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Why does the Mishna in Yevamos list arayos in its particular order rather than starting with achos isha? The Gemara (גמרא) explores whether the arrangement reflects degrees of issur (chumra), the Torah (תורה)'s textual source (makor), or derived status (asim midrasha). The shiur traces the Gemara's progression through these answers and examines whether the underlying din of yibum's prohibition stems from the issur karas or the absence of tofes kiddushin.
This shiur analyzes the Gemara (גמרא) on Yevamos 2a, which questions the order of the Mishna listing arayos (forbidden relationships) in the context of yibum. The Gemara opens by asking why the Mishna does not begin with achos isha (one's wife's sister), since that prohibition appears explicitly in the written Torah (תורה), making it the "source" (makor) from which other prohibitions are derived. The initial assumption is that the textual source should come first. The Gemara then considers an alternative: perhaps the order reflects chumra chumri nakat—arranging prohibitions by severity, with sreifa (burning) being the most severe punishment. This would explain why bito (one's daughter) appears first, as she carries the punishment of sreifa. Rabbi Zweig explains that this derasha of chumra chumri nakat is not merely about ordering severities; it defines the fundamental reason a woman falls into the category of those exempt from yibum. It suggests that the exemption is based on the issur itself—the severity of the prohibition—rather than on the absence of tofes kiddushin (the ability to effect marriage).
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Yevamos 2a
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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.
