A free account is required to play audio and download files.
No community start suggestion yet.
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.
Looking for the full summary?
Full access is available to members of the TUF Alumni Association or the Yam Hagadol Foundation.
Already a member? Let the admin know!
Bava Basra (implied context), Rambam Hilchos Sefer Torah 10:2, 10:14; Hilchos Tefillah 11:14
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.
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.