No community start suggestion yet.
When can a woman get married on any day versus only Wednesday? The Gemara (גמרא)'s discussion of Beis Din availability reveals a fundamental machlokes between Rashi (רש"י) and the Rambam (רמב"ם) about whether there's an obligation to go to Beis Din to clarify virginity claims, or just an obligation to avoid preparation conflicts with Shabbos (שבת).
This shiur analyzes a complex sugya in Kesubos 3a dealing with the Mishna's ruling that a virgin gets married on Wednesday. The Gemara (גמרא) states that from the time of Ezra's enactments, when Beis Din sat only on Monday and Thursday, women had to marry on Wednesday. But before Ezra's enactments, when Beis Din sat every day, women could marry any day. The Gemara then says that today, if there's a Beis Din that sits every day like before Ezra's time, a woman can marry any day, provided he prepared the food in advance. Rabbi Zweig identifies a fundamental difficulty: if the issue is just food preparation (tircha), why couldn't someone prepare food in advance even during the Mishna's time? The Gemara seems to suggest that today's situation is somehow different from the Mishna period.
Looking for the full summary?
Full access is available to members of the TUF Alumni Association or the Yam Hagadol Foundation.
Already a member? Let the admin know!
Kesubos 3a
Looking for the full transcript?
Full access is available to members of the TUF Alumni Association or the Yam Hagadol Foundation.
Already a member? Let the admin know!
Dedicate a Shiur in Gemara
L'ilui nishmas a loved one. In honor of a simcha or yahrzeit. As a zechus for a refuah sheleimah. Your dedication helps carry Rabbi Zweig's Torah to learners around the world.
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.
