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When should the bracha on lulav be recited, and should it be "al" or "li"? The shiur develops the Rambam (רמב"ם)'s position that the act of taking the lulav is itself part of the mitzvah (מצוה), and that there is an issur to perform a mitzvah without a bracha. This leads to a fundamental difference from Tosafos (תוספות) and other Rishonim, explaining why various proposed solutions (holding upside down, kavana farkert) fail according to the Rambam.
This shiur presents an in-depth analysis of the halachic issues surrounding the bracha on lulav, focusing on when the blessing should be recited and what its proper text (nusach) should be. The central question is whether one should make the bracha before picking up any of the four species, between picking up some but not all, after picking them all up but before waving them, or only after the mitzvah (מצוה) is complete. The shiur begins by reviewing the various opinions brought in Tosafos (תוספות), including holding the esrog before the lulav, holding one upside down, or having kavana not to be yotzei the mitzvah initially. The Mechaber follows Tosafos, while the Taz and the Gra offer different evaluations of which approach is best. The Baal HaMaor suggests waiting until after taking all four species, before the na'anuim (waving).
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Sukkah 39a
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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.
