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Does zechiyah (acquiring for another) work through shlichus (agency), or are they separate concepts? Tosafos (תוספות) offers two approaches to resolve why minors can benefit from zechiyah despite lacking capacity for shlichus. The analysis reveals whether agency requires formal appointment or merely assumed consent.
This shiur examines a fundamental dispute in Tosafos (תוספות) regarding the relationship between zechiyah (acquiring something on behalf of another person) and shlichus (agency). The Gemara (גמרא) establishes that one can be zocheh (acquire) on behalf of another in their absence, but the underlying mechanism is debated. Tosafos begins by citing the principle that zechiyah works through shlichus - when someone acquires on another's behalf, it functions as if that person appointed them as an agent, based on the assumption (umdena) that they would want to make such an appointment. This is supported by the Gemara in Bava Metzia regarding chatzer (courtyards) acquiring on behalf of their owners through a form of agency.
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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.
