A free account is required to play audio and download files.
No community start suggestion yet.
What accomplishes nisuin — is it chuppah alone or chuppah with yichud ra'ui le-biah? The shiur develops a fundamental distinction: chuppah creates two effects — hachnasas reshus (bringing the woman into the husband's domain) and kinyan (ownership). This framework resolves tensions between the Rambam (רמב"ם), Ran, and Rashi (רש"י) regarding chuppah before kiddushin, moser av le-shluchei baal, and chuppas niddah.
Rabbi Zweig undertakes an exhaustive analysis of the sugya in Kiddushin 5b concerning the nature of chuppah and its role in creating nisuin. The shiur navigates through a series of seemingly contradictory sources in Rishonim and seeks to establish a unified understanding of how chuppah functions as a mechanism of marriage. The shiur begins by presenting several fundamental difficulties. The Maritz asks how Ravina could hold that one can be mekadesh a woman with chuppah if kallah belo bracha (a bride without sheva brachos) is prohibited from living with her husband. If yichud ra'ui le-biah is required for chuppah, and she is prohibited from living with him, there is no yichud ra'ui le-biah. The Avnei Nezer poses a similar problem: if chuppah is a safek kiddushin (uncertain whether Rabbeinu Chananel's view is accepted), then since we must be machmir that she may be a penuyah, she remains prohibited from yichud, which undermines the very mechanism of chuppah ra'ui le-biah.
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 5b
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.
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.
