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Can a woman instruct someone to give money to a third party and become betrothed through the obligation created? The shiur analyzes the mechanism of kiddushin through arev (guarantorship), exploring whether the woman becomes obligated through the service performed or whether she actually receives the money. Three competing approaches emerge: she receives the money itself, she's obligated for the service, or her acceptance is deemed as if she received it.
This shiur provides an in-depth analysis of Kiddushin 7a, focusing on the sugya of "tenam le'abah ule'avich" – a case where a woman (A) tells a man (B) to give money to a third party (C) and says she will be betrothed to B in exchange. The Gemara (גמרא) establishes that she becomes mekudeshes through the principle of arev (guarantorship). The fundamental question is: how does this mechanism work? Rabbi Zweig presents three distinct approaches to understanding the underlying dynamics. The first approach, attributed to Yitzi, suggests that when B gives money to C on A's instruction, it is as if B gave the money directly to A, and A then disposed of it as she wished (giving it to C). According to this view, A actually receives the money and can do whatever she wants with it – including giving it away. This would be a straightforward case of kiddushin through kesef.
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Kiddushin 7a
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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.
