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What does the Gemara (גמרא) mean when it says "pitui ketanah ones" (a seduced minor is considered forced)? The shiur develops a fundamental machlokes between Tosafos (תוספות) and the Rambam (רמב"ם) regarding two different concepts of ones (force) - physical coercion versus betrayal of husband.
This shiur analyzes a fundamental disagreement between Rishonim regarding the nature of ones (force) in the context of a minor who commits adultery. The Gemara (גמרא) in Kesubos 9a presents a case where a woman was betrothed as a minor (under age 3) and later claims to have been found "pesach (פסח) pasuach" (not a virgin). The discussion centers on whether this creates a safek safeka (double doubt) or just one doubt. Rashi (רש"י) and Tosafos (תוספות) both modify the Gemara's case, adding that the woman must now be over twelve years old, creating what appears to be a forced interpretation. Tosafos asks why this isn't a safek safeka - doubt whether it was ones or ratzon (forced or willing), and even if willing, perhaps she was under twelve when it occurred.
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Kesubos 9a
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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.
