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Why does a woman need a pre-kiddushin appraisal (shuma) when the man states a specific value? The shiur explores the machlokes between Rav and Rav Yosef on Kiddushin 7b, arguing that kiddushin differs from ordinary commerce—the woman expects the gift to exceed the stated value as a gesture of kavod. When reality disappoints, there's a fundamental chisaron smichas daas that can't be cured even by later appraisal.
This shiur analyzes the Gemara (גמרא) in Kiddushin 7b concerning the requirement for shuma (appraisal) before kiddushin, focusing on the machlokes between Rav and Rav Yosef. The fundamental question addressed is: if a man says "Hiskadshi li" with an object worth fifty, and it turns out to be worth exactly fifty, why according to Rav Yosef is she not mekudeshes? What is lacking in smichas daas (meeting of the minds)? Rabbi Zweig begins by identifying several problems in Rashi (רש"י)'s approach. First, there appears to be a significant gap between the reisha and seifa of Rashi's commentary. In the reisha, Rashi indicates that if one says "kodur" (as is), everyone agrees she is mekudeshes. The implication is that anything other than saying kodur would be subject to dispute. However, in the seifa, the Gemara discusses a case where he says "Hiskadshi li with money that's worth this amount and here is something like it (vedomeiha)," suggesting that only in that specific case do they argue, while in other cases even Rav Yosef would agree there's chisaron smichas daas.
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Kiddushin 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.
