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When a man divorces an ervah and then marries a new wife, does that new wife become forbidden as a tzarah of the original ervah? The shiur explores Rashi (רש"י)'s treatment of tzaras achos isha mishenas geirushah and probes whether shum rishonah mapil extends to tzaros acquired after the divorce. A novel possibility emerges: perhaps divorce doesn't fully sever the relationship, leaving a residual connection that still creates a tzarah.
This shiur examines a complex sugya in Yevamos 13b concerning the principle of tzaras achos isha mishenas geirushah—the tzarah of a woman who became forbidden through divorce. The core question is whether a woman who marries a man after he has divorced an ervah (forbidden relative) is considered a tzarah to that original ervah, and whether such a tzarah would be forbidden from yibum. Rabbi Zweig begins by analyzing Rashi (רש"י)'s explanation of why the tzarah of a woman who was divorced (achos isha mishenas geirushah) is permitted. Rashi invokes the principle of "tzarah shum rishonah"—that she wasn't directly connected to the ervah during the original marriage. The fundamental question is what creates a tzarah relationship: does it require simultaneous marriage, or can a tzarah relationship be created even after the ervah has been removed from the picture?
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Yevamos 13b
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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.
