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Why does the Gemara (גמרא) permit amira l'akum (telling a non-Jew to do work) for yishuv Eretz Yisrael but not for milah? Tosafot distinguishes between shvus d'shvus (two degrees removed from Torah (תורה) prohibition), treated like an aseh and permitted when milah is docheh Shabbos (שבת), versus one shvus, treated like a lo sa'aseh and forbidden. The Bahag disagrees, permitting even one shvus for mitzvos.
This shiur analyzes a fundamental Tosafot in Gittin 8b addressing the parameters of amira l'akum (instructing a non-Jew to perform labor on Shabbos (שבת)) for the sake of mitzvah (מצוה) performance. The Gemara (גמרא) states that for yishuv Eretz Yisrael (settling the Land of Israel), one may tell a non-Jew to perform even a melachah d'oraisa, but for other mitzvos—even milah—this is forbidden. Tosafot asks: How can yishuv Eretz Yisrael be more stringent than milah, which is actually docheh Shabbos (overrides Shabbos)? Furthermore, the Gemara in Eruvin permits telling a non-Jew to heat water for a baby's milah by carrying through an area without an eruv—a shvus—so why does the Gemara here say other mitzvos don't permit amira l'akum? Tosafot develops a fundamental principle: there is a critical distinction between shvus d'shvus (a Rabbinic prohibition two steps removed from Torah (תורה) law) and one shvus (a single Rabbinic prohibition directly protecting a Torah law). For milah, which is docheh Shabbos, one may instruct a non-Jew to violate a shvus d'shvus—such as telling him to perform a Rabbinic prohibition (amira l'akum) to do another Rabbinic act (hotza'ah without eruv). But one may not tell a non-Jew to do even a single shvus for milah, because that would be treated with the stringency of a lo sa'aseh (negative prohibition). Tosafot further limits this: even shvus d'shvus is only permitted for milah specifically, because milah is docheh Shabbos; other mitzvos do not have this power.
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Gittin 8b
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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.