Here, the Gemara דף ו עמוד ב says, \"אמר רבא: תן מנה לפלוני ואקדש אני לך, מקודשת מדין ערב.\" We know that by kiddushin, the way to be mekadesh a woman is you take kesef, and you give it to her, and you say to her, \"הרי את מקודשת לי.\" So the man gives kesef or שוה כסף, כסף or money or which is worth money, and gives it to her. So he gives it, she takes it, and he says, \"הרי את מקודשת לי.\" So here we have a new din Rava says. If a woman tells a man, \"You know what? Give the manah,\" which is the money, \"to somebody else.\" So let's name them. She tells Reuven, \"You want to marry me, you want to give me a manah for the marriage, take the manah and give it to Shimon, and I will become mekudeshet to you. Instead of giving it to me, give it to Shimon.\" \"והרי את לשמעון?\" So then, and he gives it, and as Rashi says, and when he gives it to Shimon, he says to her, \"הרי את מקודשת לי because I gave money to Shimon,\" she's mekudeshet. Why should she be mekudeshet? Lichora, she didn't get any money. For kiddushin, you have to get money, she didn't get money. So he says מקודשת מדין ערב. We

learn this out from the din of an arev. Ha'arev is a guarantor. A guarantor, Levi, a מלוה, a lender, lends money to a לוה, the borrower. And the arev becomes מחויב, the arev becomes משועבד to pay. That means that when it comes time to pay, Reuven, who is the lender, goes to Shimon and says, \"Pay me my money.\" And if Shimon doesn't have, then Levi, who is the arev, is obligated to pay, is משועבד to pay. Now, what made the שיעבוד of Levi? How in the world did Levi become a מחויב to pay? See, Shimon got money from Reuven. When you get money from Reuven, now you have to pay it back. What in the world did Levi do that he should be chayav to pay? He guaranteed, so he said. What's a guarantee? \"I told you I'll I take responsibility,\" so he said. If I walk over to you and I say, \"You know what? I give you a present, I'm going to give you $100 tomorrow.\" I don't want to give you. Call me to beit din, I mean I don't have to give you. I mean, it's not nice, you know, keep your word, but there's no shibud here. How in the world does he get? So he says, \"ערב לאו אף על גב דלא מטא הנאה לידיה,\" by an arev, even though he didn't get hana'ah, he didn't get the money, the money went from Reuven to Shimon, from the malveh to the loveh, nevertheless, \"קא משעביד נפשיה.\" The din is that he is mesh ubad. As being an arev, he's mesh ubad. \"האי איתתא נמי,\" this woman also, \"אף על גב דלא מטא הנאה לידה,\" the chidush is even though she did not get the money, she did not get the hana'ah, \"קא משעבדא ומקניא נפשה,\" she's makneh herself, and she is mesh abed herself, she is makneh herself that she's married. So we learn out from the דין ערב this din that a woman could be mekudeshet if Reuven gives Shimon money on her behalf. In other words, she says to Reuven, \"Give money to Shimon,\" just like the arev. The arev tells Reuven, \"Lend money to Shimon on my word.\" And doing that, money changing hand between Reuven and Shimon is מחייב לוי, is mechayev the arev. Same thing here, the money that came from Reuven to Shimon is mechayev her, is mesh abed her. \"That's the same thing?\" Yeah, well, that's what the Gemara says. \"Here it's one is the question of money, the other is the question of אישות.\" Okay, but שיעבוד, we learn out that the concept is there, but the concept is there that you could משעבד yourself without the money coming to you. \"It's still, the question of money changing...\" It's still, there's a שיעבוד here, there's a שיעבוד that comes here. This is what the Gemara says. The question that we have to understand here is we have a comparison, we have an example to the din of this case of the kiddushin from the case of the ערב. Good, but the case of the ערב itself needs explanations. How takeh, how takeh is he משועבד? But you find it over there, the din here that an ערב is משועבד without making a kinyan or anything. Why? What is the reason for ערב? So basically, what we have to understand, how is the ערב משועבד to pay? And also, how is the woman טאקע מקודשת? She's מקודשת like the ערב, so we don't understand both. What's the reason? \"Can you hire, hire a ערב?\" Hire? How do you hire? How do you hire? You don't hire. The guy says, \"I'll pay,\" and that's it, and he's מחויב. And that guy goes and lends money to him, and he's מחויב to pay without a kinyan. But yeah, exactly. So our problem is how does it work? There was nothing that happened here to him, it's \"This is what I want to touch. It's a medium of money that they all agree, they all know it's...\" So, but על פי דין, just על פי דין, just by saying should be nothing. There must be something here. \"Did he מחייב himself like when you say I...\" Like I said, if I'm going to give you $100, how am I מחויב to give you? I'm just מחויב to keep my word, that's something else. That's that's a neder, that's something in the, but how Could you call me to din Torah? I promised you money, if I didn't make a kinyan, if I didn't do anything, so I said. that we have many different shitos in the Rishonim as pshat how the din of an ערב works. And since we could find it in different places, but simply we find it in Likutei Sichos, so why look for different places? We'll find it here. So here I'll read here, חלק כ\"ו, page 146. And it says like this: בנוגע an ערב בשעת מתן מעות, concerning the din of an ערב, zogt Rav Ashi. So we find the Gemara that Rav Ashi says like this in Bava Batra. The Gemara wants to know how does it work that an ערב without a קנין? First the Gemara wanted to say there, hava amina wanted to say that whether an ערב is actually משועבד to pay or not will depend on a מחלוקת whether אסמכתא קניא or אסמכתא לא קניא. An אסמכתא means when you give something, but it's not 100% that your דעת is there. אסמכתא is like gambling, right? Why is gambling no good? Because when I put my money down, and if you win you get it, I don't really mean to give it to you. It's an אסמכתא. So the Gemara wants to say if אסמכתא is a קנין, is enough, then an ערב is חייב. If אסמכתא is not enough, an ערב is not. And the Gemara says it's not true, because we פסקן אסמכתא לא קניא, אסמכתא is no good, and we פסקן an ערב is משועבד. Comes Rav Ashi, he says, you know how the ערב is משועבד? בההיא הנאה דקא מהימן ליה, with this הנאה that the ערב gets that the מלוה trusted him, גמר ומשעבד נפשיה. That הנאה is משעבד his נפש, is משעבד himself. That means, ובפשטות מיינט עס, וכמשמע פון כמה פוסקים, it comes out, and mainly this is the ריטב\"א שיטה. We're gonna have to we'll refer to this the whole time as the Ritva and the Rashba. They both hold like this, אז די הנאה וואס ער איז מקבל פון זיין מהימן איז גענוג צו אויפטון א משעבד נפשיה, that לפועל the ערב is getting something. The

