A free account is required to play audio and download files.
No community start suggestion yet.
How does arev (surety) work for kiddushin when the woman receives no money directly? The Rambam (רמב"ם)'s position reveals that kiddushin requires both property exchange (like kinyan kesef) and personal commitment (shebud haguf). This explains why the Rambam requires matana (a gift) in Hilchos Ishus but accepts simple nasina (giving) in Hilchos Mechira.
This advanced shiur analyzes the complex mechanism of arev (surety) in the context of kiddushin on Kiddushin 7a. The fundamental question is: when a man says to a woman, "Have ploni (the creditor) give money to ploni (a third party) and you will be mekudeshes to me," does this create valid kiddushin? The challenge is that the woman receives no money directly—she only benefits indirectly through the hana'ah (benefit) of having her request fulfilled. Rabbi Zweig identifies a major dispute among Rishonim. The Ritva understands that by arev you are meshabbeid yourself—it works through the hana'ah that you listen to me. The Tur and Rosh learn that it's the giving of the money itself (nasina) that creates the kiddushin, treating the money given to the third party as if it were given to the woman. This creates a fundamental nafka mina: according to the Ritva, the woman receives only a perutah's worth of hana'ah; according to the Rosh, she receives credit for the full amount given.
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!
Kiddushin 7a
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.
