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When may a Jew instruct a non-Jew to perform prohibited labor on Shabbos (שבת)? The shiur analyzes Gittin 8b's case of purchasing land in Eretz Yisrael on Shabbos and uncovers a fundamental dispute among Rishonim. Rashi (רש"י), the Rambam (רמב"ם), and Tosafos (תוספות) disagree whether the heter extends to all mitzvos or is unique to Yishuv Eretz Yisrael, and whether the buyer may execute a kinyan himself or only instruct writing.
The shiur examines the Gemara (גמרא) in Gittin 8b that permits purchasing a house in Eretz Yisrael from a non-Jew on Shabbos (שבת). The basic text appears straightforward: one may instruct a non-Jew to write a deed (shtar) even on Shabbos due to the mitzvah (מצוה) of Yishuv Eretz Yisrael (settling the Land of Israel). However, the shiur reveals profound disagreement among the Rishonim about the scope and rationale of this heter. Rabbi Zweig begins by parsing Rashi (רש"י)'s position. According to Rashi's language, it appears the kinyan (acquisition) itself must occur before Shabbos, and only the writing of the shtar ra'aya (deed of proof) may be done on Shabbos through amira le'akum (instructing a non-Jew). Rashi writes "im loch minov kocham" suggesting the buyer already owns the property, and the non-Jew is leaving so there is urgency to obtain written documentation. This reading implies the kinyan itself may not be executed on Shabbos—only securing proof may be delegated to a non-Jew. The heter, according to this reading, is not because one is fulfilling the mitzvah of Yishuv Eretz Yisrael on Shabbos itself, but because allowing this practice encourages settlement generally. The buyer would not have purchased Friday if he knew he couldn't secure documentation when needed.
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Gittin 8b
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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.
