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Is Birchat Kohanim a davar shebikedusha or merely a din of tzibur? The Rambam (רמב"ם) places it with laws of kedusha while the Yerushalmi groups it with laws of tzibur. The shiur resolves the contradiction by showing the Rambam holds Birchat Kohanim is done after avodah (not as part of it), making it a davar shebikedusha requiring "chochu," whereas the Yerushalmi sees it as integral to each avodah, thus a tzibur din requiring only "yotzer."
The shiur opens by reviewing two previously established principles: (1) According to the Rambam (רמב"ם), the Kaddish before Yishtabach in the morning is required because Kriyat Shema is an avodah, and avodah requires a davar shebikedusha (i.e., Kaddish). Additionally, a minyan is needed for kabbalat ol malchut shamayim b'rabim—one person accepting God's kingship makes God a rebbe, but ten people make Him a king. By Maariv, however, there is no din of semikhut geulah l'tefillah as an avodah, so no Kaddish is required before Borchu. (2) The Rambam explicitly states that in Shacharit one must say Shemoneh Esrei "miyad" (immediately) after Ga'al Yisrael, but by Maariv no such immediacy is required. This demonstrates that the din of semikhut geulah l'tefillah in Shacharit is part of the avodah itself—like knocking on the king's door and entering immediately—whereas by Maariv it is not. The shiur then clarifies that according to the Rambam, chazarat hashatz is not a davar shebikedusha but rather a din of tefillah b'tzibur. The kedusha recited during chazarat hashatz is not a separate davar shebikedusha; it is merely the nusach (text) of the third bracha, as seen explicitly in the Rambam's Seder HaTefillah where he describes it as part of the bracha and not as an independent kedusha. This is important because if chazarat hashatz were a davar shebikedusha, one could recite Kaddish afterward even if part of the minyan left; but since it is only a tzibur din, the Mechaber rules that Kaddish cannot be said if the minyan is lost. The Rama disagrees and permits Kaddish because he considers chazarat hashatz a davar shebikedusha.
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Megillah 24b
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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.