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Why does the father receive kesef kiddushin for his daughter? The shiur explores the Gemara (גמרא)'s derivation from the case of an amah ivriyah and two major questions from Rabbi Akiva Eiger: why can't we learn the din from hafarat nedarim, and how does the hekesh between yetzi'ah and biah create a gezeirah shavah that would bypass the need for a separate pasuk for selling a daughter?
This shiur analyzes Kiddushin 3b, focusing on the Gemara (גמרא)'s discussion of why a father receives the kesef kiddushin when his daughter (either ketanah or na'arah) is betrothed. The Gemara derives this from the case of an amah ivriyah: "Ein kesef la'adon zeh, yesh kesef la'adon acher" - if there's no payment to this master (when she reaches na'arut and goes free), there is payment to another master (the father when she gets married). This teaches that the father functions as an "adon" (owner) who receives payment when his daughter's status changes through kiddushin. Rabbi Zweig develops the Rambam (רמב"ם)'s formulation that the father has rights because "reshuso b'yado" - her reshut (ability to determine whom to marry) is in his hands. Rashi (רש"י) translates "reshusah" as her ability to marry whom she chooses. The Rambam means that the decision of whom she should marry rests with the father. This provides the basis for understanding why the Gemara initially suggests learning this din from hafarat nedarim.
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Kiddushin 3b
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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.
