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Why does the Rambam (רמב"ם) say "lo yichnus" when the Gemara (גמרא) says "lo yivo"? The shiur develops the Rambam's shita that chuppah requires yichud haroy lebir, creating a fundamental disagreement with Tosafos (תוספות) about whether marriage can occur when beilah is forbidden on Shabbos (שבת).
The shiur addresses a fundamental discrepancy between the Rambam (רמב"ם) and the Gemara (גמרא)'s language regarding marriage on Friday night and Shabbos (שבת). While the Gemara states "lo yivo" (he should not have relations), the Rambam writes "lo yichnus" (he should not marry). Rabbi Zweig explains that according to Tosafos (תוספות), the Gemara permits marriage on these nights because the prohibition against beilah removes the tirda hamitzvah (preoccupation with the mitzvah (מצוה)), thus preventing potential chilul Shabbos. Since there's no tirda, people won't become so engrossed in wedding preparations that they'll forget about Shabbos. However, the Rambam holds that chuppah requires yichud haroy lebir (seclusion fit for relations), and when beilah is forbidden, there can be no valid chuppah. The Rambam interprets the Gemara as explaining why marriage itself is prohibited - not just because of chilul Shabbos concerns, but because the very solution (prohibiting beilah) invalidates the marriage ceremony according to his understanding of chuppah. The shiur then delves into complex analysis of Tosafos regarding psik reisha and whether mekalkel changes the status of davar she'ein miskaven. Rabbi Zweig discusses the distinction between "ein miskaven" and "ein miskaven klal," suggesting that when someone actively doesn't want a consequence to occur (as in mekalkel cases), this creates a different halachic category than merely not thinking about a potential outcome. The discussion includes analysis of whether circumcision on Shabbos involves the melacha of chabura or gozes, and how this affects various girsa questions in the Gemara.
Kesubos 5b
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