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Why does the Gemara (גמרא) require specific positions for haseidah at the Seder, and how do these requirements differ for various activities? The Rambam (רמב"ם)'s restructuring reveals a two-tiered system: derech cheirut for sippur yetziat mitzrayim (requiring left-side reclining even for lefties) and zecher l'geulah for comfortable eating. This framework resolves apparent contradictions about when proper positioning versus mere relaxation takes priority.
This shiur provides an in-depth analysis of Pesachim 108a, focusing on the Gemara (גמרא)'s teaching regarding haseidah (reclining) during the Pesach (פסח) Seder. The central text discusses 'praktin lo shmei haseidah' and 'haseidis yemin lo shmei haseidah' - that reclining on one's stomach or right side does not constitute proper reclining, with an additional concern 'shema yagdem kono leveshet' - lest food get caught in the throat. The shiur examines a significant dispute between Rashi (רש"י) and Rashbam regarding the medical understanding of the danger mentioned in the Gemara. According to Rashi, the concern about food getting caught in the throat applies specifically to solid food (maichal), not liquids (mishta). Rashbam, however, argues that this danger applies to both food and drink, leading to different interpretations of which activities require which type of reclining.
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Pesachim 108a
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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.
