No community start suggestion yet.
When a man asks "Will you marry me if I give you this?" and the woman responds "hav" (give it), is she accepting kiddushin or refusing? The shiur analyzes the Rambam (רמב"ם)'s puzzling formulation and the fundamental machloket between the Rashba (a question requires a proper answer; "hav" is not an answer, hence "no") and the Ran (who holds it depends on dibur kamah kasamach—what she said first).
The shiur opens with an analysis of the Rambam (רמב"ם)'s formulation in Hilchos Ishus, noting several difficulties. First, the Rambam cites the double lashon case ("hav hav") when the Gemara (גמרא)'s chiddush was actually the single lashon case—since the maskana is that even a single "hav" is eina mekudeshes, why does the Rambam emphasize the double lashon? Second, in the first case the Rambam presents a straightforward question, but in the second case he combines a question with a statement ("If I give you this, will you be mekudeshes to me?"), which sounds like both a question and a declaration together. This appears to be the very case the Ran discusses—where you combine question and statement—yet the Rambam rules she is not mekudeshes, seemingly contradicting the Ran. Furthermore, the Rambam appears to contradict himself by treating the two cases differently. The shiur then raises a fundamental question on the Gemara itself: if the halacha (הלכה) follows the view that even a single lashon of "hav" is eina mekudeshes (and a single lashon is a stronger case than a double lashon), why does the Gemara present the case with a double lashon? The Gemara should have stated the single lashon case from the outset, since that is both the halacha and the more powerful case. This leads into the question of what chiddush each of the three cases in the Gemara (eating, drinking, and other things) is meant to teach, which is also Tosafos (תוספות)'s question.
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 8b-9a
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.
