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Can a niddah undergo chuppah? The Ran views chuppah as a kinyan requiring actual yichud, making chuppas niddah forbidden. The Rambam (רמב"ם) sees chuppah as advancing the relationship rather than a kinyan - it's lo gamru (incomplete) until she goes to mikvah but valid as a maasrh nisuin.
The shiur analyzes a fundamental dispute between the Ran and Rambam (רמב"ם) regarding the nature of chuppah, particularly when the bride is a niddah. The Ran maintains that chuppah requires hachnasas reshus but not yichud, allowing chuppah with a niddah since it can't be completed anyway, so there's no obligation of mezonos. The Rambam holds that chuppah requires yichud aruya l'biah (proper for intimacy), making it forbidden to perform chuppah with a niddah. The Ran raises several kashas on the Rambam: How can there be almanah min hanisuin if yichud is required? How can the Kohen Gadol make kiddushin and nisuin on Yom Kippur? How can there be moser ha'av l'shluchei haba as a nisuin without yichud? The Beis Yaakov offers a novel chiddush distinguishing between katan and gadol - by a father, hachnasas reshus suffices, but by a gedolah, yichud is required.
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Kesubos 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.
