A free account is required to play audio and download files.
No community start suggestion yet.
What does it mean to be an onas (compelled person) when a get depends on fulfilling a condition? Rashi (רש"י) requires ta'ina onas (claiming compulsion), suggesting onas means acting unwillingly rather than lacking free choice. This reshapes how we understand compulsion in Jewish law.
This shiur analyzes a fundamental question in the laws of gittin (divorce documents): when a husband gives his wife a conditional get ("if I don't come by a certain date, this get is valid"), what happens if he fails to come due to circumstances beyond his control (onas)? The Gemara (גמרא) on Kesubos 2a discusses whether there is onas regarding gittin (ain onas b'gittin), and Rashi (רש"י)'s interpretation raises profound questions about the nature of compulsion. Rashi states that one must make a "ta'ina onas" (claim of compulsion), which Rabbi Zweig identifies as highly significant. This requirement suggests that even when external circumstances prevent someone from acting, they must actively claim they were compelled for the onas to be legally recognized. The shiur explores what this means for defining onas itself.
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!
Kesubos 2a
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.
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.
