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What determines whether a ritual object must be buried or may be discarded? The shiur distinguishes tashmishei kedushah (objects made sacred through direct sanctification like tefillin) from tashmishei mitzvah (מצוה) (objects made sacred through mitzvah performance like sukkah). The fundamental question is whether kedushah is inherent in the object itself or generated only through the act of fulfilling the mitzvah.
The Gemara (גמרא) in Megillah 26b presents a fundamental distinction: tashmishei mitzvah (מצוה) (ritual objects like sukkah, lulav, shofar, and tzitzis) may be discarded after use, while tashmishei kedushah (sacred objects like tefillin, mezuzot, and sifrei Torah (תורה)) require burial (genizah). Rabbi Zweig begins by questioning why items like sukkah would be classified as mere tashmishei mitzvah. After all, the Gemara states that just as God's name rests upon the chagigah offering, it rests upon the sukkah. Similarly, lulav has a din of mitzvah haba'ah ba'aveirah, suggesting inherent kedushah. The central yesod developed in this shiur is that both categories possess kedushah—the distinction lies in what creates that kedushah. Tashmishei kedushah are objects where you directly place kedushah into the hefetz (object) itself—you write a sefer Torah lishmah, creating immediate sanctity. Tashmishei mitzvah, by contrast, acquire their kedushah only through the performance of the mitzvah. You must sit in the sukkah to create its sanctity; you must wave the lulav to sanctify it. The Ramban (רמב"ן)'s position on a beis haknesses exemplifies this beautifully: though a synagogue has tremendous kedushah, that sanctity is generated through tefillah b'tzibbur. Once prayer ceases permanently, the kedushah dissipates, making it permissible to sell the building.
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Megillah 26b
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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.
