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Is the prohibition against using a moch (contraceptive device) rooted in the mitzvah (מצוה) of procreation or in the category of forbidden relations? The shiur analyzes Rashi (רש"י), Tosafot, and the Rambam (רמב"ם) to show that the same physical act can sometimes constitute bittul mitzvat pru u'revu and sometimes constitute zenut (forbidden relations), depending on whether the marriage is l'shem ishut (for the sake of a relationship) or merely l'shem bi'ah (to permit physical relations).
This shiur examines the sugya in Yevamos 12b concerning a woman's use of a moch (contraceptive device) and the nature of the prohibition of hashchatzas zera (wasting seed). The Gemara (גמרא) presents a machlokes between Rabbi Meir and the Chachamim regarding whether a woman may use a moch. According to Rashi (רש"י)'s understanding, both sides agree there is an issur of hashchatzas zera; the dispute centers on whether sakana (danger) permits overriding this prohibition. The Chachamim invoke the principle of shomer pesa'im Hashem (ה׳)—God protects the simple—arguing that since many people engage in this practice without negative consequences, there is no real danger, and thus no heter. The fundamental difficulty Rabbi Zweig addresses is: How can a woman be commanded in hashchatzas zera when she is not commanded in the mitzvah (מצוה) of pru u'revu? The shiur rejects the straightforward answer of the Ramban (רמב"ן) (that she is prohibited from destroying the man's seed) because Rashi and Tosafot explicitly frame this as the woman's own obligation in hashchatzas zera. This requires a conceptual explanation of what this issur represents.
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Yevamos 12b
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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.
