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Can chuppah create kiddushin independently, or does it only complete the kinyan begun by kesef? The shiur analyzes the Gemara (גמרא)'s kal v'chomer and examines Rashi (רש"י)'s position that all three kinyanim work ba'al korchah in ishus versus Tosfos' reading. A Ramban (רמב"ן) regarding a Kohen Gadol's kiddushin forces a fundamental reexamination of whether chuppah functions independently or only as gomeres kesef.
The shiur analyzes a complex sugya in Kiddushin 5a-b exploring the nature of chuppah as a kinyan for kiddushin. The central question is whether chuppah can create kiddushin on its own or whether it only completes (gomeres) the kinyan begun by kesef. The Gemara (גמרא) attempts a kal v'chomer: if kesef, which cannot effect nisuin, can create erusin, then chuppah, which can create nisuin, should certainly be able to create erusin. The Gemara raises a pircha: perhaps the three kinyanim (kesef, shtar, and biah) that work ba'al korchah cannot be used to learn out chuppah, which does not work ba'al korchah. Rav Huna responds that only a chumra found in ishus itself would invalidate the kal v'chomer, and ba'al korchah is not specific to ishus.
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Kiddushin 5a-b
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