Kiddushin 5b: Safek Kiddushin – Chezkas Pnuya as Psak Din vs. State of Limbo

This shiur delivers a comprehensive analysis of Kiddushin 5b, focusing on the Rif's position regarding safek kiddushin and the concept of chezkas pnuya. Rabbi Zweig opens by presenting the Ran's fundamental question on the Rif: in our sugya, when a man gives a woman money (nasan hu) and she declares herself betrothed (ve'amra hi), the Rif rules it is a safek kiddushin requiring only a get miderabanan. This implies that midoraisa she is considered single (pnuya). Yet later, in discussing cases on daf 8b—where there is uncertainty about whether money was given on her rock, his rock, or a jointly owned rock (sela shel shnayim), or where a dog is chasing her—the Rif rules that these are safek kiddushin requiring a get midoraisa. The Ran finds this contradictory: if safek kiddushin means we apply chezkas pnuya as a safek issur lechumra derabbanan, why in the later cases does the Rif treat it as a safek midoraisa? Rabbi Zweig proposes a sophisticated solution rooted in distinguishing two fundamentally different types of doubt. He explains that nasan hu ve'amra hi, as understood by the Bahag, represents a safek b'metzius—a factual uncertainty about the man's intent. When a man gives a woman money without declaring it is for kiddushin, and she unilaterally declares herself mekudeshes, we genuinely do not know whether he intended marriage or merely a gift. His silence (shtika) does not constitute agreement (shtika k'hoda'ah) because she is attempting to define his action; he has no obligation to respond to her interpretation of what he is doing. This is a true doubt about whether a maaseh kiddushin ever took place—whether the parties meant to effect a marriage at all.