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Why wasn't Dovid HaMelech forbidden to marry Batsheva after witnessing her adultery? The shiur develops the machlokes between Rashi (רש"י) and Tosafos (תוספות) on whether shavi nash chateicha d'isurah qualifies as eidei kium to forbid an eishes ish on the ba'al versus just establishing facts.
This shiur analyzes a complex sugya in Kesubos 9a dealing with the case of Dovid HaMelech and Batsheva, focusing on the fundamental question of what type of testimony is required to render an eishes ish forbidden to her husband versus forbidden to a ba'al (the adulterer). The Gemara (גמרא)'s underlying tension emerges from an earlier ruling that pesach (פסח) pasucha kishne eidam domi - that witnessing compromising circumstances is equivalent to having two witnesses. This creates a seeming contradiction: if such evidence is sufficient, why wasn't Batsheva forbidden to Dovid after he witnessed her adultery?
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Kesubos 9a
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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.
