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Can a man be mekadesh a woman and acquire her father's cow with a single pruta? The Gemara (גמרא) debates whether the man intends half the pruta for the woman and half for the cow (invalid), or whether he means to acquire the cow through meshicha (making the kiddushin valid). The shiur explores when a safek creates valid eidus on kiddushin versus when it's a fundamental lack of maase kiddushin.
This shiur analyzes the Gemara (גמרא) in Kiddushin 7b discussing a case where a man says "bitach uparascha bepruta" — "your daughter and your cow for a pruta." The fundamental question is whether this creates valid kiddushin or not. The Gemara presents two sides: perhaps he means half the pruta for the woman and half for the cow (which would be invalid since neither receives a full pruta), or perhaps he means the full pruta for the woman and intends to acquire the cow through meshicha (pulling). Rashi (רש"י) explains that when someone says they want to acquire both the daughter and the cow with a pruta, we interpret this to mean either the pruta for the woman or that the cow will be acquired through meshicha (since everyone knows a cow cannot be acquired with money). The Gemara extends this to a case involving land (karka), where the question becomes whether he means half the pruta for the woman and half for the land, or whether he means the full pruta for the woman and will acquire the land through chazaka (taking possession).
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Kiddushin 7b
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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.
