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How can a minor convert (ger katon) have agency for others through zechiyah when minors cannot normally serve as agents? Tosafot develops two approaches: the conversion itself grants agency potential, or since the minor will inevitably become an adult agent, current agency is justified.
This shiur analyzes Tosafot's complex discussion on Kesubos 11a regarding ger katon (minor converts) and the fundamental problem of agency. The Gemara (גמרא) establishes that one can be zocheh (acquire) for a ger katon, but Tosafot raises a crucial difficulty: how can this work when there is no shlichut (agency) for a minor, and agency is typically required for zechiyah to function? Tosafot presents two solutions to this dilemma. The first approach suggests that since the conversion process itself (gerus) is only derabbanan (rabbinically ordained), it creates a special form of agency that wouldn't exist under Torah (תורה) law. This rabbinic gerus grants the minor a form of shlichut that enables zechiyah to work on his behalf.
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Kesubos 11a
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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.
