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What does the father's zakkai (authority) over his daughter's kiddushin mean? The Gemara (גמרא) explores whether it means he can force her into marriage, whether he controls the kiddushin money, or both. Rashi (רש"י) and Tosafos (תוספות) debate whether the father's role is consent-based or ownership-based, with major implications for whether the daughter receives the kiddushin kesef when she is a na'arah versus a ketanah.
This shiur analyzes Kiddushin 3b, focusing on the Gemara (גמרא)'s discussion of the father's authority (zakkai) over his daughter's marriage. The central question is what "zakkai bebito bikdushin" means: does it mean the father can marry her off against her will (bal korchah), does it mean he receives the kiddushin money, or both? Rashi (רש"י) and Tosafos (תוספות) present fundamentally different approaches. According to Rashi, zakkai initially means the father can force the marriage (bal korchah), and a separate derivation is needed to teach that he also receives the kesef kiddushin. The difficulty with Rashi is that if zakkai means forcing, why does it need a separate limud for the money? Rashi answers that even when forcing is possible, the money could theoretically go to the daughter. The Gemara's question "ein me'alidido" means perhaps the daughter should receive the money even though the father retains consent authority. The answer "as biti nosati" establishes that the father is the baal habayit (owner) of the kiddushin process, and therefore "lo lechinam zikah lakasuf"—it wouldn't make sense for him not to receive the money when he is performing the mitzvah (מצוה) of marrying her off.
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Kiddushin 3b
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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.
