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Why can tashmishei mitzvah (מצוה) be discarded while tashmishei kedusha require genizah? The Gemara (גמרא) on Megillah 26b lists sukkah, lulav, shofar, and tzitzis as tashmishei mitzvah—yet each has korban-like qualities or Torah (תורה)-level kedusha. The shiur explores the tension between the Gemara's permissive ruling and Rishonim who treat these objects with greater sanctity, questioning how we define the boundary between mitzvah-object and sacred-object.
This shiur opens with the fundamental distinction laid down by Chazal: tashmishei mitzvah (מצוה) may be discarded (mizrakin), while tashmishei kedusha require genizah. The Gemara (גמרא) in Megillah 26b provides a list of examples—sukkah, lulav, shofar, and tzitzis—all of which are classified as tashmishei mitzvah. Yet Rabbi Zweig immediately flags a deep problem: each of these items appears to possess qualities that should elevate it to tashmishei kedusha. The tension is sharpened by the position of the Maharal and the Kolbo, who maintain that one should treat these items with the sanctity of tashmishei kedusha—tovol v'bracha—even though the Gemara explicitly permits discarding them. Rabbi Zweig challenges this on principle: if Chazal ruled that it is mutar to discard these items, how can later authorities—even gedolei Torah (תורה)—impose a stricter standard and call it a chumra? What does it mean to say tovol v'bracha when the Gemara itself gave permission? This is not simply about pious stringency; it suggests a conceptual reassessment of what these objects are. The shiur probes whether the Rishonim are indeed contradicting the Gemara or revealing a dimension of kedusha that the plain reading obscures.
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Megillah 26b
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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.
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