No community start suggestion yet.
When a man betroths a woman "with one hundred" but gives only one dinar (moneh stam) or ninety-nine (moneh zu), is she married? The shiur explores the Rambam (רמב"ם)–Raavad dispute over whether kiddushin involves a "price" (like a sale) or a specific kinyan-act—and whether the rest of the money is a condition, a debt, or part of the ceremony itself. The Avnei Miluim's radical reading—that a woman can be married even if the balance is never paid—is examined and challenged.
The Gemara (גמרא) on Kiddushin 8a introduces a fundamental distinction between *moneh stam* (betrothing "with one hundred" unspecified) and *moneh zu* (betrothing "with *this* one hundred"). According to the first explanation in the Gemara, by *moneh stam* she is *mekudeshes ve-yashlim*—married with the first coin, provided he completes the payment. By *moneh zu*, she retains the right to withdraw until the full sum is delivered. Rashi (רש"י) explains that *moneh zu* reflects her *da'atah kulah*—her expectation is for the entire amount, not partial payment. The Tosafos (תוספות) Ri HaZaken raises a critical question: what if the husband never completes the payment? Is the kiddushin void (as with an unfulfilled condition), or does she remain married while he owes her a debt? The Avnei Miluim argues that this is *not* governed by the laws of *tenai* (condition), but rather by the laws of *kevi'as mechir* (setting a price). Just as in a sale, if one pays a down payment for a field, the buyer acquires the field and owes the balance—even if he never pays, the field is his and the debt remains—so too here: the woman is married with the first coin, and the remainder is a debt, not a condition. If he defaults, she is still married and can collect from him, but the kiddushin itself is valid.
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 8a
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.
