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Does Tosefes Yom Tov create actual sanctity of the day or only affect personal behavior? The shiur analyzes contradictory Tosfos regarding early acceptance to develop a framework with two dimensions: changing the day's essential nature versus changing individual obligations. This chakira resolves puzzling differences about when mitzvos can be fulfilled early.
Rabbi Zweig begins with a comprehensive analysis of Tosefes Yom Tov (early acceptance of holidays) by examining a Tosfos on Pesachim 99b. The Tosfos asks why the Mishna specifically states "Erev Pesach (פסח)" regarding the prohibition to eat matzah, and concludes that normally one should be able to eat matzah if accepting Pesach early, just as one can fulfill the mitzvah (מצוה) of Seudah on Shabbos (שבת) when accepting Shabbos early. However, matzah has a special restriction from the gezeiras hakasuv of "balaila" (at night) regarding Korban Pesach, which extends to matzah through a hekesh. This leads to a fundamental question: what is the nature of Tosefes Yom Tov? The shiur contrasts this with another Tosfos in Sukkah (27a) that permits marrying off one's daughter on Erev Shabbos even though the actual wedding feast cannot be done on Shabbos. This Tosfos distinguishes between melacha prohibitions (which apply to Tosefes) and simchas Yom Tov (which does not apply to Tosefes). This creates a contradiction with the first Tosfos, which assumes one can fulfill Seudas Shabbos early.
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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.