Chagigah 5b: כל השח שיחת חולין עובר בעשה

Chagigah 5a: The Fire of Bein Adam L’Chavero

Rav Chaim Shmuelevitz zt"l teaches that even when we hurt someone l’shem Shamayim, the pain still burns like fire. Through the story of Chana and Penina, we learn that good intentions cannot erase the consequences of causing another person hurt.

Chagigah 4b: Geder of the Petur of Eved from Reieah- the famous shtickel from the Brisker Rav P2

Chagigah 4a: Geder of the Petur of Eved for Mitzvas Reieah- the famous shtickel from the Brisker Rav

In 1766, a young groom in Germany gave his wife a get just days after their wedding. Was he mentally competent — or a shoteh as defined in Chagigah 3b–4a? The answer split rabbinic Europe, with the Frankfurt beis din on one side and the Noda BiYehudah on the other. In this episode, we trace the dramatic story of the Get of Cleves, unpack the Gemara’s definition of a shoteh, and explore how a centuries-old sugya became the deciding factor in one of the most famous halachic controversies of all time.

Chagigah 3a: Do you have to be Oleh LRegel by Foot?

Chazal gave a cheresh — someone deaf and mute — the status of a shoteh, exempt from mitzvos and unable to marry, divorce, or transact normally. But what if, through modern education, he learns to communicate or even speak? Some poskim, like the Divrei Chaim and Maharsham, say this could change his status. Others, like the Maharam Shik, say the chazakah remains. We’ll explore the sources, the debate, and why real estate remains a unique exception.

The Mishnah teaches that *hakol chayavin b’ri’iyah… chutz mei’cheresh shoteh v’katan.* But what does that mean for mitzvos *lo sa’aseh*? Are they completely exempt, or do we treat their actions differently?

In this episode we’ll look at how the Gemara frames the issue — *chiyuv cheresh shoteh v’katan b’mitzvos lo ta’aseh* — and how the Rishonim understand whether there’s an *onesh* or not. Do their actions count as a ma’aseh? Is there any punishment or consequence?

We’ll explore the sugya step by step, keeping the questions open: are they totally *patur*, or is there a nuance between *aseh* and *lo sa’aseh*? Join us as we unpack this classic halachic discussion.

Moed Katan 29a: קטן שהגדיל ודין תשלומין בהבדלה

Moed Katan 28b: גדר מצות שמחת יום טוב