A free account is required to play audio and download files.
No community start suggestion yet.
What does the opening Mishna of Kiddushin mean when it says "ha'isha niknes"? The shiur develops the Rambam (רמב"ם) and Rashi (רש"י)'s understanding that kiddushin is not merely acquisition but a commitment to nisuin (marriage). A woman who accepts kiddushin without this commitment to nisuin remains a pilegesh, not an arusa, which explains why the Mishna specifies she requires a get to dissolve the relationship.
The shiur opens with a fundamental analysis of the first Mishna in Masechta Kiddushin (2a): "Ha'isha niknes beshalosh derachim, vekonah atzmo beshtei derachim." Rabbi Zweig immediately identifies several textual difficulties in Rashi (רש"י)'s commentary. Rashi writes "isha niknes labaala" (a woman is acquired to her husband), but the Mishna is discussing erusin (betrothal), not full marriage, so it should say "la'arus" (to her betrothed). Furthermore, Rashi's position elsewhere is that a pilegesh is established through kiddushin without a kesuvah, yet the Mishna doesn't distinguish this case. Additionally, Rashi's explanation of "konah atzmo" seems to introduce the concept of nisuin (full marriage) when the Mishna appears to be discussing erusin. The Rambam (רמב"ם)'s introduction to Hilchos Ishus presents its own set of challenges. The Rambam describes that before Matan Torah (תורה), when a man and woman wanted to be together (rotze hu vehi), he would bring her into his house and she would become his wife. After Matan Torah, the Rambam writes that when a man wants to marry a woman (shemirtza ish lissa isha), he must perform kiddushin before witnesses. Rabbi Zweig notes that the Rambam conspicuously drops the requirement of her consent (rotze vehi) in the post-Sinai formulation, mentioning only the man's desire. This seems to contradict the Rambam's own ruling in Perek Dalet that "ein isha miskadeshes ela lirtzonah" (a woman can only be betrothed with her consent).
Looking for the full summary?
Full access is available to members of the TUF Alumni Association or the Yam Hagadol Foundation.
Already a member? Let the admin know!
Kiddushin 2a
Looking for the full transcript?
Full access is available to members of the TUF Alumni Association or the Yam Hagadol Foundation.
Already a member? Let the admin know!
Dedicate a Shiur in Gemara
L'ilui nishmas a loved one. In honor of a simcha or yahrzeit. As a zechus for a refuah sheleimah. Your dedication helps carry Rabbi Zweig's Torah to learners around the world.
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.
