A free account is required to play audio and download files.
No community start suggestion yet.
Does matana al manas lehachzir (a gift given on condition it be returned) count as a valid gift? The Gemara (גמרא) compares four cases: kiddushin, sale, pidyon haben, and terumah. The shiur develops a fundamental distinction—is the condition placed on the giving of the object itself, or on an external consequence like the kiddushin? This chakira reshapes how we understand ownership, reciprocal obligation, and the Rambam (רמב"ם)'s cryptic formulation.
The Gemara (גמרא) on Kiddushin 6b presents a famous difficulty: if matana al manas lehachzir (a gift given on condition it be returned) is not considered a valid gift, why does it work for terumah and esrog but not for kiddushin, sale, or pidyon haben? The shiur begins by analyzing the apparent contradiction—either it should work in all four cases or in none. The Rishonim struggle with the prerequisite that any valid matana must be something the recipient can be makdish (consecrate). The Gemara in another context states that anything one cannot consecrate is not a valid gift. The standard answer is that this Gemara refers to a sham gift, not a genuine limitation on matana. The Raavad offers an alternative: even in matana al manas lehachzir, the recipient can consecrate the temporary use (hishtamshus) of the object, which represents real value. But this creates a difficulty—if the recipient has real value that can be transferred to hekdesh, how can we maintain that matana al manas lehachzir is "lo shmo matana"?
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!
Kiddushin 6b
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.