A free account is required to play audio and download files.
No community start suggestion yet.
Why does kiddushin require actual kesef and not shaveh kesef (equivalent value)? The shiur explores Tosfos's fundamental question: whether the limitation stems from shaveh kesef lacking intrinsic value, or from the ritual requirement of a constant, unchanging object. This analysis contrasts Tosfos's approach with other Rishonim and examines how klal u'prat u'klal and the principle of lidei shaveh create value.
This shiur presents an in-depth analysis of Tosfos on Kiddushin 2a regarding the principle of shaveh kesef k'kesef (items equivalent in value to money being treated as money). The fundamental question is why we need a special limud to know that shaveh kesef works for kiddushin, eved ivri, and other ritual contexts. Rabbi Zweig begins with a basic question on Tosfos: If we learn kiddushin from the kinyan of karka (real estate), and by karka itself shaveh kesef works (as we see from the Gemara (גמרא)'s discussion), why would Tosfos suggest that kiddushin should require actual kesef and not shaveh kesef? The very source from which we learn—karka—already demonstrates that shaveh kesef is valid. Furthermore, Tosfos brings proof from eved ivri that we need a pasuk for shaveh kesef, yet he seems to overlook the explicit klal u'prat u'klal by pidyon haben that already teaches this principle.
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!
Kiddushin 2a
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.