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What makes gentile marriage fundamentally different from Jewish marriage according to the Rambam (רמב"ם)? Gentile marriage operates through commitment rather than kinyan, allowing either party to dissolve it by separation without a get. The shiur analyzes the machlokes between the Rambam and Rabbeinu Tam Dovid about whether a master designating his maidservant for his slave creates true marriage or merely arrangement.
This shiur provides an in-depth analysis of the Rambam (רמב"ם)'s laws regarding marriage and divorce for non-Jews (Ben Noach), focusing on the fundamental differences between Jewish and gentile marriage structures. The speaker explores Hilchos Melachim, examining how gentile marriage is based on commitment rather than kinyan (acquisition), and therefore can be dissolved by either party simply separating without requiring a get (divorce document). A significant portion discusses a complex Talmudic passage about a master who designates his maidservant for his slave, analyzing the machloket (dispute) between the Rambam and Rabbeinu Tam Dovid regarding whether this relationship constitutes a true marriage or merely a de facto arrangement. The shiur also addresses the practical implications of these laws, including the public nature required for marriage recognition and the mechanisms for dissolution. Throughout, the analysis draws from various sources including Gemara (גמרא), Rashi (רש"י), and later authorities, providing both textual analysis and conceptual frameworks for understanding these complex legal topics.
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Is raising your hand against someone (assault) merely a "shem rasha" or is it a Torah prohibition that carries malkus? The shiur analyzes whether the lav applies only when you actually hit (battery) or whether threatening counts as the beginning of the prohibited act. Targum Yonasan ben Uziel's reading of "arba'im yakenu"—that the fortieth malkah is lifting the hand without striking—suggests that the gesture itself constitutes a hakah and triggers the lav.
Why does the Rambam define the mitzvah of teshuva as vidui (confession) rather than internal repentance? The shiur argues that genuine teshuva requires focusing on the victim—God or others—rather than self-improvement. Teshuva means "return" to closeness with Hashem, not merely fixing past mistakes.
Hilchos Melachim, Gemara
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