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What transforms a woman into an "isha" — a wife — according to the Torah (תורה)? The shiur demonstrates that kiddushin is not itself the mitzvah (מצוה) but the necessary context for nisuin. Drawing on Rambam (רמב"ם)'s Hilchos Ishus, the shiur distinguishes between pilegesh (relationship without responsibility), kedeisha (promiscuity), and true marriage, showing that kiddushin creates the framework within which living together becomes halakhically sanctified nisuin.
This shiur presents a comprehensive analysis of the opening of Masechta Kiddushin 2a alongside the Rambam (רמב"ם)'s Hilchos Ishus chapters 8-9, offering a fundamental re-reading of what kiddushin accomplishes and what constitutes marriage in Jewish law. The shiur begins by examining the Rambam's historical introduction to hilchos ishus, where the Rambam describes that before the Torah (תורה) was given, a man would bring a woman into his house (machnisah lebeiso), live with her, and she would become his wife. Rabbi Zweig asks: what is the significance of this "bringing into the house"? Why does the Rambam emphasize this particular detail? Furthermore, the Rambam rules in Hilchos Melachim that either party in a non-Jewish marriage can terminate the relationship by leaving — yet how can someone who is "property" terminate ownership? This apparent contradiction frames the entire discussion.
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Kiddushin 2a; Rambam Hilchos Ishus 8-9
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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.
