A free account is required to play audio and download files.
No community start suggestion yet.
Why does the Rambam (רמב"ם) rule that accepting responsibility for another's chametz makes it subject to the same prohibitions as your own chametz? The shiur develops the Rambam's chiddush that kabbalas achrayus creates a halachic ownership status. This distinguishes between bal yeira'eh (applying to truly owned chametz regardless of location) and bal yimatzei (applying to guarded chametz only in your domain).
This shiur provides a detailed examination of Masechta Pesachim 6a, specifically analyzing the Rambam (רמב"ם)'s position on chametz obligations during Pesach (פסח). Rabbi Zweig explores the fundamental distinction the Rambam makes between chametz that belongs to you versus chametz you are merely watching for others. The discussion centers on the concept of kabbalas achrayus (accepting responsibility) - when one accepts responsibility for another's chametz, it effectively becomes considered as one's own for the purposes of the Torah (תורה)'s prohibitions. The shiur analyzes how this differs from Rashi (רש"י)'s interpretation, where Rashi holds that the exemption of chametz she'lo (chametz belonging to others) applies even when one accepts responsibility, as long as it's in someone else's domain (reshus acheirim). The Rambam, however, maintains that accepting responsibility creates a status of ownership that makes yichul lo bayis (designation of place) ineffective. The discussion delves into the two separate prohibitions regarding chametz: bal yeira'eh (it shall not be seen) and bal yimatzei (it shall not be found). According to the analysis, the Rambam holds that chametz which is truly yours violates bal yeira'eh even when not in your domain, while chametz that you're merely guarding violates bal yimatzei only when in your domain. This leads to an exploration of when mechitza (separation) is required, with various Rishonim disagreeing about whether a physical barrier is necessary for chametz you're watching versus chametz you own. The shiur addresses several difficulties in the Rambam's position, including apparent contradictions in his rulings and the challenge of understanding his source texts. Throughout, Rabbi Zweig demonstrates the complexity of these halachic distinctions and their practical implications for Pesach observance.
Pesachim 6a
Looking for the full transcript?
Full access is available to members of the TUF Alumni Association or the Yam Hagadol Foundation.
Already a member? Let the admin know!
Dedicate a Shiur in Gemara
L'ilui nishmas a loved one. In honor of a simcha or yahrzeit. As a zechus for a refuah sheleimah. Your dedication helps carry Rabbi Zweig's Torah to learners around the world.
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.
