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Why does the Rambam (רמב"ם) prohibit selling a Sefer Torah (תורה) for pidyon shvuyim (redeeming captives), despite it being a mitzvah (מצוה) rabah? The shiur develops a yesod: when you can easily obtain money by asking for tzedakah, it's considered "having money," and selling is prohibited. The Rambam's seemingly contradictory rulings in Hilchos Sefer Torah and Hilchos Tefillah reflect a machlokes Tana'im about whether one is obligated to accept the bizayon of begging rather than sell.
This shiur analyzes a fundamental contradiction in the Rambam (רמב"ם) concerning when one may sell a Sefer Torah (תורה). The primary text under discussion is Rambam Hilchos Sefer Torah, specifically Perek Yud Halacha (הלכה) Beis and Perek Yud Alef Halacha Yud Dalet. The Rambam in Perek Yud Halacha Beis states "leolam ein mochrin Sefer Torah ela lishnei devarim" — one may never sell a Sefer Torah except for two purposes: learning Torah or getting married. This formulation appears to exclude pidyon shvuyim (redeeming captives), creating a contradiction with Tosafos (תוספות) and other Rishonim who permit selling for pidyon shvuyim as a mitzvah (מצוה) rabah. Furthermore, in Perek Yud Alef Halacha Yud Dalet, the Rambam writes "ein lochim b'damav ela Sefer Torah acher" — with the proceeds, one need only buy another Sefer Torah — implying one is not obligated to buy another Sefer Torah with the proceeds, which suggests the money could be held for pidyon shvuyim.
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Bava Basra (implied context), Rambam Hilchos Sefer Torah 10:2, 10:14; Hilchos Tefillah 11:14
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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.