whole question was the ערב didn't get, the ערב didn't get anything, so how is he משועבד? He did get! He gets hana'ah. Which hana'ah? The fact that he knows that that guy would not lend the money without me, so he trusts me, so I get pleasure. And so I received from him, so as if he gave me something, and he gave me something, and that causes my shibud that I am mechuyav to pay. You said that he wouldn't lend the money without me, but he still lent the money without me. Fine, but in this case, but in this case he trusted him, that's what it is. I just used I just used the lashon that he wouldn't lend, maybe he would, but he needs to know, in other words he trusted me. I said yes, he said okay, he trusted me, so I have hana'ah. Why is that such a roundabout way? It's hana'ah because the loveh got money. Nu, that's him, what hana'ah do I get for it? אז ער, וואס איז מיין הנאה? I have to get something. It could be made for hana'ah, if you helped... Yeah, this is not called hana'ah, I don't get anything, in other words... Why wouldn't everyone have such hana'ah? Good people have hana'ah... Here it's pashut a זאך, if that person trusted me... Make sure... Yeah, he gave me something. That hana'ah is basically שווה פרוטה. He gave me a perutah, that hana'ah is value. I would pay, you know, knowing that someone would trust me, I would pay for it. How is our original case with the woman any different than if she owed somebody money and she says, \"You pay my loan for me and with that I'll I'll be I'll be מקודשת\"? Who pay? I owe Shimon a hundred dollars and you pay Shimon... This is even this is even less than that. He doesn't even owe. This is even worse, I mean it's less case. No one owes anybody, and he just she just says, \"You want to give me money, give money to him.\" Right, but she has hana'ah from that. From what? From the fact that your... One second, that's we'll see, this is the same thing as an arev, actually it's the same thing, no? So that's what we're saying here, that the first shita holds that how does an arev become mesh'ubad? Because the arev gets hana'ah. אבער דער Nimukei Yosef, אין סיום המסכתא, זאגט אז דאס וואס משתעבד בלא קנין, that how does an arev become mesh'ubad without making a קנין, איז כיון דעל פיו הוציא מעות מתחת ידו. It's not so much the fact that I got hana'ah, but it is because of me he laid out money. און מיט מער הסברה זאגט דאס אין א פריערדיקע סוגיא, the Nimukei Yosef says it someplace else, in an earlier place: ואף על פי שאין שם קנין, אלא באמירה בעלמא, there's no קנין, באמירה בעלמא משתעבד ליה. The shibud comes from saying how? דמצי אמר ליה, the malveh could say to him, אימלא היית אתה, if not for you, לא הייתי מלוהו כלל, I wouldn't lend him. וואס דערויף שטייט אין Ravenu Gershom, סוף מסכתא, דמצי אמר ליה, he could say to him, אילא את, לא נפקי זוזי מתחת ידי, if not for you, I would never lay out the money. ולפי זה קומט אויס אז דער טעם וואס דער ערב איז משעבד נפשיה בלא קנין קען מען טייטשן אין צוויי אופנים. So here we have two ways to explain how an arev becomes meshubad: א', שיעבוד הערב, which is the second thing I gave you before, איז בעיקר נישט דערפאר וואס ער מקבל הנאה. The second way is not because he gets hana'ah. נאר צו דעם וואס על פיו הוציא מעות. The way he explains it here, it means the fact that I'm happy that this person trusted me so much, that he even laid out money. It's basically something from his side, and to me, it's special, and that causes me the shi'bud. The second way is, דער שיעבוד דער ערב טוט זיך חל בההיא הנאה דקמהימן ליה, מצד דעם וואס דער ערב איז מקבל הנאה. The other way is he can receives hana'ah, and because he receives hana'ah, he gets something. Basically, both of these are telling us, both shittot, that how does an arev become meshubad, is because he laid out money because of me. So I feel I get something from that, or I get hana'ah, I feel I get נאמנות, that the person even is ready to invest money because of me, spend money because of me. So I get something from it. So it's not that I'm meshabed myself by nothing, because he gave me something, I'm meshabed. This is basically the shittah of the Ritva, but in this shittah itself, we have the two parts here, whether it's because I have hana'ah, because he laid out money, but it's all because of that. That's one side of going. Then there's another shittah, the Tosafot Rid. The

Tosafot Rid says: how does an arev become meshubad? Because the money that the malveh gave to the loveh, the money that the lender gave to the borrower, because of the arev, is as if he gave it to the arev. Because he's giving it because of me. It's as if he gave it to me, and I'm giving it to him. So the money came to me. Exactly how it works, so for instance, in Yerushalmi we have it's a גדר of זכיה, that he, the Shimon, the loveh is taking it on my behalf, so it's as if he זוכה it for me. But the bottom line is that I got the money. So we have the two ways to learn here. One way is that the money, the hundred dollars that he lent, did not come to the, first other way, did not come to the arev. The money goes to Levi, to Reuven to Shimon. What did the arev get to cause the shi'bud? The hana'ah. The other way, the Tosafot Rid way is, that he got actually the money. That's what Tosafot says, not here, Tosafot is in Bava Metzia in two places. Mashma like that from the Rosh here in this Gemara. Not actually, but it's as if he got the money. It flowed through him, it's as if he got the money. Yeah. This is all the case where it's not written down, right? Same thing, it doesn't make a difference. If there was a שטר, well then that that you already get it, or... so, what difference? No. No, it's something.

