No community start suggestion yet.
Why can't kiddushin spread from half to the whole woman when kodesh spreads from part to whole in a korban? The shiur analyzes three approaches to das acheres ma'akiv: Tosafos (תוספות) (she doesn't want), Rashba (she participates in creating the hispashtus), and Rambam (רמב"ם) (passive acceptance differs from active action). Each mehalech fundamentally redefines the mechanics of kiddushin and hispashtus.
This shiur presents an in-depth analysis of Kiddushin 7a-b, focusing on the Gemara (גמרא)'s question of why kiddushin does not spread through hispashtus (expansion) when a man attempts to marry only half a woman (chatzi isha). The fundamental question is: if kedusha spreads from a partial designation to the whole animal in hilchos korbanos (when one designates a foot as an olah, the entire animal becomes kodesh), why doesn't the same principle apply to kiddushin? The shiur begins by establishing two foundational approaches to understanding chatzi isha from the Rivash and Rambam (רמב"ם). According to the Rivash's approach, chatzi isha means the man wants hilchos kinyanim without the full chalos of ishus—he wants to acquire her as property without complete marital status. By the man it's only kinyanim, so chatzi works; by the woman it involves both kinyanim and ishus, creating a problem. The Gemara's challenge is: let the kedusha spread to complete kiddushin through hispashtus.
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!
Kiddushin 7a-b
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.