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What exactly happens when a child converts to Judaism but later protests? The shiur develops a revolutionary reading of the Rambam (רמב"ם) that distinguishes between Jewish nationality (acquired through milah and tevilah) and full Jewish status (requiring kabbalas mitzvos). This framework resolves major contradictions about whether such conversion is de'raisa or derabbanan.
The shiur addresses fundamental questions about the halachic status of a ger katan (child convert) who protests upon reaching adulthood. The central problem is understanding how the Ran's question about "efshar litzamtzem" (the impossibility of pinpointing the exact moment of conversion) applies to the Rambam (רמב"ם)'s position, and why the Rambam places this halacha (הלכה) in Hilchos Melachim rather than Hilchos Gerus. Rabbi Zweig presents a groundbreaking interpretation of the Rambam that revolutionizes our understanding of gerus. He argues that the Rambam distinguishes between two levels of Jewish identity: Jewish nationality and full Jewish status. When a child undergoes milah and tevilah, he immediately becomes a Jewish national - this is a pure zechus requiring no kabbalas mitzvos and involving no din of zechiya according to the Tosafos (תוספות) in Sanhedrin. The child performs these rituals himself, so it's not a case where others act on his behalf.
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Kesubos 11a
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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.
