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How does the mechanism of arev (guarantorship) work in kiddushin compared to other kinyanim? The shiur develops a yesod distinguishing shevu'as haguf (personal obligation) from property exchange: while hilchos mechira requires only money transfer, kiddushin demands both property exchange and personal commitment, explaining the Rambam (רמב"ם)'s requirement of "matana" and "nene ploni biglola."
This shiur analyzes Kiddushin 7a, focusing on the sugya of arev (guarantorship) in kiddushin and exploring a fundamental distinction in the Rambam (רמב"ם)'s understanding of kinyanim. The central issue is how the mechanism of "ten ma'os leploni v'akadesh ani loch" (give money to a third party and I will be betrothed to you) works—whether through the actual giving of money (nasina) or through the benefit (hana) the woman receives when the man listens to her directive. Rabbi Zweig presents a major contradiction within the Rambam himself: in Hilchos Ishus, the Rambam explains kiddushin through the hana principle (similar to the Ridvaz), while in Hilchos Mechira, he explains it through the nasina (actual giving). This creates a significant nafka mina: if it's the nasina, then the malveh (lender) gets credit for the full amount given; if it's the hana, only the actual benefit (apruka) counts.
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Kiddushin 7a
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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.
