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What does it mean that a woman is "acquired" (niknes) through kiddushin? The shiur examines the Rambam (רמב"ם)'s introduction to Hilchos Ishus, which traces the evolution from pre-Torah (תורה) marriage to the Torah's requirement of kinyan, raising fundamental questions about the nature of kiddushin, the status of pilegesh, and what exactly a husband "owns" when he marries.
This shiur opens Masechta Kiddushin by analyzing the Rambam (רמב"ם)'s introduction to Hilchos Ishus, which raises fundamental questions about the nature of marriage and kiddushin. The Mishna states "ha'isha niknes beshalosh derachim" (a woman is acquired in three ways), and Rashi (רש"י) explains she becomes "niknes lebaal" (acquired to her husband) and later "koneh atzma miyad habaal" (acquires herself back from the husband). This language of acquisition requires deep understanding. The Rambam begins Hilchos Ishus with a historical introduction: before matan Torah (תורה), a man would meet a woman in the marketplace, and if both agreed, he would bring her home and she would become his wife. After matan Torah, God commanded that if a man wants to marry a woman, he must first acquire her (yikneh osah techilah) before witnesses, and only then does she become his wife. This raises several critical questions: Why does the Rambam need this history lesson? What does it mean that kiddushin is a "mitzvas aseh shel Torah" when the Rambam himself states "she'yirtzeh ish" (if a man wants)—indicating it's optional, not obligatory?
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Kiddushin 2a
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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.