Let's apply that to the case of kiddushin. Would be the same thing, because kiddushin we're saying is like ערב. That according to the Ritva and the Rashba, and as we'll see later the Rambam, how is he mekadesh her? He gave her hana'ah. Pashut, it's a very simple case. Reuven gave her hana'ah, and the Ritva says it very clearly: Reuven gave the woman hana'ah in the value of a perutah. She said to him, take the hundred dollars you want to give me for kiddushin, give it to Shimon. Comes later Reuven, and says to the lady: הרי את מקודשת with the perutah, the hana'ah that I gave you that I listened to you. So he gave her hana'ah, and you can be mekadesh an אשה with hana'ah. Just like by the ערב, what makes the ערב משועבד? The fact that the מלוה gave the ערב הנאה. According to the Tosafos Rid, and according to Tosafos, and according to the, with the Rosh, with what is he mekadesh her? With the hundred dollars! He pashut gave her a hundred dollars. The מעות, the hundred dollars. And we see takeh here, the Rosh here in our Gemara says, on this case, that when she says to him, give a hundred dollars, she says to Reuven give a hundred dollars to Shimon and I will become your wife, Reuven has to come, gives the money to Shimon, comes back to her and says to her, הרי את מקודשת לי with the מעות, with the money that I gave. Exactly like he holds. Yeah, but if a woman tells him... a woman tells him give it to... So here by the ערב also! Same thing! Same thing! The ערב is, the ערב says: I'm standing ערב, heist give him the money, if not, he wouldn't get. So the idea is he's giving, number one is giving to number two because of what number three said, that's all, על פיו. So that gives hana'ah, or it's not because of the hana'ah. So number three had some possession, right? No, that depends which opinion, no? According to the opinion of the Ritva and the Rashba that he never got the money, the אשה here never got the money, but she got hana'ah. If you get hana'ah, you're מקדש with hana'ah. According to the Tosafot Rid and according to the Tosafot in two places, according to Yerushalmi, according to the Rosh, she got the money. So he's מקדש with the money. Right, whatever, yeah. But as if she got the money. As if she got the money, the לשון is כאילו הגיע הממון לידה. And he's מקדש her with the money. Seems to be very clear here that there are... Two clear שיטות on the two sides. What did you have you said in the beginning, he bought it and he couldn't No, she said He bought it by She said She said, no, she says if you if you give the money I will become מקודשת to you. But that's not enough for kiddushin. He has to give it and has to say הרי את מקודשת. See, Rashi says that when he gives the money to Shimon, he has to say to her be מקודשת to me. But Rashi doesn't say with what. So in Rashi, you could, you don't know whether he is מקדש with the hana'ah of it that she's getting, which is a perutah, or מקדש her with the money, doesn't say. But the Rosh says very clear, הרי את, you have הרי את, he says בממון שנתתי לפלוני בגללך. Okay. Does it come out that you get at the end of all of that that Rashi had it clear what Rashi meant and nobody's not saying it? No, no. Rashi doesn't get into it here. Why doesn't Rashi get involved? Nafka mina is if he's giving less than a perutah. Yeah, although what kind of the hana'ah is also less than a perutah. Hana'ah and the ממון is less than a perutah? I doubt it, I doubt, where are you going to have? Hana'ah should be more than the whole money. What's the hana'ah? She's happy that we said She's happy that this guy trusted her. Not only with trust, that she's happy that her will was done. A person is happy when I asked you to do it and he did it. That gives her pleasure, and that pleasure is worth a perutah. The the Ritva says it clearly that the hana'ah is worth a perutah. Comes the Pnei Yehoshua here and the Pnei Yehoshua asks a kushya on the Ritva. He says, if the peshat is that he's mekadesh her with the hana'ah that he gave her, why do we have to learn it out from an ערב? We learned in the whole Gemara קידושין that you could be mekadesh an אשה with a perutah, with any hana'ah of a perutah, it's as a din. If a woman says to a man, you know what, he was a singer, to go to listen to his concert you pay $10, you know what, sing for me and I'll be mekudeshet. She's mekudeshet! Because he gave her hana'ah in the value of a perutah. It doesn't have to be cash or an object, you could give hana'ah worth of a perutah. Seems simple, the only way, the only reason why we have to go to ערב is because that's how we know in this situation hana'ah you get hana'ah. No, no, everyone knows you got hana'ah in an ערב. It's not that this situation is this tells you in this situation it's hana'ah, it's מדין ערב, we're saying it's מדין בטעם הדין of an ערב. In other words, it's telling you a din, not telling you that it's hana'ah. The din of ערב. And the reason for ערב is hana'ah, so the reason here is also hana'ah. But if it's the reason of hana'ah, he asks, he doesn't have to say. What? Well, what do you mean, like? She didn't give him the money, somebody else did. No. So he comes up with a new peshat. It's a different peshat. Pnei Yehoshua, he says that what the Gemara is trying to tell us that she is an arev. It's not that it's a din comparison to an arev, she is an arev. You know why? When she says to him be, give him the $100 and I'll be מקודשת to you, let's look at it. What would be if she would not be מקודשת? What would happen? He goes and gives the money, and she's not מקודשת, what would be? She owes him the $100, right? So