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What does "hadein peah ve'hadein nami" accomplish — is it expanding the first peah, or creating a second one? The shiur develops the Kesef Mishneh's position that the Rambam (רמב"ם) distinguishes between the mitzvah (מצוה) of haniach peah (leaving uncut field) and hifrish peah (designating money for the poor). Only the latter operates through yad, creating two separate halos, which explains why the Gemara (גמרא)'s im timtzalomer applies to tzedakah but not peah.
Rabbi Zweig analyzes a fundamental question in the Kesef Mishneh's reading of the Rambam (רמב"ם) in Hilchos Matanos Aniyim regarding whether there is yad lepe'ah. The Kesef Mishneh holds that the Rambam is mestapik (uncertain) in the halacha (הלכה) of yesh yad lepe'ah and paskens safek lakula, while by tzedakah, the Gemara (גמרא) says im timtzalomer yesh yad letzedakah, making it a vadai. This creates a fundamental contradiction: if the Gemara resolves ein hekesh lema'achase regarding tzedakah, why would peah remain a safek when both involve the same question of whether they are hukash to karbonos beyond just baal toker? The shiur presents multiple kashas on this Kesef Mishneh. First, if the Gemara is poshet (resolves) ein hekesh lema'achase by tzedakah, it should apply to peah as well. Second, the Rambam includes in one halacha both the case of hadein ugi lavi peah ve'hadein nami and zu peah ve'zu. The Gemara says the case of zu nami is peah amalyesu (obviously valid) even without yad lepe'ah. How can the Rambam combine a vadai and a safek in the same halacha? Third, why does the Rambam pasken the case of zu nami at all when the Gemara calls it pshita?
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Nedarim (discussion of yad lepe'ah)
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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.
