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Why does the Rambam (רמב"ם) rule that a minor who commits adultery is forbidden to her husband while a bas mi'un is not? The shiur argues against the Maggid Mishna's approach, suggesting the Rambam sees only one safek: whether the woman betrayed her husband. This reframes the entire concept of onus in eshes ish cases.
This shiur analyzes a fundamental question in Hilchos Eshes Ish regarding the Rambam (רמב"ם)'s position on when an adulterous woman becomes forbidden to her husband. The discussion centers on the Rambam's ruling that distinguishes between a ketanah (minor) and a bas mi'un in cases of adultery. The Maggid Mishna suggests that the Rambam doesn't hold of shnei onus echad (two uncertainties that combine), which is why he rules stringently in cases where there might be multiple safekos. However, Rabbi Zweig challenges this interpretation and proposes an alternative understanding of the Rambam's position.
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Kesubos 9a
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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.