she basically took responsibility for $100. How does she get rid of her responsibility? By becoming married and that will take place. So the hana'ah she has from the fact that now she took off the responsibility of $100, that's the hana'ah you get. So that's not that's not a regular hana'ah, that we don't, that's hana'ah that we'd have no So that's no, we don't have to learn it out from an arev, all the Gemara is telling you she is an arev. And since she's an arev, there is hana'ah that an arev gets when he doesn't have to pay up. It's a different, it's not the hana'ah of trusting like the Ritva says, it's the hana'ah that imagine an arev doesn't realizes he doesn't have to pay. The לוה comes and pays, uff, Baruch Hashem, I don't now I was worried I'd have to pay. That's hana'ah. She gets that hana'ah, and she is an arev, that's all he says. So that's a very good answer. The problem is that's not what the Ritva says. What we have to do, for for it's a good peshat, okay the Acharonim says a peshat like that, but how do we answer the Ritva? That's what we need to know. How would the Ritva learn? Then there's another thing here. The Machaneh Ephraim asks a kushya. The Machaneh Ephraim asks a she'eilah that the Ritva contradicts himself. That the Ritva in Eizehu Neshech says that the reason for an arev says is because the money came to him. He doesn't mention hana'ah there. Says it's the money is that the reason is because the money came to him. That's what we're saying the whole time, like Tosafot says, no? If the guarantor is, you, if Reuven gives money to Shimon Tosafot Rid, Tosafot Tosafot Rid says that. No, so no, that's the kushya. That's a setirah. It is a contr- he asks that we find in Eizehu Neshech where the Ritva says clearly, בנוגע לדין of an arev, he says that the din of an arev is because the money that Reuven the loveh the malveh gives to Shimon the לוה כאילו הגיע

לידו is the kinyan. So he asks that kushya, so it seems a contradiction. How does the Ritva learn? The emet is there is a contradiction in the Rashba in self, the Rashba also. The Rashba in our Gemara says exactly like the Ritva, and if you look later on דף ח׳ and you look into his words, he says concerning an arev, it's ke'ilu the money got to the arev. Which would seem according to this that how are you mekadesh the isha which is similar to the arev, it is because of the money, the maneh that she got, it's not because of the hana'ah. And here it says hana'ah, so here we have to What you could answer, the truth, the Ritva holds you need both. The Ritva holds that the way she becomes mekudeshet and the same thing by arev, is because of two inyanim. And this would be like this. The real the way he becomes meshubad, the arev, or the real way the isha becomes mekudeshet is through the money, ke'ilu she got the money. The problem is that it looks like an asmachta. Since, after all, there is no cash changing hands, meaning she never got the cash, so it looks almost like she's doing only an asmachta, it's not a real kinyan. To take away the problem of an asmachta, you add the word that there is hana'ah which is worth a perutah. So that's why So really his shita is like the shita of Tosefot Rid, like the shita of Tosafos. In other words, even the Ritva will hold like that. And that's why over there in his Eizehu Neshech, and the Rashba later on say that ke'ilu you got the money. They're only saying here that מקדש with the that you need the hana'ah of the perutah to get rid of the asmachta. But that's a hard answer. A tirutz to say. Because if you look in the lashon of the Ritva, it's mashma that he says that this is part of the kidushin. According to this, the kidushin really is the $100. This is just that there is no asmachta. Seems from him that this is also included that we need this in order for the kidushin to take place. We need this to happen, which doesn't seem to be fit to his lashon. So we're back to the she'eilah that there is a contradiction in the Ritva. Here he says the reason because of hana'ah, here he says the reason is because of the money that he got. Could it be either/or? So why, I mean, either/or Why should it be either/or? You know, you know it could, you can either Well, I'll ask you a kashya better. If

we're going to learn this pshat, we have another problem. This one. Why do we need the money? If there is a hana'ah here, If there is a hana'ah here worth a perutah, so why do we need to mechalek say that you're מקדש with the money? So be מקדש with the hana'ah with the money, with the hana'ah which is value of a perutah. Why does the the Ritva have to learn that you're מקדש with the money, and then we have a problem of asmachta so we add this hana'ah? Go directly to this hana'ah, and this hana'ah is good enough. If you get hana'ah, and hana'ah is a perutah, you're מקודש. So why do we need to have to go to the whole thing if this is how we're going to learn pshat in the Ritva? I'm saying you say either/or, so let it be just this. That was the she'eilah before. What? That was the she'eilah before. The the It's like the same. Why it's though is a little bit Right, right. That was the pshute kashya under it. Right. Well, and it's what we've talked about originally. Right, yeah. And the פשוטע קושיא, it's one kashya. Then we said there's a contradiction between the two, so we wanted to answer that he holds we need both. So the question, if we need both, so the here so I'm saying it's not mashma like that. But besides that, what's wrong with the hana'ah? No, not only See the פשוטע קושיא was, if it's hana'ah, why do we need to come