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Does kiddushin require the husband to give a value of a sheve pruta, or is it sufficient that the wife receives that value? The shiur explores whether the monetary requirement in kiddushin parallels ordinary commercial kinyanim or reflects a unique ceremonial status, examining Rashi (רש"י)'s reading of the case where a man marries with silk "worth fifty".
This shiur examines a fundamental question in the laws of kiddushin discussed in Kiddushin 7b: does the requirement that kiddushin be accomplished with a sheve pruta mean the husband must give an object worth that amount to him, or is it sufficient that the wife receives something worth a sheve pruta to her, even if it costs him less? The shiur opens with a practical case: a woman who is deathly ill may eat non-kosher food that has no value to a healthy person. If a healthy man gives such food to a sick woman for kiddushin, saying "Harei at mekudeshes li b'zeh," is she married? To him the object is worthless, but to her it has value. The Rishonim debate whether the sheve pruta standard is measured by the giver or the recipient. One possibility is that kiddushin differs fundamentally from other kinyanim—it is primarily a religious ceremony rather than a commercial transaction, so the husband's "down payment" need not have monetary significance to him.
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Kiddushin 7b
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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.
