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When should the blessing on lulav be recited—before picking it up, while holding it upside down, or after fulfilling the mitzvah (מצוה)? The shiur analyzes the Rambam (רמב"ם)'s unique position that the blessing must precede even touching the lulav, contrasting with Tosafot's three alternative approaches. The resolution hinges on whether grasping the lulav constitutes part of the mitzvah itself or merely preparation, and whether there is a prohibition against performing any element of a mitzvah without a blessing.
The shiur opens with a fundamental question in hilchot lulav: at what point in the mitzvah (מצוה) should one recite the blessing? The Mechaber (Shulchan Aruch) rules that one should make the blessing "al netilat lulav" before taking the esrog, based on two approaches mentioned in Tosafot. Tosafot itself offers three solutions to the problem of over la'asiyatan (the requirement that blessings precede mitzvah performance): (1) take the lulav first, make the blessing, then take the esrog; (2) hold the esrog upside down, make the blessing, then turn it right-side up; or (3) rely on kavanah farkert—intentionally having in mind not to fulfill the mitzvah yet. The Beit Yosef brings a third approach from the Baal HaMaor: fulfill the entire mitzvah of taking the four species, then recite the blessing before performing na'anu'im (the wavings). The Taz questions the kavanah farkert approach, suggesting that an ordinary person may not be sophisticated enough to maintain such intent properly, whereas the Vilna Gaon considers it the ideal solution and says that the complex physical manipulations are unnecessary when proper intent suffices.
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Sukkah 39a
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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.
