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Can you make a neder in French if you're in America? The Mishnah (משנה) Berurah says no, bringing proof from the Ritva that kinuyim only work where they're understood. The shiur develops a fundamental chakira: some b'chol lashon means the experience itself (like Shema—understand and you're yotzei anywhere); other times b'chol lashon means "pointing" to Hebrew (like nedarim—only valid where that language connects to Lashon HaKodesh).
The shiur opens with a striking shailah from the Mishnah (משנה) Berurah in Siman 62: if an American is in France and says Krias Shema in French, he is yotzei. But if that same American says Krias Shema in French while in America, the Mishnah Berurah rules he is not yotzei. The Beer HaGolah brings a proof from the Ritva in Nedarim that kinuyim (substitute terms) only work in the place where they are used and understood. According to the Ritva, kinuyim function only b'oso makom—in that particular locale. Most remarkably, the Ritva explicitly states that other languages (lashon la'az v'arev) work just like kinuyim—meaning they too are limited to the places where they are spoken and understood. This appears to be a tremendous proof for the Mishnah Berurah's position. However, the shiur notes two major difficulties with the Ritva's formulation. First, it seems backwards: the Ran holds exactly the opposite—that regular languages (shar lashonot) work universally, and kinuyim are the chiddush that they also work. Second, it's unclear why the Ritva learns shar lashonot from kinuyim at all. If anything, one would expect to learn kinuyim from shar lashonot, since actual languages are clearly valid modes of expression.
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Nedarim 2a
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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.
