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Why does the Rambam (רמב"ם) require both Borchu and Kaddish for morning prayers, while evening requires only one or the other? Megillah 23b establishes parshas al sh'ma requires ten people. The shiur develops a yesod that morning Krias Shema has two distinct functions requiring tzibur: kabbalas ol malchus shamayim (making Hashem (ה׳) king through communal declaration) and the beginning of avodah (service that extends into Shemoneh Esreh).
The shiur analyzes the Rambam (רמב"ם)'s presentation of the laws of communal prayer in Hilchos Tefillah, focusing on the requirement of "parshas al sh'ma" found in Megillah 23b. The Rambam describes a unique davening structure where the shaliach tzibur recites Birchas Krias Shema and Shema aloud while the congregation either listens and is yotzei or joins along. This raises fundamental questions: what exactly is parshas al sh'ma, and why does it require a minyan? The Rambam's description reveals an intriguing pattern. In the morning service, he mandates both Kaddish (before Borchu) and Borchu. The congregation must answer "Yehei Shmei Rabba" with all their strength and "Amen" at the end of Kaddish. For Mincha, the Rambam specifies that everyone must stand for Kaddish before Shemoneh Esreh. For Maariv, he mentions both Borchu and Kaddish, with the standing requirement appearing after Kaddish. These variations demand explanation—if Kaddish alone creates the tzibur for tefillah, why is Borchu needed? And why do the standing requirements differ?
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Megillah 23b
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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.
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