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Why does the Gemara (גמרא) learn kiddushin from both the pasuk of "yotzei chinam ein kesef" (regarding an amah ivriyah) and from "ki yikach ish ishah"? The shiur develops the Rambam (רמב"ם)'s fundamental distinction: yotzei chinam teaches kinyan (ownership rights that prevent hefkeirus), while ki yikach teaches kedushas eirusin (creating an eshes ish with full issur ervah). Kesef accomplishes both dimensions of marriage.
This shiur analyzes Kiddushin 4b, focusing on a fundamental question in the structure of kiddushin: how we derive that kesef (money) creates a valid marriage, and what exactly that kesef accomplishes. The Gemara (גמרא) presents a kal vachomer from amah ivriyah: just as she goes free with money, so too marriage can be created with money. But this raises multiple questions about the relationship between different pesukim and the nature of kiddushin itself. The shiur begins by examining Rashi (רש"י)'s commentary on the Gemara's havamina that a woman could give a man money to create kiddushin. Rashi explains that since we know kesef works for kiddushin, we might think it works regardless of which direction the money flows. However, the pasuk "ein kesef lad'on hazeh" teaches that the money must go to the father (by a naarah), not to the previous master. Tosafos (תוספות) questions Rashi's formulation: if the pasuk is discussing a naarah whose father receives the money, how could the Gemara's havamina involve the woman giving money to the man? Tosafos answers that the Gemara's discussion is actually lav davka; the real point is about who receives the money and who makes the declaration.
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Kiddushin 4b
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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.
