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Why does the Gemara (גמרא) present two different kal vachomers to prove chuppah should effect erusin—one from the fact that chuppah is mechol and one from the fact that chuppah is gomer? The first kal vachomer teaches that erusin is fundamentally a kinyan of ishus (relationship), not merely a standard kinyan. The second kal vachomer raises Tosafos (תוספות)'s difficulty: how can you learn chuppah creates erusin independently when chuppah only works after kesef?
This shiur analyzes the Gemara (גמרא)'s two attempts to prove through kal vachomer that chuppah should be able to effect erusin. The first kal vachomer argues from kesef she'eino mechol—kesef does not permit an arussa bas Yisrael to eat terumah, while chuppah does. Since kesef creates erusin, chuppah, which has the additional power of mechol, should surely create erusin. The Gemara rejects this because the very kinyan of kesef itself is mechol according to Ulla, so there is no advantage to chuppah in this regard. Rabbi Zweig addresses a fundamental question: why does the Gemara include this first, flawed kal vachomer at all? We already know from Ulla in other places in Shas that an arussa eats terumah mid'rabbanan. The shiur could have simply started with the correct kal vachomer. The answer reveals a profound insight into the nature of erusin: the Gemara is teaching that erusin is not merely a standard kinyan governed by hilchos kinyanim, but rather a kinyan of ishus—a relationship. The first kal vachomer establishes that if chuppah were to work for erusin, it would work because it creates ishus, not because it is a superior form of kinyan in technical terms.
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Kiddushin 5a-b
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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.