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When is a married woman who commits adultery under coercion forbidden to her husband? The Tosafos (תוספות) analyzes whether the prohibition stems from violating God's command or from betraying the marital relationship itself. This distinction explains the cryptic Gemara (גמרא) about "promiscuous women" and resolves a fundamental dispute between Rabbeinu Tam and the Rivash.
This shiur analyzes a complex passage in Tosafos (תוספות) on Kesubos 3b dealing with the laws governing a married woman who commits adultery under duress (ones). The discussion centers on understanding when such a woman becomes forbidden to her husband and the underlying reasons for this prohibition. The Gemara (גמרא) presents a fundamental question: why does the Gemara in one place only ask about the kashya of "farhesia" (public adultery) and not "gilui arayos" (forbidden relations) when discussing a Jewish woman with a non-Jew? Rabbi Zweig explains that this indicates there may be no inherent prohibition of gilui arayos between a Jewish woman and a non-Jew, leading to a shocking conclusion by some Rishonim that such relations might only be rabbinically forbidden.
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Kesubos 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.
