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Can a man betroth half a woman, reserving her without fully committing to marriage? The shiur analyzes the Gemara (גמרא)'s discussion of chatzi isha (partial betrothal) as a kinyan (acquisition/reservation) rather than full kiddushin. The key distinction: mo'ein havolech (sequential halves within one day) works because the kinyan "ripens" into full ishus, while shnei chatzayim (two simultaneous halves) attempts a double reservation without progression to marriage—both ultimately invalid but for different reasons.
The shiur opens by examining a difficult sugya in Kiddushin 7b concerning partial betrothal (chatzi isha). The Gemara (גמרא) asks whether a man who says "half of you is betrothed" on one day versus two days creates a difference in halachic status. The fundamental question is what the man is trying to accomplish with such strange language—what is going through his mind when he says he wants to betroth "half" a woman? Rabbi Zweig presents several major difficulties in the sugya. First, the Rambam (רמב"ם) switches the order of the cases from how they appear in the Gemara, bringing the case of chatzi pruta v'chatzi pruta (half a perutah now, half later) first, then the case of shnei chatzayim (two halves simultaneously). Second, the Raavad raises a kasha: if the first case (chatzi isha) doesn't work because of ein isha ruyah lishnayim (a woman cannot be married to two men), then shnei chatzayim b'vas achas (two halves given at once) should certainly work, since there's only one man involved. Third, the Beis Yosef asks: if the Rambam rules that shnei chatzayim is a safek mekudeshes (possibly betrothed), why doesn't it work automatically through hispashtus (extension)—since she agrees to the whole thing, and there's no daas acheres (competing intention) blocking it?
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Kiddushin 7b
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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.