learn out from ערב? That's the פשוטע. Why do we need that's a דין בעצם. Now I'm saying, money however you learn it out, but let's say you have to learn it out from ערב, but why don't you stick to the hana'ah? Why do you need the money for if the hana'ah is hana'ah? You get the hana'ah from the money. No. Because of the money. Because of the money, but we're saying not after We're saying that you're מקדש with the money. That the money goes to her. The money is not It's as if you're saying הרי את Not as if, you have to say הרי את מקודשת לי with this money. Why do we have to do that? Because there was really, it didn't get to her בפועל. She never got it in her hand, so it should not So, it means that That no, that means that da'at, the סמיכת דעת is not there. You're not sure that she the mind is there, that's called asmachta. That's why there's no סמיכת דעת. There's no da'at there. So, here there is da'at, because that's something that she feels she got. So stick to that and only to say that. Why why do we need both? Then we look at the Rambam. And

we'll see, how does the Rambam learn? Rambam הלכות אישות פרק ג׳ We'll see in a minute. We'll see what he says. Yeah, that's right, I said it. Exactly like the Rosh which is The the Rambam, I said, \"Haku\"? What did I say before? Not like the Rosh. No, I said not like the Rosh. הלכה כ״א. הלכה כ״א. האשה שאמרה פרק ג׳ הלכה כ״א. האשה שאמרה The woman says תן דינר לפלוני מתנה. That's to a man. Give a דינר, it doesn't say a מנה, a דינר, whatever, to פלוני, to some person, a מתנה, ואתקדש אני לך, and now become מקודשת to you. ונתן, and he gave, ואמר לו, and he said to her, This guy gave, and after he gave, he said to her, הרי את מקודשת לי בהנאת מתנה זו שנתתי על פיך, with the הנאה of the מתנה that I gave because of you, because you asked me to, הרי זו מקודשת. And then he continues, אף על פי שלא הגיע לה כלום, even though she didn't get anything, but harei nehenet she has הנאה ברצונה שנעשה, that her ratzon was done. And then he adds, ונהנה פלוני בגללה, and that that other guy got hana'ah because of her. I mean the guy who receives the money? Yeah. So it's hana'ah. She had hana'ah? Why is she getting married? But we look at the Rambam. How does the Rambam learn? Hana'ah, like the Ritva. That's why he starts off. She's נהנית ברצונה שנעשה, she's nehenet with the ratzon that her ratzon was done. That's the hana'ah she got. The guy listened to her. What does he want with the words that he adds, ונהנה פלוני בגללה, and that that person had hana'ah, got something because of her? So, the pshat is, what some want to say is, this is just to add to the hana'ah. You know, what kind of hana'ah is she getting? No, that's her hana'ah. She got hana'ah so much that it's brought because of her somebody had hana'ah. So, number one, she, her ratzon was done, and number two, somebody got hana'ah, so that she enjoys that, that somebody gained because of her. And that is that a woman gets hana'ah just from the fact that because that money changed hands, even though she didn't get the money, She becomes married. She becomes an אשת איש. That's not the hana'ah. No. A woman would rather be married than not married. So then you don't have to give her you don't have to make it give anything to a woman because she's married. What are you talking about? You walk up to a woman and say, \"I want you to marry me.\" She says, \"Okay.\" She's married because she she's getting married? The marriage itself could be the hana'ah? You need to give her hana'ah in order that that should cause the marriage. So what are you saying that the The money caused the marriage. Right, so you have to give her something. Right, but here the money didn't do anything. The money didn't go to her. The money went to so how is the money cause the marriage? It doesn't say here. It says the hana'ah causes the marriage. And the fact that that person had hana'ah. He's mashma from the Rambam here that he holds hana'ah, but he adds there has to be it looks like it has to be a type of hana'ah that another person gains by her. But why? Some want to say that the Rambam, by adding this, comes to tell you that it's not enough that she has hana'ah that her will was done. It has to be in a way that somebody else has pleasure. The mashal, if she would tell a guy, \"Take a dollar, throw it in the river, and I'll be מקודש to you.\" Would she become מקודש? Well, if you just say נהנית ברצונה שנעשה, that she has This guy gave her hana'ah, he did what she wanted, then she would be. So the Rambam adds ונהנה פלוני בגללה, that's not would be that wouldn't be good enough. You have to do it in a way that somebody else has. But the question is where does the Rambam get it from? Why not? What's wrong with hana'ah? As long as her will was done, that gives her hana'ah, so it should be enough. Why would this be? Where does the Rambam take it from? What's the סברא behind it? Who cares? She has hana'ah, no? She has hana'ah that he has hana'ah. Like, by the sleeping in the Sukkah, you have tza'ar that this you have tza'ar, why you don't have tza'ar? Yeah. But from this money, נהנה פלוני, that that person got הנאה בגללה. It's משמע not like that. And the question is, what are the two things the Rambam is trying to say here? The

