No community start suggestion yet.
Why does the Gemara (גמרא) need a special din of arev to validate kiddushin when the woman says "give money to someone else"? The shiur distinguishes between mamoni gabach (which works for acquisitions but not kiddushin) and actual maaseh kiddushin. The Rambam (רמב"ם) holds you need real hana'ah as shevach v'kesef, while the Rashba attributes the actual nesinas mamon to the woman herself.
The shiur opens with the Pnei Yehoshua's fundamental question: if kiddushin through arev works, why do we need the special din of arev at all? The case of "tein maneh l'ploni v'kadash ani lach" (give money to someone else and I'll be betrothed to you) should work on the simple principle that it's hana'ah—she benefits from his willingness to spend money at her direction. Yet the Gemara (גמרא) derives a special din from arev (guarantorship). Why is this necessary? Rabbi Zweig identifies two fundamental approaches among the Rishonim regarding the basis of arev. The Ridvaz holds that arev works because you listened to me and spent money on my behalf—the very fact that you trust me enough to expend funds creates the obligation. The Rashba appears to hold that it's the recipient's receiving that matters—when the third party (C) receives the money, it's as if I (A) received it myself, since I directed it there.
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 7a
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.