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Is kesuva only a rabbinic institution, or does it have Torah (תורה)-level force? The shiur develops the Rambam (רמב"ם)'s position that kesuva mideoraisa is not just a business arrangement but a fundamental component of kiddushin itself, reflecting marriage as a permanent relationship. This explains why an almanah receives kesuva mideoraisa while a gerusha's kesuva is only derabbanan, and resolves apparent contradictions in the Rambam's formulation.
The shiur opens with the Rambam (רמב"ם)'s formulation in Hilchos Ishus that the mitzvah (מצוה) is "liso isha b'kisuv u'vkiddushin"—to marry a woman through kiddushin and kesuva. This raises a fundamental difficulty: the Rambam clearly holds throughout his writings that kesuva is only derabbanan, so how can it be part of the Torah (תורה)-level mitzvah of marriage? Additionally, the Rambam in Moreh Nevuchim distinguishes between a pilegesh (concubine) and a wife by saying that a pilegesh has kiddushin without kesuva while a wife has both. If kesuva is only rabbinic, how can this be the fundamental distinction, and how can a pilegesh be forbidden mideoraisa? The shiur analyzes the sugya in Kiddushin dealing with an anusa (a woman who was raped). The Gemara (גמרא) states that an ones (rapist) must pay immediately, and when he marries the victim, "yotza kesef knaso b'kesuvaso"—the kesuva obligation is fulfilled through the knas payment. Tosafos (תוספות) asks: if the entire institution of kesuva exists only "kedei shetihiyeh kalah b'einav v'lo yotzi'enah" (so that divorce should not be easy in his eyes), why should an almanah (widow) receive kesuva at all? The takanah was only made for a gerusha (divorcee), and since here the man cannot divorce her (he is forbidden to divorce an anusa), there should be no kesuva even if he dies.
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Kiddushin 2a
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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.
