No community start suggestion yet.
Why is a woman not mekudeshes when given money on condition she return it? The shiur develops a chiddush in the Rambam (רמב"ם): the condition applies to the kiddushin itself, not to the money. Unlike a standard matana al menas le'hachzir (where ownership of the object is conditional), here the kiddushin is conditional—she receives the money but the marriage only takes effect if she returns it.
This shiur analyzes Kiddushin 6b's discussion of matana al menas le'hachzir (a gift given on condition of return) in the context of kiddushin. The Gemara (גמרא) discusses a case where a man gives a woman money for kiddushin stipulating that she must return it. Rabbi Zweig explores fundamental questions about the nature of such conditional transactions. The shiur begins by addressing Tosafos (תוספות)'s question: why didn't the Gemara immediately invoke the principle of tnai kaful (double condition)? The Minchas Chinuch suggests it must not be a tnai kaful here. Rabbi Zweig develops this to mean that when someone gives an object "al menas le'hachzir," it becomes fully the recipient's property, but with an obligation to return it—similar to a debt. If the recipient doesn't return it, they owe the value, but the object itself remains theirs.
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 6b
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.