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Why does the Mishna say "Arba Avos Nezikin" instead of listing them with "hein"? The shiur examines a fundamental question: does the Mishna enumerate four types of damagers or four categories of damages? Through Tosafos (תוספות), Rambam (רמב"ם), and Chinuch, Rabbi Zweig shows that according to the Rambam, shen, regel, and aish are all adam hamazik—a person damaging through his property—not separate damagers, making the list fundamentally about liability categories rather than distinct damaging agents.
The shiur opens with Tosafos (תוספות)'s question on the Mishna's formulation. The Mishna states "Arba avos nezikin" without the word "hein," unlike later mishnayos that say "arba avos shomrim hein." Tosafos struggles to find a satisfactory answer, suggesting this opens the door for other rishonim to provide explanations. The shiur then analyzes Tosafos's difficulty with the order in the Mishna. According to the Gemara (גמרא), the order follows the parsha. Rav holds that "mav" means adam (man), encompassing all acts of human damage. However, according to Rav Hoshea and Rav Chiya, who learn the Mishna like Rav but distinguish between adam who damages property versus adam who damages people, the placement of "mav" (adam) in the Mishna becomes problematic. If the Mishna refers to adam who damages property, the pasuk for this is "makeh behemah yeshalemena" in Parshas Emor, not in Parshas Mishpatim where it should be according to the order.
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Bava Kamma 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.
