A free account is required to play audio and download files.
No community start suggestion yet.
When a get falls in his daled amos and she enters, is it valid? The shiur analyzes the Rashba's position that the first one there excludes the second, contrasting it with Rashi (רש"י)'s view that daled amos creates a kinyan for the one standing there. The discussion explores whether yachol lishmoram means actual physical ability to retrieve the get or merely legal proximity.
This shiur continues yesterday's analysis of Gittin 78b, focusing on the case where a get falls in the husband's daled amos and the wife enters to be koneh. The central question is whether the husband being there first precludes the wife from acquiring the get. According to the Rashba's position, "kor v'lo" (he came and she came afterward) creates a fundamental problem: since he arrived at the daled amos first, it is his daled amos, and her subsequent entry cannot effect a valid kinyan even though she has the right to acquire the get there. The shiur raises a difficulty with this approach: if the first person's presence automatically precludes the second, the Gemara (גמרא)'s entire discussion about whether they can both acquire simultaneously (efshar l'tsamtem) seems misplaced—the Gemara should have immediately asked about sequential arrival rather than going through the stage of simultaneous presence.
Looking for the full summary?
Full access is available to members of the TUF Alumni Association or the Yam Hagadol Foundation.
Already a member? Let the admin know!
Gittin 78b
Looking for the full transcript?
Full access is available to members of the TUF Alumni Association or the Yam Hagadol Foundation.
Already a member? Let the admin know!
Dedicate a Shiur in Gemara
L'ilui nishmas a loved one. In honor of a simcha or yahrzeit. As a zechus for a refuah sheleimah. Your dedication helps carry Rabbi Zweig's Torah to learners around the world.
When an animal damages crops, the Torah prescribes a unique payment formula based on multiplying the damaged area by sixty. Does this formula redefine the actual loss, or does it merely create a payment mechanism that still acknowledges the full damage sustained? The Gemara explores whether someone who ate in doubt should pay the higher-quality amount, examining how the principle of motzi me-chaveiro alav haraya applies when payments fall within the range of actual loss.
What makes testimony valid when different witnesses testify to different parts of the same event? The Gemara debates whether the principle of "davar v'lo chatzi davar" (complete testimony, not partial) disqualifies witnesses who testify separately to theft and slaughter. Rashi's approach reveals that the issue is not merely combining elements, but whether each witness's statement is independently meaningful.
Why is a ganav who sells a stolen animal on Shabbos exempt from the fourfold/fivefold payment? The shiur analyzes whether this exemption stems from kam lei b'derabbah or from the absence of a valid mechira. The Rashba's principle that matana resembles mechira when it is "nishtarish b'chet" is explored, along with the Rambam's position on hekdesh and the distinction between giving to bedek habayis versus mizbe'ach.
When a ganav shechts a stolen animal l'avodah zarah, why isn't he patur from payment since it's already isur hana'ah? The shiur explores the fundamental machloket Rashi-Tosafot on whether the isur derives from the act of shechita or from the din shechita itself. The Gemara's application of davar garem be'mamon ke'mamon domi extends the analysis to when borrowed animals become niskal.