Rambam says two things here: that the reason it's good is because she has hana'ah that her רצון was done, and that another thing is נהנה פלוני בגללה, that the other person got hana'ah because of her. Okay. She has hana'ah that the other guy has hana'ah? I'm not reading because if the Rambam would mean that, he would say שנהנה. It doesn't say נהנית ברצונה שנעשה שנהנה פלוני בגללה. She had hana'ah because and what happened to be her hana'ah that somebody had hana'ah. The Rambam says, ונהנה. הרי נהנית ברצונה שנעשה ונהנה פלוני בגללה. I don't know that she had two hana'ot. There's the hana'ah that she had that her will was done, and that person had hana'ah because of her. Who care about that person? Who care about that person? Exactly. So, yeah, I I don't care about that person. Exactly. We're trying to figure out peshat in the Rambam. Yeah. Yeah, yeah, exactly, though. Okay. So what would you say peshat? See here we had one place where the שיחה is based חלק כ\"ו where he talks about ערב. Then we have another place where the Rebbe talks about the גדרים of ערב. What about? גדרי, גדרים ענין דע. הגדרים. חלק ל' page 216. שיעבודא של ערב יש לברר בשני אופנים. The shi'abud that an arev has that he has to pay, the Rebbe says you can explain in two ways. Number one, השיעבוד שייך רק להחוב. דמשעבד נפשיה לשלם חובו של הלוה. An arev is a person that is mesh'abed himself to the loan, to the debt, that I will pay his debt. So the shi'abud I have is to the debt. And since I have a shi'abud to the debt, I have to pay the debt. ב', the different way, הערב עומד במקום הלוה, it's not to the debt. I, as far as this inyan is concerned, I take his place of the of the loveh, the borrower. ולכן שיעבוד הגוף שעל הלוה לשלם החוב... והחיוב הזה חל על הערב. עומד במקומו. The reason I have to pay is because I'm instead of him. Well, good, but the

Rebbe at the bottom says if so, why do you go to the arev first? So he says it must be like a condition in arevut, but not מעצם תנאי, it's not the עצם דין of arevut. Because the עצם דין of arevut, you mamash could come to him, he's in his place. So comes out the second way is that what happens here is that the arev is now the loveh. And since the loveh got the money, so he is in his place and he got the money. And the Rebbe continues, יש להוסיף ביאור, how does it takeh work that he takes his place? Mimela if you say he's mesh'abed to a chov, so good, I'm taking over, I don't feel the money. How does he become, how does the arev become, Levi become Shimon? So he said it's connected to the general din of כל ישראל ערבים זה בזה. We have an halachah that all the Yidden are arevim. Arevim means we're all responsible one for another. Where does it say this din? It's לגבי ברכות. It says if a person is mechuyav to do a mitzvah and has to make a berachah, so another Yid can make the berachah for him, even if the other person doesn't have to be mekayem the mitzvah. אינו מחוייב בדבר. A person who heard shofar already, but he fulfilled his mitzvah. So now he doesn't have to do the mitzvah anymore. Another yid has to hear shofar, he could make the berachah for him. Now the question, how could I make the berachah when I'm not going to do the mitzvah? So the answer is, כל ישראל ערבים זה בזה, that's called aravut, we're all arevim, and therefore the chiyuv that he has falls really on me, it's as if I'm mechuyav. All conditions. All conditions. Yeah. You

make kiddush for someone, then someone makes it for your wife again. That's because kiddush because it's it's so בורא פרי הגפן means in the morning, Friday night. Okay, yeah, yeah, someone who is mechuyav, you can make the berachah for that other person even though you're not mechuyav in that berachah. Rosh Hashanah shofar, תקיעת שופר. Okay. And he brings here that החיוב שעל חבירו חל גם עליו, עד שגם הוא נקרא מחוייב בדבר. כמו כן בענין חיוב ממון, the same thing by money, because of this din of aravut that כל ישראל ערבים זה בזה, חיוב תשלומין שעל הלוה, this that a loveh has to pay, חל על חבירו הערב, goes on the arev, ke'ilu as if he borrowed the money. But not because of the money, because he became in his place because there is a כלליותדיקע דין of aravut. Now the Rebbe says, al pi zeh you could explain the two shitot. We said there are two sevarot to say whether all he does is he takes the responsibility of the debt or he takes his place. And he goes on to explain: this inyan of כל ישראל ערבים זה בזה is not a גשמיותדיקע זאך. It's something that has to do with the neshamah, with ruchniyut. We're not talking chasidut here, but in halachah, it's ruchniyut, it's mitzvot. Therefore לגבי רוחניותדיקע ענינים of doing mitzvot, the concept of כל ישראל ערבים, that we're all areivim, fits. Can this apply also to גשמיות? And that's what the machloket is. The one opinion that says that when you are an arev, you take his place, holds, yes, that even in גשמיות there is such a thing as you being an arev for him and becoming one with him. And therefore this is the pshat ערב. The other one says, no, in ruchniyut it's shayach because it comes because of the neshamah. To ממונות, to money, there is no such thing as areivut. You can't be an arev this way. Huh? Then it's a special din that you can take over his debt, that everyone could take over his, the debt, but that's what you know. Okay. This is the two sides, this is the machloket here. Huh? Yeah, yeah. Money is money, and the neshamah is, so you can't do it. The other one says it is. The machloket here is afilu if you hold This I talked so far about what it what it says in the sichah, now I'm adding to it. Afilu if you'll hold like this opinion that says that there is a כל ישראלדיקע דין of ערבים זה בזה that applies to the money, it definitely is different than the ערבות נוגע לברכות. Tell you a simple thing: by berachot, every time a Yid is mechuyav to make a berachah, the other Yid could make for him because as if he's mechuyav. We don't say that every time someone owes money, everyone every Yid is mechuyav to