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Why does the Gemara (גמרא) prohibit singing with wine after the destruction of the Beis Hamikdash? The shiur develops a fundamental distinction: parties and celebrations are inherently about self-promotion and asserting one's own malchus. When the Beis Hamikdash stood, Hashem (ה׳)'s presence contained this tendency, but without it, celebration becomes a diminution of Hashem's kingship—and that's precisely what the prohibition addresses.
The shiur explores the Gemara (גמרא)'s prohibition against drinking wine accompanied by song ("b'shir lo yishtu yayin") after the destruction of the Beis Hamikdash. Rabbi Zweig begins by analyzing the apparent contradiction in the Rambam (רמב"ם)'s formulation in Hilchos Taaniyos 5:14. The Rambam presents two distinct prohibitions: one based on "im eshkachech Yerushalayim" (remembering the destruction) and another based on "al tismach b'gil yisrael" (not celebrating in the manner of gentile celebration). This appears to contradict the Gemara in Gittin which states that singing without instrumental accompaniment is permitted, with only instrumental music ("manna") being prohibited. The key to understanding this contradiction lies in how the Rambam reads the word "manna." While Rashi (רש"י) interprets "manna" as referring to musical instruments (kinor), the Rambam understands it as referring to the vessel or manner of drinking—the kli shtiya, the ritual of toasting and celebration. According to this reading, the prohibition is not primarily about musical accompaniment but about the nature of the celebration itself. When wine is accompanied by song in a celebratory context ("al hayayin"), it becomes an act of self-promotion and self-celebration.
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Gittin 7a
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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.
