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Can ambiguous language create valid kiddushin when both parties intend marriage? The Gemara (גמרא) analyzes expressions like "mi yuchadas li" and "charufa" — some resemble terms for living together rather than marriage. The shiur explores whether such language works because the parties are "asukim bo'inyan" (engaged in marriage discussions), or because it might mean melacha (work/servitude), raising fundamental questions about the role of precise language versus intent in kiddushin.
This shiur provides an in-depth analysis of Kiddushin 6a, focusing on the Gemara (גמרא)'s discussion of various ambiguous expressions used for kiddushin: "harei at ishti," "harei at arusasi," "harei at k'nimi l'kudashes," and others. The Gemara examines whether these expressions, which reference biblical language about man and woman being together, constitute valid kiddushin language. The discussion centers on whether such expressions are acceptable because they invoke recognizable loshonos (languages/expressions) used in the Torah (תורה), or whether they fail as kiddushin language because they might suggest melacha (servitude) or other non-marital relationships. Rabbi Zweig raises several fundamental questions about the Gemara's structure. Initially, the Gemara seems to question whether these expressions constitute proper kiddushin language at all, since they refer to "being together" rather than specifically to marriage. The Gemara then addresses whether the parties even understand that marriage is intended. The resolution offered is that we're dealing with a case where the parties are "asukim bo'inyan" — already engaged in discussions about marriage — so their intent is clear. According to Rav Yosi, when parties are asukim bo'inyan, no specific formula is even required; the fact that they're discussing marriage is sufficient.
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Kiddushin 6a
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