pay for him. Why didn't you say it? You call that ערבים זה בזה. And if you're going to tell me it applies to ממון too, so you should everyone should have to pay everyone's debt, it doesn't mean that. So what's the pshat? The pshat is that נוגע לברכות, רוחניות, it's bagalui, so to speak, this areivut. When it comes to money, the machloket is, one shitah says it's impossible for you to reveal that this areivut of all the Yidden should apply to the money, it's just too far away. And the other one says you could do something to reveal it. Doesn't mean that it's be'etzem there. By the berachot, by ruchniyut, by mitzvot, בעצם it's there. But when it comes not to mitzvot, when it comes to mamon, when he says you could take his place, not בעצם. Like by brachot you don't have to do anything to to be Here you have to do something, something has to be there to connect you. And when there is this connect You are, but you are able to connect. לפי זה, I want to say this pshat, that the Ritva and the Rashba and the Rambam hold like the second opinion, that says that the pshat is that you take over his place, and the pshat is that you are מגלה this כל ישראל ערבים זה בזה, but you have to do it. So it comes out that in order to be responsible, to be משועבד to the מלוה, two stages have to happen here. One thing is that you have to do something that will connect you and make an ערב, because בעצם it's not בגלוי, really. It's not like by mitzvot, here you have to do something. Then, after you do it, then you're in his place. Now, if you got the money, if he gets the money, it's like you got the money, that's the second step. So you need two things here. And I want to say these are the two things here. And both are in here, that's what the Rambam writes. The Rambam when he says, why is she מקודש? So he says, because נהנית ברצונה שנעשה. Number one, she has hana'ah that her will was done. That is not enough to be מקדש. That brings out that now you're able to be in that place. And נהנה פלוני בגללה, the second thing is that's the kiddushin. The kiddushin is that that person neheneh, which means got the money, בגללה, because of her. Since he got the money because of her, it's as if she got the money. So the second part is what Tosafot, Ritva says and the Tosafot says and this is what the Rambam holds, that so it's the opposite of what we said before. It's not that the Rambam holds that the reason you're she is מקודש is because of the hana'ah. She is מקודש because of the the hana'ah that that person, because otherwise you ask, who cares that the other guy had hana'ah? Again, the whole thing that the other guy had that hana'ah, which means he got the money, בגללה, because of her, that's the kiddushin. But in order for that money that he got to be should make you responsible, you have to bring out the the the the ערבות. That's the first thing, נהנית ברצונה שנעשה. No, no, no, no, no. First part is the גילוי, the second one is the kiddushin. That, that, because the Rashba and the Ritva I want to say they go together. The Rashba and the Ritva both say in one place that you're mekadesh her because of the hana'ah that's worth a perutah, and the other place he says because he got the money. It's both. You need the hana'ah and it has to be worth a perutah, because if it's not a perutah it's not even called hana'ah. So you need hana'ah, so that makes you שייכות to be arev. Then you say, since now she is in the place of that guy, so when that guy got the money, she got the money, she's mekadeshet herself with that money. So that's what happens. There's another This is the reason This is the reason why the Rambam says an interesting lashon. If you're going to learn simple peshat in the Rambam, that you're mekadesh her with the hana'ah, so what would the Rambam I'd write the Rambam, I'd write the first words differently. The Rambam writes, why is she mekudeshet? אף על פי שלא הגיע לידה כלום, she got nothing, הרי נהנית ברצונה שנעשה, she has hana'ah that her will was done. The main point is that he gave her hana'ah. That's the whole idea. How is the man, Reuven mekadesh her? Because he gives her something, he gives her hana'ah. You know what he should have written? הרי נהנית ברצונה שעשה. He should have said that he did her will, and she from that that he gave her the will, has hana'ah, so he's mekadesh her with that. Why does he say ברצונה שנעשה? It's done. To stress this point: that it's not that he's mekadesh her because he gave her hana'ah. The hana'ah here is done. It's a general thing. She doesn't even feel here the point that it's this guy who wants to marry me gave me hana'ah. That's a general hana'ah which mimela brings out the fact that she becomes the גילוי of the ערבות. That's the first thing, ברצונה שנעשה. And נהנה פלוני בגללה, now the other guy got the money because of her, so she got the money, and that's how he's mekadesh her. Right, right, you wouldn't need it. So this

