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What is the difference between kinyan (acquisition) and kiddushin (betrothal) in marriage? The shiur develops a fundamental distinction in the Rambam (רמב"ם): kinyan alone creates a relationship severable by either party without a get, while kinyan al menas l'nisu'in (with intent for marriage) creates kiddushin requiring a get and carrying issur eishes ish. This framework explains the Rambam's psak on mekadesh an ubar.
The shiur opens with the Gemara (גמרא)'s language on Kiddushin 2b, which shifts between "isha niknes" (the woman is acquired) and "ish mekadesh" (the man betroths). Rabbi Zweig questions why the Mishna uses the passive "isha niknes" rather than the active "ish koneh," and why it switches to "isha koneh" when discussing how the woman acquires herself back through death of the husband or get. The Gemara explains that "isha koneh" refers to two cases: sefer (get) where she acquires herself, and misah ba'al (death of husband) where it's not that she actively acquires herself but rather Hashem (ה׳) is makneh her back—"d'lav ikcha makneh lah, min shamaya kamakneh lah." Rabbi Zweig emphasizes the precise language of the Gemara: death of the husband is not a makneh (undoing) of the kiddushin in the sense that the man is no longer here so the relationship dissolves. Rather, it is a hakneh—Heaven actively returns her to herself. This implies that misah ba'al doesn't simply terminate the relationship automatically; a hakneh is required. This is evident from the Gemara's extended discussion proving that misah ba'al permits the woman, indicating it's not a simple sevara.
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Kiddushin 2b
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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.
