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When does the obligation of Yom Kippur fasting begin for a minor? The shiur contrasts three views: the Rif holds it's when Yom Kippur itself is chal on a child, the Baal HaMaor sees it as preparation time before gadlus, and the Rambam (רמב"ם) distinguishes between practice (shos) and consecration (hashlama).
This shiur presents a detailed analysis of the Gemara (גמרא) in Yoma 82a concerning the obligation of Yom Kippur fasting for minors (ketanim). The sugya discusses three opinions in the Gemara: Rav Chisda (per Rashi (רש"י)'s reading), Rav Huna, and Rav Nachman, each with different views on the years of shos (practice/training) and hashlama (completion) before a child reaches gadlus (halakhic majority). According to the Riv's reading of the Gemara, Rav Nachman and Rav Huna both agree that gadlus for purposes of this halacha (הלכה) is at twelve years old, but they disagree on whether there are two years of shos and two years of hashlama (Rav Huna) or two years of shos and one year of hashlama (Rav Nachman). Both hold that twelve is a din d'oraita. Rav Yochanan holds there is no hashlama d'oraita at all, and that everyone starts at ten years old. The Riv paskens like Rav Yochanan that gadlus is twelve for a girl and thirteen for a boy, but follows Rav Nachman's structure of two years shos and one year hashlama.
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Yoma 82a
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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.
