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The Gemara (גמרא)'s nafka mina between tchilas biah and sof biah seems unclear. The shiur develops a fundamental yesod in the Rambam (רמב"ם) that there are two distinct types of chuppah: one that creates the wife-husband status (enabling yerusha and tumah) and another that creates the right to live together (mutar lavo). This resolves multiple kashos on the Gemara and Rishonim.
The shiur begins with a difficulty in Kiddushin 10a regarding the Gemara (גמרא)'s nafka minas between whether biah for kiddushin works at tchilas biah or sof biah. The Gemara discusses whether a Kohen Gadol can be mekadesh a besulah with biah, and the Rishonim (Ramban (רמב"ן) and Ridvaz) struggle with why the Gemara needs this nafka mina when seemingly simpler distinctions exist. The Rishonim propose that the case involves making chuppah before biah, creating a situation where the kiddushin happens at tchilas biah but the woman is already in chuppah status. This leads to a fundamental question: Can one make chuppah before erusin? The Mishne LaMelech learns from the Ramban and Ridvaz that chuppah can indeed precede kiddushin, which creates halakhic complications. If chuppah before erusin is meaningless, how does it help later? Yet the Rama in Even HaEzer paskens that if someone made kiddushei ta'us followed by nisuin, and later discovered the kiddushin were invalid, when he remarries her properly he does not need to repeat sheva brachos—implying the original chuppah retained validity.
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Kiddushin 10a
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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.
