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Why does the Torah (תורה) use redundant language when it could state laws directly? The Gemara (גמרא) analyzes toshav v'sacher regarding teruma consumption, applying the principle of boz zeh v'liman al zeh. Rabbi Zweig explores the logical structure of this exegetical method, questioning why the Torah employs such complexity rather than straightforward statement.
This shiur analyzes Kiddushin 3b, focusing on the Gemara (גמרא)'s treatment of the principle boz zeh v'liman al zeh—the method by which the Torah (תורה) uses two seemingly redundant terms to teach expanded halachic categories. The discussion centers on the Torah's language regarding which types of servants may eat teruma: toshav v'sacher lo yochal (a resident worker and hired worker may not eat). The Gemara applies boz zeh v'liman al zeh to determine that these terms refer to different categories: toshav means an eved nirtze (pierced servant committed for life), while sacher means an eved for six years. The parallel case discussed involves yotzei chinam (goes free without payment) and ein kesef, which the Gemara interprets as referring to nagris (minor reaching majority) and bagrus (full adulthood).
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Kiddushin 3b
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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.
