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Does "kesef" mean currency or silver? Tosafot holds kesef means currency, not merely silver. This creates a fundamental question: if currency has unique properties (it's accepted universally), why does the Mishna include "sheva kesef" (other objects), which the recipient values less? The shiur develops how this machloket between Tosafot and the Ran drives different understandings of monetary obligations throughout Shas.
This shiur explores a foundational Tosafot on Kiddushin 2a that examines the meaning of "kesef" in the Mishna's formulation "ha'isha niknet bi'kesef." The central question is whether kesef means specifically silver coins (as per the Ran) or currency in general (as per Tosafot and other Rishonim like the Rif and Rambam (רמב"ם)). Tosafot opens by asking why the Mishna says "kesef" rather than "sheva kesef" (objects of value). If kesef simply meant silver, the Mishna could have used the broader term. Tosafot's answer reveals a fundamental position: kesef means currency specifically because the Torah (תורה)'s source verse (ki yikach ish isha) uses kesef to indicate the medium of exchange the Torah establishes for kiddushin. The Mishna first states the din as it appears in the Torah (kesef), then elaborates with dinar (for Beit Shammai, who require a higher value) and peruta (for Beit Hillel, who accept even copper coins).
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Kiddushin 2a
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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.