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When someone designates an item as pe'ah or tzedakah, does verbal designation ("yad") alone create the consecration, or is a physical action required? The shiur traces a Gemara (גמרא) debate through the Rambam (רמב"ם)'s rulings in hilchos matnos aniyim, arguing that "tafsi b'kidusha" hinges on whether the kedushah has taken effect yet, not on whether the woman is mekudeshes. The analysis exposes a fundamental question: is ba'al ta'achur a din in the object (pe'ah, tzedakah) or in the person's obligation?
The shiur opens with a detailed analysis of the Gemara (גמרא)'s phrase "tafsi b'kidusha," examining whether it means the woman is actually mekudeshes or whether the kiddushin has simply taken effect. Rabbi Zweig presents an alternative reading to the Rambam (רמב"ם)'s understanding: the question is not whether she is mekudeshes versus ein mekudeshes, but whether the kiddushin has been "tafis" (seized/taken effect) yet. He suggests that "tafsi b'kidusha" may be lashon chatfasa—you're being "matfis" in the kiddushin, seizing the kiddushin itself, not just becoming mekudeshes. The shiur then transitions to the Ran's position regarding the concept of "ein hekesh l'machah"—is there a full hekesh (textual connection) between tzedakah and korbanos, or only regarding ba'al ta'achur (the prohibition against delaying)? The Ran argues that because pe'ah and tzedakah are not written explicitly in the Torah (תורה) (only "befichah" and "meimcha"), they lack the force of a full hekesh. This raises a fundamental question: why does it matter whether the word appears explicitly in the text if we know through Torah She'ba'al Peh that "befichah" means tzedakah?
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Nedarim (specific daf unclear from transcript)
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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.
