A free account is required to play audio and download files.
No community start suggestion yet.
Does a father own his daughter when he accepts her kiddushin, or does he merely have the right to perform the act of kiddushin on her behalf? The shiur analyzes Tosafos (תוספות)'s position that the father has true ownership—explaining why mammon mi'issur lo yalfinan bars learning from haforas nedarim. A powerful proof emerges from the Minchas Chinuch: a father can sell his daughter but cannot bequeath her, challenging the Radbag's axiom that anything sellable must be transferable through inheritance.
The shiur addresses multiple kushiyos raised by Rav Akiva Eiger on Tosafos (תוספות) in Kiddushin 3b regarding the father's ability to accept kiddushin for his daughter. The central debate revolves around whether the father is a true owner of his daughter or merely has certain specific rights over her. The first kasha concerns why we don't learn kiddushin kesef from the hekesh of havayah li'yetziah. Tosafos in Kesubos questions why we can't learn out kiddushin kesef from a different source—learning the father's ability to accept kiddushin through shtar or biyah (which are issur-based) from haforas nedarim, and then learning kiddushin kesef from the hekesh. The shiur explains that Tosafos holds that "Av zakai" means the father is an actual owner of his daughter. When the father accepts kiddushin, he is performing a maaseh haknayah (act of acquisition) on his daughter, whom he owns. Since this is a mammon-based ownership transaction, we cannot learn it from haforas nedarim, which is purely issur-based. The principle of mammon mi'issur lo yalfinan applies because the essence of kiddushin involves ownership and sale, not merely because money changes hands.
Looking for the full summary?
Full access is available to members of the TUF Alumni Association or the Yam Hagadol Foundation.
Already a member? Let the admin know!
Kiddushin 3b
Looking for the full transcript?
Full access is available to members of the TUF Alumni Association or the Yam Hagadol Foundation.
Already a member? Let the admin know!
Dedicate a Shiur in Gemara
L'ilui nishmas a loved one. In honor of a simcha or yahrzeit. As a zechus for a refuah sheleimah. Your dedication helps carry Rabbi Zweig's Torah to learners around the world.
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.
