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Why does the Torah (תורה) say "tisha b'erev" (ninth in the evening)—is that the ninth or the tenth? The Rambam (רמב"ם)'s chiddush: Yom Kippur's night is actually a continuation of the ninth day regarding inui (affliction), which is why tosefes (adding from chol to kodesh) applies. This creates a unique split: inui begins on the ninth and extends through the night, while issur melacha only begins on the tenth.
This shiur presents a fundamental analysis of the Rambam (רמב"ם)'s understanding of tosefes (adding from the mundane to the holy) specifically regarding Yom Kippur, contrasting it sharply with Rashi (רש"י)'s approach and exploring profound implications for the structure of Yom Kippur itself. The central sugya revolves around reconciling two seemingly contradictory pesukim: one stating "tisha lachodesh b'erev" (the ninth of the month in the evening) and another commanding "me'erev ad erev" (from evening to evening). The Gemara (גמרא) on Yoma 81b addresses this tension. According to Rashi, the obligation of vidui (confession) on Erev Yom Kippur is not a preparation (hachana) for Yom Kippur itself, but rather vidui on the korban—the person themselves as the object of kapara. Since fasting provides atonement, and every kapara requires vidui, one must confess. The Rambam, however, learns differently: vidui on Erev Yom Kippur is indeed a din of Erev Yom Kippur—it's a halacha (הלכה) of the ninth day itself.
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Yoma 81b
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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.
