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When a shevuah is made without uttering Hashem (ה׳)'s name, is it a full-fledged oath that creates an obligation, or merely a personal commitment? The shiur analyzes the Ran's position that a shevuah never needs Shem Hashem (not even as a yad), the Raavad's ruling that a shevuah without a shem obligates a korban but not malkus, and the Chasam Sofer's proof from Nedarim 10a regarding kinuyim.
This shiur explores a fundamental machlokes regarding the nature of a shevuah made without explicitly invoking Shem Hashem (ה׳). The Rambam (רמב"ם) rules that a shevuah without a shem is subject to malkus and issur but not korban, while in Perek Yud Beis he says there is neither korban nor malkus—only shemayim v'aretz (Heavenly punishment). The Raavad in Perek Beis disputes the Rambam, holding that a shevuah without a shem obligates a korban and issur but not malkus. The Magen Avrohom's difficulty is understanding the Raavad's internal consistency: why does he say there's a korban in Perek Beis but not in Perek Yud Beis? The shiur introduces the Ran's position on Nedarim 2a. The Ran argues that a shevuah does not require Shem Hashem at all, based on the Mishna's teaching that "kol kinuy shevuos k'shevuos"—all substitute terms for oaths are like oaths. If a shevuah required a shem, there would be no need for the Mishna to teach this principle, because any oath would automatically work through the shem itself, making the word "shevuah" superfluous. The Ran concludes it is "muchrach" (logically necessary) that a shevuah does not require a shem. He then brings two proofs from the Gemara (גמרא) that a shem works independently without the word shevuah, reinforcing his argument that our Mishna proves a shevuah does not require a shem.
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Nedarim 2a
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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.
