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What is gerus fundamentally - a religious ritual bringing one closer to God, or a naturalization process joining the Jewish people? The sugya of ger katan reveals this tension through the mechanism of zechiyah and daas beis din. The shiur explores whether conversion is about spiritual transformation or acquiring Jewish citizenship, with practical ramifications for the din of higdilu chol limchos.
This shiur presents a fundamental reexamination of the nature of gerus through the lens of ger katan on Kesubos 11a. Rabbi Zweig begins by noting apparent contradictions in Rashi (רש"י)'s approach - why does a ger katan need daas beis din if the Mishna establishes gerus d'Oraisa, and why doesn't the Rif mention higdilu chol limchos? The core question emerges: What is gerus essentially? The shiur contrasts two possible understandings. The conventional view sees gerus as a religious ritual - milah removes tumas akum, tevilah confers kedushas Yisrael, creating spiritual transformation through religious experience. Under this model, an adult needs no zechiyah since he undergoes the full religious ritual with proper kavanah, while a katan lacks understanding and requires beis din to transform his physical actions into religious mitzvos through their daas.
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Kesubos 11a
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When an animal damages crops, the Torah prescribes a unique payment formula based on multiplying the damaged area by sixty. Does this formula redefine the actual loss, or does it merely create a payment mechanism that still acknowledges the full damage sustained? The Gemara explores whether someone who ate in doubt should pay the higher-quality amount, examining how the principle of motzi me-chaveiro alav haraya applies when payments fall within the range of actual loss.
What makes testimony valid when different witnesses testify to different parts of the same event? The Gemara debates whether the principle of "davar v'lo chatzi davar" (complete testimony, not partial) disqualifies witnesses who testify separately to theft and slaughter. Rashi's approach reveals that the issue is not merely combining elements, but whether each witness's statement is independently meaningful.
Why is a ganav who sells a stolen animal on Shabbos exempt from the fourfold/fivefold payment? The shiur analyzes whether this exemption stems from kam lei b'derabbah or from the absence of a valid mechira. The Rashba's principle that matana resembles mechira when it is "nishtarish b'chet" is explored, along with the Rambam's position on hekdesh and the distinction between giving to bedek habayis versus mizbe'ach.
When a ganav shechts a stolen animal l'avodah zarah, why isn't he patur from payment since it's already isur hana'ah? The shiur explores the fundamental machloket Rashi-Tosafot on whether the isur derives from the act of shechita or from the din shechita itself. The Gemara's application of davar garem be'mamon ke'mamon domi extends the analysis to when borrowed animals become niskal.
