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How does the Gemara (גמרא) learn that marriage can be enacted through kesef (money)? The shiur analyzes the kal v'chomer from Amah Ivriyah, showing that Rashi (רש"י) and Tosafos (תוספות) understand its structure fundamentally differently—one focusing on the strength of the kinyan, the other on the difficulty of creating the relationship. Each approach yields distinct readings of the Gemara's challenges and answers.
Rabbi Zweig examines the sugya on Kiddushin 4b that learns kinyan kesef (marriage through money) from a kal v'chomer involving an Amah Ivriyah (Hebrew maidservant). The Gemara (גמרא) presents a kal v'chomer: If an Amah Ivriyah, who is not acquired through biya (relations), is acquired through kesef, then an isha (woman), who is acquired through biya, should certainly be acquired through kesef. The shiur explores two fundamentally different approaches to understanding this kal v'chomer. The first approach, attributed to the straightforward reading, understands that we are proving that kesef is a stronger kinyan than biya. Since kesef works by Amah Ivriyah (where biya does not work), this shows that kesef is the more powerful mode of acquisition. Therefore, by an isha, where biya already works, kesef should certainly work. This reading focuses on the relative strength of the kinyanim themselves.
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Kiddushin 4b
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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.
