A free account is required to play audio and download files.
No community start suggestion yet.
What creates the obligation to go "up" in kedusha when selling a shul or its ritual objects? The shiur develops a fundamental machloket: according to Rashi (רש"י) it stems from the mitzvah (מצוה) performed there, but the Rambam (רמב"ם) and Tur understand it as rooted in kedushas Beis HaKnesses itself—a distinction that reshapes how we read the entire Mishna and understand which objects possess kedusha.
This shiur presents a comprehensive analysis of Megillah 25b and the principle of ma'alin bekodesh—the requirement to "ascend" in matters of holiness. The Mishna discusses the sale of communal religious property: one may sell a street to buy a shul, a shul to buy an aron (ark), proceeding upward through teivah, mitpachos (Torah (תורה) coverings), and sefarim to ultimately acquire a Sefer Torah. The Gemara (גמרא) further addresses whether a street where people pray has kedusha. The shiur identifies a fundamental machloket Rishonim about what drives the halacha (הלכה) of ma'alin bekodesh. Rashi (רש"י) understands that kedusha derives from the mitzvah (מצוה) of tefillah performed in a location. Therefore, according to Rashi, a rechov shel ir (city street) would have kedusha if people davened there regularly (tadir), but lacks kedusha if used only infrequently (ein tadir). The Rambam (רמב"ם) and Tur, however, rule that a street has no kedusha at all because it is merely an arai (temporary overflow space) and was never established (lo nikba) as a makom tefillah—it is not a Beis HaKnesses. According to them, the requirement of ma'alin bekodesh applies only to an actual Beis HaKnesses and its component parts, not to any place where tefillah happens to occur.
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!
Megillah 25b
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.
