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Does kiddushei kesef create the marriage without biah, or is it nothing without biah? The shiur argues that kesef accomplishes the kinyan aspect of marriage while biah establishes the issur eishah, making marriage a two-tier process. This reading resolves why shtar marriage requires the hekesh and how na'arah m'orasa can exist as a betulah despite the requirement of biah.
This shiur on Kiddushin 9b analyzes the Gemara (גמרא)'s discussion of the relationship between kiddushei kesef (monetary betrothal) and biah (marital relations) in creating a valid marriage. The central question is whether the Gemara's statement "kiddush v'hadar bo'el" means that kesef by itself accomplishes nothing without biah, or whether each component accomplishes something distinct. Rabbi Zweig proposes that the better reading is that kiddushin is a two-tiered kinyan: kesef creates the fundamental kinyan (ownership/acquisition), while biah establishes the issur eishah (the prohibited status making her forbidden to others). This interpretation avoids the logical problem of how two things that each accomplish "nothing" could together accomplish "something." Under this reading, after kesef alone, the woman belongs to the man enough that no one else could marry her, and she might even be able to eat terumah if he is a Kohen, but there is not yet an issur ervah that would subject her to skilah for adultery.
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Kiddushin 9b
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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.
