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How does zechiyah (acquiring on someone's behalf) relate to shlichus (agency)? The shiur develops competing approaches - whether zechiyah works through an implied agency arrangement, or functions as a separate Torah (תורה)-granted power. A katan's inability to appoint an agent but ability to benefit from zechiyah becomes the test case.
This comprehensive Gemara (גמרא) shiur explores the fundamental relationship between zechiyah (acquiring on someone's behalf) and shlichus (agency) through detailed analysis of Tosafos (תוספות)' two approaches on Kesubos 11a. The shiur begins by reviewing Tosafos' first approach: zechiyah works through 'anan sahadi d'avid d'shaliach' (we assume he would want to act as his agent), requiring actual appointment of an agent. The second approach holds that shlichus itself merely requires giluy daas (revealing intent) - any situation where someone wants something done allows another to act as their agent. Rabbi Zweig then introduces the Ketzos HaChoshen's novel third approach: zechiyah functions as shlichus but without requiring minui shlichus (formal appointment). A katan cannot make formal appointments but can still benefit from zechiyah since no active appointment is needed - someone else simply acts on their behalf. This distinguishes zechiyah from regular shlichus while maintaining their connection.
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Kesubos 11a
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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.
