A free account is required to play audio and download files.
No community start suggestion yet.
When a man betroths a woman saying "Here is one dinar, you will be betrothed once I complete the hundred," is this a conditional kiddushin that takes effect retroactively, or is she betrothed immediately with an obligation to pay? The shiur resolves the Gemara (גמרא)'s difficulty by showing this is not a standard tanai; rather, the man obligates himself to pay, giving her control—she can waive the debt and force the marriage.
This shiur analyzes Kiddushin 8a, focusing on the Gemara (גמרא)'s discussion of a case where a man gives a woman one dinar and says she will be betrothed when he completes a hundred. The central question is whether this creates an untenable situation where the woman becomes an agunah—unable to marry anyone else because he might pay later, yet unable to force him to complete the marriage. Rabbi Zweig begins by highlighting the fundamental difficulty: if we read this as a standard conditional kiddushin (tanai), the woman is trapped. She cannot back out because the kiddushin could take effect retroactively when he pays, yet she has no ability to compel him to pay. No reasonable woman would agree to such an arrangement, yet the Gemara seems to assume this is the intent even without explicit stipulation.
Looking for the full summary?
Full access is available to members of the TUF Alumni Association or the Yam Hagadol Foundation.
Already a member? Let the admin know!
Kiddushin 8a
Looking for the full transcript?
Full access is available to members of the TUF Alumni Association or the Yam Hagadol Foundation.
Already a member? Let the admin know!
Dedicate a Shiur in Gemara
L'ilui nishmas a loved one. In honor of a simcha or yahrzeit. As a zechus for a refuah sheleimah. Your dedication helps carry Rabbi Zweig's Torah to learners around the world.
Up Next in this Series
Why is the third book called simply 'And He called' and why did only Moshe hear God's voice? The shiur distinguishes between dibur (articulated speech) and kol (voice) - where kol represents projecting one's essence rather than communicating words. In Vayikra, God projects His actual presence to Moshe, and the korban system becomes our imperfect way of projecting ourselves back to Him.
Why did God command sacrifices of sheep, goats, and cattle specifically? The Rambam argues they countered idolatrous worship of these animals, while the Ramban objects that sacrifices existed before idolatry and serve as substitutes for the sinner. The shiur synthesizes both views: korbanot redirect the intense emotional connection idolaters felt toward these animals into genuine service of God.
If God is perfect and lacks nothing, why does He need our service, and how can we be rewarded for doing something that doesn't benefit Him? A Midrash about God's incomplete garden reveals that Hashem created a genuine need for our varied mitzvahs as the foundation of existence itself. This enables us to be independent beings worthy of reward rather than mere extensions of the Divine.
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.
