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Why can't a woman be mekudeshes (married) through kinyan chalipin (exchange)? The shiur analyzes the Gemara (גמרא)'s reasoning that chalipin is excluded from the Mishna's three methods. Rashi (רש"י) holds chalipin itself is not kesef, while Tosafos (תוספות) and the Ran disagree on whether the exclusion is due to insufficient value or because it lacks the dignity appropriate for marriage.
This shiur analyzes Kiddushin 3a, focusing on why kinyan chalipin (exchange) is not a valid method of kiddushin. The Mishna lists three methods—kesef (money), shetar (document), and biah (relations)—and the Gemara (גמרא) asks why chalipin is excluded, given that we learn kiddushin from kinyan sadeh (acquisition of a field) through a gezeirah shavah (textual analogy), and chalipin works for acquiring land. Rabbi Zweig begins by examining the Gemara's question: "Lamutei ma?"—what is the number three in the Mishna coming to exclude? According to Rav Huna, the exclusion is chupa (the wedding canopy), and according to Rabba bar Rav Huna, it excludes chalipin. The shiur explores how this Mishna can be understood as an exhaustive list when the reasoning is that it only mentions what is explicit in the Torah (תורה), yet the Gemara suggests it excludes something that might otherwise be valid.
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Kiddushin 3a
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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.
