A free account is required to play audio and download files.
No community start suggestion yet.
Can a woman be mekudeshes with property attached to the ground? The Baalei Tosafot holds mechubar is invalid even for kesef kiddushin, while the Tosefta seems to permit it. The shiur distinguishes between the Bavli's drasha of venasan (requiring actual transfer) and the Yerushalmi's drasha of sefer (limiting only shtaros), showing how different understandings of the hekesh havaya le'yetziah determine whether the issur mechubar applies to kesef kiddushin or only to shtar.
The shiur opens with a fundamental question on the Baalei Tosafot, raised by the Ran and the Gaon: The Baalei Tosafot rules that one cannot be mekadesh a woman with karka (land) because mechubar (attached property) is invalid even for kesef kiddushin. Yet the Tosefta states that one cannot be mekadesh with property attached to the ground only when it is from an ir hanidachas (condemned city) that will be burned. This implies that ordinarily, mechubar would be valid for kiddushin. How can the Baalei Tosafot's position be reconciled with the Tosefta? Rabbi Zweig explains that the Baalei Tosafot's position is based on the principle of hekesh havaya le'yetziah—that the requirements of divorce (gerushin) apply to marriage (kiddushin). Since divorce requires venasan (physical transfer of the object), and giving karka does not constitute a proper transfer (the woman takes possession rather than the husband transferring it), karka cannot effect kiddushin. The Rashba makes this explicit: the reason mechubar is valid for shtar kiddushin is that the issur of mechubar stems from venasan, and we only make hekesh havaya le'yetziah for processes that parallel divorce, not for every detail of shtar.
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 9b
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.
