A free account is required to play audio and download files.
No community start suggestion yet.
Why doesn't kiddushin with a loan (mekadeish b'milvah) work, yet the benefit of forgiving a loan (hana'as mechilas milvah) does? The shiur develops a fundamental yesod: hana'ah alone cannot create kiddushin because it generates no reciprocal obligation. Only when the woman explicitly accepts (hiskayves) to pay for the service being rendered—forgiving the debt or extending its term—does she create the monetary value necessary for valid kiddushin.
The shiur addresses a fundamental difficulty in Masechta Kiddushin concerning the mechanism by which hana'as mechilas milvah (the benefit of forgiving a loan) effects kiddushin, while direct kiddushin with a loan (mekadeish b'milvah) does not work. The question becomes particularly acute in light of the principle that kinyan moel, kinyan ein moel—if one form of acquisition doesn't work, another valid form present in the same transaction should take effect. Since forgiving a loan provides tangible benefit worth money, why can't every attempted kiddushin with a loan work based on that benefit? Rashi (רש"י)'s approach establishes that one cannot be mekadesh with hana'ah (mere benefit) because it creates no reciprocal legal obligation. When someone gives you hana'ah without your prior agreement to pay, you owe them nothing in return. This is the defining characteristic of mavri achari (one who chases away danger)—even though you benefit when someone removes a threat from you, you are not legally obligated to compensate them unless you explicitly hired them for that service. The hana'ah itself, while real and valuable, is not "kesef" for purposes of kiddushin because it doesn't create a chiyuv (obligation) to pay.
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 6b
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.