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How can a third party effect kiddushin on behalf of another man? The shiur develops the principle that regular zechiyah doesn't work because kiddushin isn't merely a kinyan—it's an undertaking of obligations. Through analyzing the din of Eved Kanani and the machlokes between Rashi (רש"י) and the Rambam (רמב"ם), the shiur shows how kiddushin operates as a "down payment" on share, kesus, and onah.
The shiur begins by examining a fundamental question in Kiddushin 7a: why is a special din of Eved Kanani needed for a third party to effect kiddushin on behalf of another man? Why doesn't the regular parshah of zechiyah (acquiring on behalf of another) suffice? The Gemara (גמרא) establishes that just as one can give money to free an Eved Kanani on someone else's behalf, so too one can give kiddushin money on behalf of another. The shiur identifies a crucial distinction between regular zechiyah and Eved Kanani. In normal zechiyah, the one performing the kinyan (the mezakeh) does an action, and the benefit flows to the recipient (the zocheh). The mezakeh is the primary actor, and the zocheh is passive. However, in Eved Kanani, this doesn't work because giving money to acquire an eved would make the giver the owner of that eved, not free him. The Torah (תורה) therefore requires a new mechanism: when money is given for the eved, it works as if the eved himself gave the money—it's his action, not the giver's action that merely benefits him.
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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.
