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Can chuppah create kiddushin through a kal vachomer? The shiur analyzes Rav Huna's position that chuppah should accomplish kiddushin since it completes the marriage, contrasting Rashi (רש"י)'s and Tosafos (תוספות)'s understandings of the Gemara (גמרא)'s challenges. Rashi learns that chuppah works differently for a ketanah versus gedolah, establishing kinyan only through hachnasas reshus by a ketanah.
This shiur analyzes Kiddushin 5a-b, focusing on Rav Huna's position that chuppah should be able to create kiddushin through a kal vachomer argument. The Gemara (גמרא) suggests that since chuppah completes (gomer) the marriage process, it should also be able to initiate (koneh) it, just as kesef can both initiate and complete. The shiur begins by reviewing the Rambam (רמב"ם)'s position regarding when a woman eats terumah. The Rambam holds that an arusah (betrothed woman) does not eat terumah mideoraisa despite the fact that certain other marital laws apply to her (the husband inherits her, becomes tamei for her, and can annul her vows). The question arises: if the Rambam holds that only specific dinim listed in the parsha apply, how can biah she'lo kedarkah create these dinim when terumah-eating is not among them? The shiur proposes that the Rambam distinguishes between the kinyan aspect of chuppah (which creates inheritance, tumah, and hafaras nedarim even through biah she'lo kedarkah) and the ishus/living-together aspect (which is required for eating terumah and only comes through regular nisuin).
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Kiddushin 5a-b
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