lateral movement. The shiur builds a fundamental chakira: is this prohibition rooted in kedushah of the cheftza that cannot be diminished, or in bizayon mitzvah (מצוה)—showing disrespect by selling without purpose? This distinction drives machlokos about bedieved cases and explains the Mishna's structure.
The shiur analyzes a Mishna in Megillah (25b) that establishes a clear hierarchy of kedusha for communal religious items: rechov ha'ir (city street used for prayer), beit knesset (synagogue), teivah (Torah (תורה) ark), mitpachot (Torah coverings), sefarim (Nevi'im and Ketuvim), and Sefer Torah. The Mishna states that proceeds from selling an item can only be used to purchase something of higher kedusha—ma'alin bakodesh v'lo moridin. Rashi (רש"י) explains that both principles—ma'alin (ascending) and lo moridin (not descending)—are derived from psukim. The Gemara (גמרא) in Menachos teaches ma'alin from the mach'tos (fire pans) of Korach's assembly that were elevated to become part of the Mizbeach, and lo moridin from Moshe Rabbeinu erecting the Mishkan (rather than lesser individuals). Rabbi Zweig raises a fundamental question: why are two separate drashos needed? Once we establish ma'alin bakodesh—that one must go up in kedusha—doesn't lo moridin follow automatically? What does the prohibition against descending add that ascending doesn't already cover?
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Megillah 25b
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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.
