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How does the Gemara (גמרא)'s principle of "ain kateigor naase saneigor" apply to monetary transactions like kiddushin and gittin? The shiur explores Rashi (רש"י)'s novel approach that distinguishing between the ritual act of matir (removing issur) and the kinyan itself resolves the contradiction. Rashi views kiddushin and gittin as rituals, not pure kinyanim, making the "kateigor/saneigor" problem substantive rather than absurd.
Rabbi Zweig delivers an advanced analysis of Kiddushin 5a, focusing on the Gemara (גמרא)'s discussion of whether a shtar (legal document) can effect kiddushin through a kal v'chomer from get, and the puzzling objection of "ain kateigor naase saneigor" (a prosecutor cannot become a defender). The fundamental question: if a shtar works to create divorce (which the Gemara considers harder than marriage), why shouldn't it work for kiddushin? And what does the religious principle of "ain kateigor naase saneigor"—which appears in contexts like the prohibition of using a calf's horn for shofar because of the golden calf—have to do with hilchos kinyanim (laws of acquisition)? The shiur begins by addressing the initial perplexity: the Gemara appears to treat "ain kateigor naase saneigor" as a serious objection in a purely transactional context. Rav engages with this objection meaningfully rather than dismissing it, which suggests it has substantive legal import beyond mere symbolism. The puzzle deepens when examining the parallel case: the Gemara questions whether kesef (money) works for gittin through the same reasoning, yet there the objection doesn't center on "ain kateigor naase saneigor" but rather on the technical halachic status of shtar as kesef.
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Kiddushin 5a
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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.
