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Why does miggo lo shichya work by borei v'shem but not by borei and borei? The shiur develops that borei v'shem functions through stronger ta'anos rather than rayos, making miggo effective even when it's not compelling proof of honesty.
This shiur provides an in-depth analysis of a complex Tosafos (תוספות) regarding the mechanics of miggo lo shichya in different types of claims. Rabbi Zweig begins by examining Tosafos's position that according to Sumchus, even borei v'shem results in yachloqu, not borei adam, because otherwise certain kashyas in the Gemara (גמרא) would be unanswerable. The central question emerges: how can miggo lo shichya be effective by borei v'shem when the Rosh holds that such a miggo doesn't work in other contexts because mukasetes lo shichya? The shiur develops two primary approaches to resolve this difficulty. The first approach distinguishes between different types of muchzak status. When someone is muchzak with borei v'shem, they don't have a full chazakas ownership but merely a din of 'leave it where it is' (al tistayeg mi'safek). This weakened muchzak status allows miggo to be effective for hotza'ah, since miggo can overcome inertia but cannot overcome genuine ownership rights.
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Why does halacha forbid entering dangerous places if everything happens by Divine decree? The shiur examines the debate between Rashi and Tosfos on traveling at night, developing a fundamental distinction: Rashi holds one must avoid even deserved punishments that Hashem delays through mercy, while Tosfos holds the prohibition addresses self-inflicted harm through free will. This framework reveals how people rationalize self-destructive behavior as "hashgacha."
Why does the Gemara praise hospitality to scholars as a unique mitzvah rather than ordinary hachnasas orchim? The shiur distinguishes two mitzvahs: hachnasas orchim (providing for those in need) and connecting to talmidei chachamim (cleaving to God through scholars). Yisro's meal for the Jewish leaders wasn't charity—it was his way of bonding with those transformed by Torah, teaching that learning must fundamentally change who we are.
Kesubos 12b
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