A free account is required to play audio and download files.
No community start suggestion yet.
Can a man be mekadesh a woman with land still attached to the ground? The shiur analyzes the machlokes Rishonim on whether the principle of havaya l'yetzia (comparing marriage laws to divorce laws) makes mechubar l'karka invalid for kiddushin. Four approaches emerge: the Baal HaItur extends the prohibition to all forms of kiddushin, the Ran limits it to kiddushei shtar, the Rambam (רמב"ם) permits even kiddushei shtar, and the Rashba distinguishes between writing on mechubar versus delivering mechubar.
This shiur presents a comprehensive analysis of the sugya in Kiddushin 2a regarding whether one can be mekadesh a woman with karka (land) or mechubar l'karka (something attached to the ground). The central question revolves around the principle of havaya l'yetzia—the Torah (תורה)'s comparison between the laws of marriage (havaya/kiddushin) and divorce (yetzia/gittin). The Gemara (גמרא) in Gittin establishes that a get written on mechubar l'karka is invalid. The Baal HaItur argues that this invalidation extends to all forms of kiddushin based on the hekesh of havaya l'yetzia. He brings proof from the Gemara in Gittin which discusses why mechubar isn't listed among the similarities between gittin and shtarei avadim—because the same law applies to kiddushin, and the Gemara only lists differences. According to the Baal HaItur, whatever is invalid for get must be invalid for all forms of kiddushin, including even kiddushei kesef (monetary kiddushin).
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!
Kiddushin 2a
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.
When an animal damages crops, the Torah prescribes a unique payment formula based on multiplying the damaged area by sixty. Does this formula redefine the actual loss, or does it merely create a payment mechanism that still acknowledges the full damage sustained? The Gemara explores whether someone who ate in doubt should pay the higher-quality amount, examining how the principle of motzi me-chaveiro alav haraya applies when payments fall within the range of actual loss.
What makes testimony valid when different witnesses testify to different parts of the same event? The Gemara debates whether the principle of "davar v'lo chatzi davar" (complete testimony, not partial) disqualifies witnesses who testify separately to theft and slaughter. Rashi's approach reveals that the issue is not merely combining elements, but whether each witness's statement is independently meaningful.
Why is a ganav who sells a stolen animal on Shabbos exempt from the fourfold/fivefold payment? The shiur analyzes whether this exemption stems from kam lei b'derabbah or from the absence of a valid mechira. The Rashba's principle that matana resembles mechira when it is "nishtarish b'chet" is explored, along with the Rambam's position on hekdesh and the distinction between giving to bedek habayis versus mizbe'ach.
When a ganav shechts a stolen animal l'avodah zarah, why isn't he patur from payment since it's already isur hana'ah? The shiur explores the fundamental machloket Rashi-Tosafot on whether the isur derives from the act of shechita or from the din shechita itself. The Gemara's application of davar garem be'mamon ke'mamon domi extends the analysis to when borrowed animals become niskal.