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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.
This shiur presents a comprehensive analysis of the opening Gemara (גמרא) in Kiddushin 2b, exploring the dual nature of the marriage bond in Jewish law. The primary focus is understanding why the Mishna uses different terminology—sometimes "kinyan" (acquisition) and sometimes "kiddushin" (sanctification)—when describing how marriage is effected. Rabbi Zweig begins by examining the Gemara's question about linguistic consistency. The Gemara asks why the first Mishna doesn't use "kinyan" terminology throughout if marriage is fundamentally an acquisition. Rashi (רש"י) and Tosafos (תוספות) are presented as offering different frameworks for understanding this question. According to Rashi, the Gemara is asking about appropriate terminology—which language better captures the essence of marriage. According to Tosafos, the question runs deeper, touching on the fundamental nature of the marriage bond itself.
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Kiddushin 2b
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