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What does "ein lo lidah" mean in the context of a father's rights when his daughter gets married? The shiur analyzes whether the father must be the primary party to the kiddushin (requiring his consent and receiving the money directly) or whether the daughter is the primary party (with the father merely receiving money that accrues to her). The Gemara (גמרא)'s attempts to learn from various pesukim—kol shevach nurim l'viya, hafarat nedarim, and knas—help clarify whose consent is essential and why the money goes to the father.
The shiur begins by examining the fundamental question of "ein lo lidah"—what does it mean that the father has rights when his daughter gets married? The core issue is whether ein lo lidah means the daughter does the action and keeps the money, or whether the father does the action and receives the money. Initially, there is discussion about whether the father or daughter performs the ma'aseh kiddushin, with the Gemara (גמרא) establishing that there is a pasuk indicating the father does the action and therefore receives the money. A major analytical thread focuses on the distinction between the ketana (minor girl) and the na'arah (young woman). The Gemara suggests that perhaps by a ketana the father does the action and receives the money, but by a na'arah the framework might be different. The pasuk "kol shevach nurim l'aviv" (all the earnings of the young woman go to her father) becomes central to the analysis. The question becomes: does this pasuk mean the father must be given the money directly as the primary party to the kiddushin, or does it merely mean that any money the daughter receives ultimately belongs to her father?
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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.