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What happens when someone dies during the Shloshim period and Yom Tov arrives? The discussion focuses on the Ran's position that kavod haTov overrides mourning obligations except for the first day. This creates tension with established halachic principles about the minimum requirements for aveilus.
This shiur analyzes a complex halachic scenario involving the intersection of mourning laws (aveilus) and festival obligations during the Shloshim period. The central case discussed is when someone dies during Shloshim and a Yom Tov subsequently arrives, creating a conflict between mourning obligations and the honor due to the festival (kavod haTov). The primary focus is on understanding the Ran's position regarding this conflict. According to the Ran, the principle of kavod haTov takes precedence over aveilus obligations, with one crucial exception: the first day of mourning, which is considered a Torah (תורה)-level obligation (deOraisa) that cannot be overridden. After this initial day, the festival's honor supersedes the mourning requirements.
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Kesubos 4a
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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.
