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Why does the father receive the kiddushin money when his daughter is betrothed? The Gemara (גמרא) explores multiple potential drashot—from the laws of annulling vows (haforas nedarim), from fines (knas), and from her handiwork (maaseh yadayim)—rejecting each in turn. The shiur analyzes the difficulties in each proposed source, focusing on the distinction between money representing intrinsic value versus windfalls and between a ketanah and naarah.
This shiur explores Kiddushin 3b-4a's discussion of the source for the father's right to receive his daughter's kiddushin (betrothal) money. The Gemara (גמרא) had initially suggested learning this law from the phrase "binu'arei beis aviha" (in her youth, in her father's house), but rejects this because if that were the source, Rabbi Yehuda's statement would be unnecessary—he shouldn't need a separate drashah for maaseh yadayim (the father's right to his daughter's earnings). The Gemara then attempts to derive this law from haforas nedarim (the father's ability to annul his daughter's vows). The shiur analyzes why this proposal fails: the principle that "mamon me'issur lo yalfinan" (we don't derive monetary laws from prohibition-based laws). Rashi (רש"י) explains this to mean we cannot derive the monetary aspects of kiddushin from the issur-based framework of vow annulment. Rabbi Zweig suggests an innovative reading: perhaps the Gemara initially thought kiddushin could be learned from haforas nedarim because kiddushin contains both issur and mamon elements—the mamon might be considered secondary (tafel) to the issur, thereby making it learnable from a pure issur context. However, this doesn't work for maaseh yadayim, which is pure mamon with no issur component.
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Kiddushin 3b-4a
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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.
