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Can a woman be consecrated in stages or halves? The Gemara (גמרא) asks whether kedushin spreads (nifshetet) when incomplete, and examines cases of chatzi perutah and chatzi isha. Tosafos (תוספות) distinguishes the husband's act of sanctification from the wife's act of haknaa (transfer), explaining why hispashtus applies to the former but not the latter.
The shiur continues a previous session analyzing the sugya in Kiddushin 7a-b dealing with kedushas ha'isha and the concept of hispashtus (spreading) of kedusha. Rabbi Zweig begins by reviewing Tosafos (תוספות)'s approach to the machlokes between lashon kedusha and lashon kinyan. According to Tosafos, marriage has two aspects mid'Oraisa: a kinyan (acquisition) aspect and a kedusha (sanctification) aspect. Both exist mid'Oraisa, and the question is which one "pulls" the other—does the kinyan create the kedusha, or does the kedusha create the kinyan? This determines whether the concept of hispashtus applies. The Gemara (גמרא)'s question revolves around the principle that kedusha is "nifshetet" (spreads out). If a man consecrates half a woman with half a perutah, and then consecrates the other half with another half a perutah, should the kedusha spread to the entire woman? The Gemara answers "das acheres maakiv"—the other woman's consent acts as a barrier. Rabbi Zweig explains that according to Tosafos, the woman's role is purely one of haknaa (transfer/consent), while the man performs the act of hekdesh (sanctification). Only the act of hekdesh can be subject to hispashtus; the woman's haknaa, being limited to what she consented to, cannot spread beyond that scope.
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Kiddushin 7a-b
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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.
