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When someone declares "I will not die without being a nazir," does nezirus take effect immediately? The Rambam (רמב"ם)'s ruling creates a paradox: one is both a nazir immediately yet subject to ba'al ta'acher. The shiur resolves this by distinguishing nezirus's positive dimension (actively fulfilling kedushas nazir) from its negative prohibitions (avoiding wine, haircuts), arguing that chalos nezirus occurs at the moment of the vow even though the obligation to affirmatively act as a nazir creates ongoing ba'al ta'acher liability.
The shiur analyzes a fundamental question in the laws of nezirus based on Nedarim 4a and the Rambam (רמב"ם)'s codification in Hilchos Nezirus 1:4. The case involves someone who says "lo yafte min haolam ad sheyeiyeh nazir" — "I will not die without being a nazir." The Gemara (גמרא) states that such a person becomes a nazir immediately (miyad), yet the Rambam adds that if he fails to observe nezirus, he violates ba'al ta'acher (the prohibition against delaying fulfillment of a vow). This creates an apparent contradiction: if he is already a nazir immediately, how can there be ba'al ta'acher? Ba'al ta'acher applies to unfulfilled obligations, while once nezirus takes effect, failure to observe it would constitute ba'al yahel (violating an oath), not ba'al ta'acher. The traditional resolution offered by the Brisker Rav and Mishneh LaMelech understands "nazir miyad" to mean the person must accept (be mekabel) nezirus immediately, not that nezirus itself takes effect. Rabbi Zweig rejects this interpretation as strained and proposes a fundamentally different approach based on a careful reading of the Rambam's language and the Gemara's formulation.
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Nedarim 4a
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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.
