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Can a man marry a woman by forgiving her loan? Rashi (רש"י) holds kiddushin work only with the money she'd have paid for his service—not the actual debt relief. The Rambam (רמב"ם) rejects this entirely, requiring that money be given at the moment of kiddushin. The shiur analyzes their fundamental dispute about whether debt relief constitutes a transfer of value.
The Gemara (גמרא) in Kiddushin discusses whether one can be mekadesh a woman by forgiving (being mechiel) her debt. The central question is whether such "hanoas mechilah" (benefit of forgiveness) constitutes valid kiddushin. Rashi (רש"י)'s approach, as analyzed in depth in this shiur, is that one cannot be mekadesh with the actual debt relief itself. Rather, the kiddushin only works with the pruta (small coin) she would have paid to someone else—or to him—to perform the service of getting him to forgive the debt or to extend the loan period. This is comparable to cases like "rekod lefanai" (dance before me) or "dabar lach lashilton" (speak on your behalf to the authorities), where kiddushin is effected through a service that has measurable value. Rashi emphasizes that merely extending the loan period (harvach zman) is not the same as changing the terms of the loan itself. If the original loan was due in Elul, and he agrees not to collect for three more months but the debt technically remains due in Elul, this does not constitute agranata (interest for delayed payment). It is simply an agreement not to bother her for collection. The loan remains unchanged in its fundamental terms. This has practical halachic ramifications; for instance, if Shemita arrives after the original due date but before the extended period ends, the debt would still be cancelled by Shemita because the actual loan obligation was due before Shemita.
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Kiddushin 6b
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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.