No community start suggestion yet.
Why isn't a get with invalid witnesses batel mid'oraysa when we hold eid mesirah karsei? The shiur develops a fundamental distinction in the Rambam (רמב"ם) between two separate issues: whether the witnesses create a valid shtar, and whether the shtar can serve as a valid rayah for remarriage. Each generates its own reason the get should be batel mid'oraysa—and each has its own teretz.
The Gemara (גמרא) in Gittin 4a raises a fundamental question: if we hold eid mesirah karsei—that the essential witnessing is on the delivery, not the writing—then why should invalid witnesses who signed the get pose any problem at all? If they do nothing mid'oraysa, there should be no reason for the get to be pasul. The Gemara initially suggests that if we hold eid chasimah karsei, invalid witnesses would indeed be a problem, but if we hold eid mesirah karsei, there should be no issue. Yet the Gemara's maskana is that even according to eid mesirah karsei, invalid witnesses create a problem of mezuyaf mitocho—a forged document—which invalidates the get mid'rabbanan. The Rambam (רמב"ם) in Hilchos Gerushin, Perek 1, Halacha (הלכה) 17, paskens that if witnesses on the shtar are pasul—even if one is pasul and one is kosher—the get is pasul because of mezuyaf mitocho. The Rambam defines "pasul" in Perek 2, Halacha 7 as pasul mid'rabbanan, distinguishing it from "batel," which is invalid mid'oraysa. Yet a fundamental question emerges: mid'oraysa, if we hold eid mesirah karsei, we don't need witnesses on the shtar at all. So why should witnesses who are pasul or shaloh lishmah create even a mid'rabbanan problem? Since they accomplish nothing, they should be treated as kaman d'leisa—as if they were never there.
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!
Gittin 4a
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.
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.