answers both kashyot, the Pnei Yehoshua's kushya, and the Machaneh Ephraim's kashya. The Pnei Yehoshua's kashya is answered Because this is not because hana'ah. His kashya was, if you're mekadesh with hana'ah, why do you need a arev? Everyone knows you're mekadesh with hana'ah, cuz you're not mekadesh with hana'ah. And you can't be mekadesh, this is hana'ah that she doesn't even feel that he's giving her hana'ah, it's just הנאה כוללת, שנעשית, not שעשתה. And then you're mekadesh her with the second one. So this is how to answer these two she'elot. So this is one way we could explain it, based on this other sichah. Give me a few minutes. Then there is another way you can explain it. And that's the Rambam, with another diyuk in the Rambam. Funny thing is that the Rambam, when he writes ונהנה פלוני בגללה, that's like this, that she had hana'ah that her will was done, and that other person had hana'ah because of her. Why does the Rambam use the lashon the other person had hana'ah? What should the Rambam have written? That her she had hana'ah her will was done, and the other person got a hundred dollars! And the guy could've said, ופלוני קיבל דינר, or קיבל דינרים, like why does he mention the word hana'ah? Hundred dollars could be worth more than hana'ah. More than hana'ah? Okay, Rambam has dinar, but why mention yeah, if the word hana'ah is not. So I want to say there is another Ritva, which seems to be saying another vort. The

Ritva says in a different place, he writes like this: If a man made a neder, the Gemara says, if a man made a neder that for thirty days he אוסר הנאה of his property for his wife. First, is able to אוסר הנאה of your things to somebody, his wife shouldn't have hana'ah for thirty days. Now she doesn't have any food to eat, what's he going to do? He can't give her any food. So the Gemara says, first the Gemara thinks say, let him go over to somebody and say to somebody, you know what, you feed her, and I'll pay you. Ah, the Gemara says you can't do that, then the guy is a shaliach. So he says, like the Gemara says, he goes around and see hears see somebody, he says, anybody who is going to feed my wife, don't worry, you will not lose. So then that guy could go and feed, and then he is going to pay that guy back, and it's not called, ah? Like workers on Shabbos. He doesn't have an obligation. Okay. Certainly. Comes the Ritva, and the Ritva taytsh this, this is only if he says בכלל, anybody who will feed her, don't worry, you won't lose. But if he walks over to an individual and says, you know, if you will feed my wife, you won't lose. He says, that's no good. Says why? Because then, this is the words he says, when the guy does feed his wife, he is responsible to pay him back. So that guy is like his shaliach. Now if we start analyzing this, what kind of title does this man, husband have if he would do that? He'd be an arev, that's all he is. He tells the guy, if you're going to feed her, it's like it's a guarantee, I will pay you back. He's like a What? Hataytsh is if he says anybody will, no one could come and claim from him, he doesn't have to pay. If he doesn't want to, he doesn't have to pay. The guy just trusts him and he'll pay. Here he has to pay. So and he says, and that's no good, because he's an arev, and therefore it's as if that guy is a shaliach. So what this comes out here? That he says that the reason for an arev is a new thing, shlichut. The arev is a pshat that the loveh is a shaliach of the arev. What is the pshat here? He didn't make him in a shaliach, it's a new geder? So I want to say like this, just bekitzur nimratz. That we find in other places that here's an example: אין אדם אוסר דבר שאינו שלו. A person takes somebody else's thing and like if there's an object, a a stone, and bows down to it for avodah zarah, that object will not become asur as avodah zarah because a person cannot oser somebody else's thing. Now why can't a person oser somebody else's thing? Why not? If you do it to his own, it's avodah zarah, to somebody else's is not. So the ביאור it says is like this: We're not dealing here with doing something physical. Because if you do something physical, if it's yours or not, it makes no difference, it makes it asur. For instance, if I will take your milk and your meat and mix it together, so well, אין אדם אוסר דבר שאינו שלו, it's not mine, I can't make it asur? Narishkeit! It's only things which have to do with kavanah. When my kavanah, my machshavah has a change, it can't do it on somebody else's. In other words, like this: a maaseh made makes no difference if it's mine or yours, the fact that I'm taking this and breaking or doing something to it has a hashpaah to change it. Or even machshavah, if the thing is mine, then if I think something about it, that could be a halachah, that my thought about my object can make it to a change. But if the thing is not mine, and I didn't touch it, so I have nothing to do with this, then what how does my machshavah have an effect? And that's the din. Therefore, you can't oser it, because and it's all in machshavah. That's by avodah zarah, cuz by avodah zarah, what makes something avodah zarah? It's not the maaseh only. You have to have kavanah. If a person will bend down, that makes avodah zarah? If you have machshavah that you're bending down because of avodah zarah, that makes that's avodah zarah. So it's machshavah The bottom line here is, this is the nekudah, that something that has no kesher to you, not because, because it's not yours, and you didn't touch it. You're sitting back, what, by remote control? I mean, how is that going to work? So therefore it can't, so you can't aser it. And then a lot of details isn't like that all over. The Brisker, I have a major problem aside with the דין ערב and aside with the din of the kidushin here.

Listen here, to start understanding what's happening here. א מוזר'ע זאך, very strange thing. Reuven is doing something with Shimon, and the woman becomes מקודשת. How does she fall in here? Because she said. No one gave her anything, she didn't give anybody anything, and all of a sudden, she finds herself married. What kind of connection does she have here? Reuven gave money to Shimon. So she said, so? So who cares? But she designated, but it's only speaking, so she said.