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Why does the Gemara (גמרא) require shkihta (checking for virginity) for three days instead of combining one day of shkihta with ta'anas pesulah? The Maharsha develops a principle that delays for the woman's benefit forfeit her right to mezonos, while delays for the husband's benefit preserve it. However, this principle faces strong challenges from the continuation of the Gemara.
The shiur analyzes a complex passage in Kesubos 2a dealing with the laws of shkihta (checking for virginity) and the wife's right to mezonos (support). The central question revolves around why the Gemara (גמרא) establishes shkihta for three days rather than combining one day of shkihta with ta'anas pesulah to achieve the same postponement. Tosfos asks why the Gemara didn't simply say bracha instead of shkihta, noting that if bracha were a proper issur, it would have the same effect as shkihta. This leads to a fundamental question about whose benefit these delays serve.
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Kesubos 2a
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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.
