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When does a mother's chazakah help her daughter (ches kasah mahani labas)? The shiur analyzes Tosfos on the distinction between cases where we don't know the father's identity versus where the father is a safek. The Chasam Sofer's novel position that even after beis din validates the mother's status, her future children can still be safek chalalim.
This shiur explores a fundamental question in hilchos kehuna regarding when a mother's chazakah (presumptive status) can help establish her daughter's kashrus for marrying a kohen. The Gemara (גמרא) discusses the principle of 'ches kasah mahani labas' - that a mother's chazakah should benefit her daughter - but shows cases where this doesn't apply. Rabbi Zweig analyzes Tosfos who distinguishes between different scenarios. In the classic case of 'manda machshir ba machshir bebita,' we don't know who the father was, so the mother's chazakah can establish that he was kosher, which benefits the daughter as well. However, in the current sugya where we know the father is a safek (possibly a challal), the mother's chazakah cannot help establish his status - we know he's questionable.
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Kesubos 14a
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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.
