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Is kidushei kesef (marriage through money) d'Oraisa or divrei Soferim? The shiur analyzes a fundamental dispute between Rashi (רש"י) and the Rambam (רמב"ם) over the gezeira shava "kicha kicha" from Avrohom's purchase of the Me'aras Hamachpela. The Rambam holds the gezeira shava teaches kinyan in principle, but the Chachamim determined kesef as the form—making it divrei Soferim. Rashi holds the gezeira shava cross-references the word kesef itself, making it d'Oraisa.
This shiur on Kiddushin 2a delivers a comprehensive analysis of the fundamental dispute between Rashi (רש"י) and the Rambam (רמב"ם) regarding the status of kidushei kesef—whether acquiring a wife through money is a biblical (d'Oraisa) or rabbinic-level (divrei Soferim) institution. The discussion opens with the Gemara (גמרא)'s statement "teinach bekasfa, b'dia ma'ikol ha'meimar"—if the woman was forcibly betrothed with money, the Rabbis can annul it, but with bi'ah (relations) this is difficult since it is biblically mandated. Rashi cites his teachers who held kidushei kesef is divrei Soferim, enabling rabbinic annulment. Yet this conflicts with the Gemara's gezeira shava "kicha kicha" from Avrohom's purchase, which should make it fully biblical. Rabbi Zweig first addresses Rashi's two core objections to calling kidushei kesef "rabbinic": (1) the gezeira shava "kicha kicha mistaya Efron" makes it as if explicitly written in the Torah (תורה), and (2) a woman betrothed with kesef who commits adultery receives capital punishment, which is impossible if she's only rabbinically married. Rashi is forced to explain the Gemara differently, rejecting the view of his teachers.
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Kiddushin 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.
