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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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