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What is the function of the minyan requirement for birchas chasanim? The shiur explores whether the ten people create hashroas hashechinah through the brachos themselves, or whether they merely celebrate the hashroas hashechinah that naturally occurs when a man and woman marry.
This shiur delves deeply into a fundamental question about the nature of birchas chasanim (wedding blessings) and their minyan requirement. The Gemara (גמרא) presents an apparent contradiction: Rav says an almanah (widow) doesn't need a bracha, yet elsewhere it states that both a besulah and almanah need brachos. The resolution distinguishes between a bachur (single man) marrying an almanah (requiring sheva brachos) versus an alman (widower) marrying an almanah (not requiring the full celebration). The central analysis focuses on the Rambam (רמב"ם)'s position in Hilchos Ishus. The Rambam establishes two separate categories of sheva brachos: one required before the nisuin (at the chuppah itself) and another for the celebratory period afterward. This creates several difficulties, including where the Rambam derives this distinction and why he changes his language between 'kodem hanisuin' and 'kodem kinusu l'chuppah.'
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Kesubos 7b
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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.
