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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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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.
