A free account is required to play audio and download files.
No community start suggestion yet.
Can a Frenchman recite Shema in French while visiting America? The Birkei Yosef rules that a foreign language only works for mitzvos in places where that language is spoken—elsewhere it's not considered a "language" at all. The shiur analyzes this striking position through the Ridvaz's proof from nedarim and a sugya in Kiddushin about the word "charufasi," exploring the fundamental question of what makes something a language versus mere dialect.
This shiur examines a fascinating halachic question: does the validity of a foreign language for fulfilling mitzvos depend on where you are standing? The discussion centers on a chiddush of the Birkei Yosef who rules that a person can only fulfill obligations like Kriyas Shema in a foreign language if he is in a place where that language is spoken. According to this view, a Frenchman saying Shema in French while in France would be yotzei, but the same person saying the same words in the United States would not be—because French is not the language of that place. Rabbi Zweig questions this svara intensely. The Birkei Yosef's reasoning is that all languages besides Lashon Kodesh are merely agreements (haskama) among people, and if the people in a particular place don't speak that language, it's not considered a language there at all. But this seems provincial: we all know that French is a legitimate language spoken by millions, with a vast literature. How can we say it's "not a language" in America just because Americans don't speak it? The same question applies even more forcefully to Chinese, spoken by over a billion people—yet according to this shita, a Chinese person in America reciting Shema in Chinese would not be yotzei.
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!
Nedarim 4a
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.
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.
