A free account is required to play audio and download files.
No community start suggestion yet.
Why may one tell a non-Jew on Shabbos (שבת) to write a legal document for acquiring land in Eretz Yisrael? The Gemara (גמרא)'s formulation seems backwards—it cites amira l'akum as a reason to forbid, yet permits it. The Rambam (רמב"ם) resolves this by distinguishing two separate prohibitions: making Shabbos "light" (divrei soferim, waived for mitzvah (מצוה) needs) and the concern one might come to do melacha oneself (a shevus, waived only for tzorchei klal Yisrael).
This shiur analyzes Gittin 8b, which permits telling a non-Jew on Shabbos (שבת) to write a shtar (legal document) for acquiring land in Eretz Yisrael. Rabbi Zweig begins by noting the Gemara (גמרא)'s peculiar language: "lo gazar bei rabanan" (the Rabbis did not decree). The formulation is puzzling—did the Sages really sit down and enumerate specific exceptions to amira l'akum (asking a non-Jew to perform a forbidden act on Shabbos)? Such an unusual case seems unlikely to have been explicitly considered when the gezeira was made. The Gemara should have said it's permitted despite being a shevus because of the importance of settling Eretz Yisrael, yet instead it uses the language of "lo gazar." The shiur presents a fundamental disagreement between the Rosh and Rivash versus the Shulchan Aruch regarding whether one may make a kinyan (act of acquisition) on Shabbos itself. According to the Magen Avrohom, the Rosh and Rivash hold that while amira l'akum for writing is permitted, the kinyan itself must occur either before or after Shabbos, not on Shabbos. The distinction rests on the difference between a shevus she'ein bo ma'aseh (a rabbinic prohibition without a physical action, like amira l'akum) and one with a ma'aseh (like performing a kinyan). The Shulchan Aruch, however, permits even making the kinyan on Shabbos.
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!
Gittin 8b
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.
