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Is the mitzvah (מצוה) of shofar to blow an instrument (tekiah) or to hear the sound (shemiyah)? The shiur resolves this tension by explaining that shofar is a chefetz of tefillah—an appendage to the person speaking, not an independent musical instrument. This yesod answers the classic kashyas: how shlichut works for a mitzvah shebe'gufo, and why a cheresh or katan cannot fulfill the mitzvah.
This shiur addresses a fundamental machloket Rishonim about the nature of the mitzvah (מצוה) of shofar on Rosh Hashanah. The Gemara (גמרא) in Rosh Hashanah 26a presents two seemingly contradictory principles: the requirement that a bar chiyuv (obligated person) blow the shofar suggests a mitzvah of tekiah (blowing), while the requirement that one hear the actual sound of the shofar (not an echo in a bor) indicates a mitzvah of shemiyah (hearing). The Maran Habib, Chasam Sofer, and Shaagas Aryeh all grapple with this tension. The Maran Habib suggests that there are two aspects to the mitzvah: both tekiah and shemiyah, which must occur simultaneously. This creates a difficulty: if there is a mitzvah of tekiah, how can one person blow shofar as a shaliach for another? It would be a mitzvah shebe'gufo (a mitzvah that must be performed personally), like putting on tefillin. The Maran Habib proposes a special derasha from "Yom Teruah Yihiyeh Lachem" to permit shlichut, but this is a difficult approach.
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Rosh Hashanah 26a
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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.