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Why does the Gemara (גמרא) need to exclude chuppah as a method of kiddushin if there's no logical reason it should work? The shiur develops a fundamental yesod that chuppah creates a kinyan of hachnasas reshut even without erusin, establishing the woman in the husband's domain. This kinyan explains yesh chuppah l'psulas, resolves the Maharsha's question about chuppah after chuppah, and may underlie Rabbeinu Chananel's requirement of a get.
The shiur opens with the Gemara (גמרא)'s statement "l'miutei mai" – to exclude what? The Gemara answers: to exclude chuppah, and Rav Huna says to exclude chalipin. Rashi (רש"י) explains this is discussing a ketanah whose father gave her over for chuppah l'shem kiddushin, which does not create kiddushin. The fundamental difficulty is: why does the Gemara need to exclude chuppah at all? We don't pasken like Rav Huna that chuppah is koneh, and Rav Huna's reasoning depends on a kal v'chomer that only works according to Rav Tarfon, which we don't accept. If there's no logical basis to think chuppah should create kiddushin, what is the Gemara excluding? Rabbi Zweig develops that chuppah represents a real kinyan even without Rav Huna's kal v'chomer. When a woman enters the reshut of her husband through chuppah, she becomes koneh to him in a meaningful way – she leaves her father's domain and enters her husband's domain. This kinyan has real halachic consequences: the Rambam (רמב"ם) in Hilchos Terumos rules yesh chuppah l'psulas – if a Bas Kohen who was divorced and returned to eating terumah undergoes chuppah (without erusin) with a pasul, she loses her right to eat terumah. This demonstrates that chuppah creates a kinyan of hachnasas reshut that removes her from her father's domain and places her in the husband's domain.
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Kiddushin 3a
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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.
