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Why must we recite Vidui before eating on Erev Yom Kippur if the mitzvah (מצוה) is tied to Yom Kippur itself? The shiur explores whether Vidui is required because of the inui (affliction) that begins with tosefes, because Yom Kippur itself mandates it, or because Erev Yom Kippur—the ninth of Tishrei—has its own independent kedusha and din of inui that requires Vidui.
This shiur examines the complex halachic and conceptual issues surrounding the mitzvah (מצוה) of Vidui (confession) on Erev Yom Kippur, focusing on Masechta Yoma 81b and the principle of tosefes (adding from the mundane to the holy). The discussion centers on a fundamental question: when exactly is one obligated in Vidui, and what is the nature of this obligation? The shiur begins by addressing a difficulty in the Rambam (רמב"ם)'s position. The Rambam rules that the din of tosefes (adding from chol onto kodesh) applies only to Yom Kippur, not to other holidays or Shabbos (שבת). This seems to contradict the Gemara (גמרא)'s drashah from "tishbu shabatchem" which Rav Acha bar Yaakov uses to derive tosefes for Shabbos, Yom Tov, and Yom Kippur. The Rambam appears to use this pasuk differently—to establish the asarah (ten days) of Yom Kippur, following Rav Papa who says "hu gufa Shabbos ikri." If so, how does the Rambam derive the din of tosefes for Yom Kippur, and why doesn't it apply elsewhere? Additionally, the Gemara's alternative derivation through gezeirah shavah (tzam-tzam) seems to undermine the need for explicit pesukim to be marbeh (extend the law).
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Yoma 81b
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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.
