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What makes kiddushin in a public place or living with one's mother-in-law pritzus (inappropriate conduct)? The shiur analyzes the dispute between Rav and Rav Nachman on Kiddushin 12b regarding whether these acts warrant malkus. Rabbeinu Tam and the Ri offer competing definitions: is pritzus a lack of proper eidim (witnesses), or does it reflect reducing marriage from kedusha to a secular transaction?
This shiur provides an in-depth analysis of a Gemara (גמרא) in Kiddushin 12b dealing with various cases where Rav administered malkus (lashes) for conduct deemed pritzus. The cases include: being mekadesh (betrothing) a woman in the shuk (marketplace), being mekadesh in a private house without shidduchim (prior arrangement/engagement), revoking a get, hitting a shaliach of Beis Din, remaining in cherem for thirty days, and a son-in-law living in his mother-in-law's house. Rav Nachman disagrees and says malkus is only administered for being mekadesh in a private house without shidduchim, arguing that even with shidduchim such conduct constitutes pritzus. The fundamental question addressed is: what exactly is pritzus in this context, and what are Rav and Rav Nachman arguing about? The Gemara states that according to Shmuel, a woman betrothed in the shuk requires a get (divorce) if she wishes to marry someone else, indicating there is a safek (doubt) whether the kiddushin took effect. The shiur notes that according to Rav, even if the kiddushin did not take effect (following those who disagree with Shmuel), the man still receives malkus for the act itself—the pritzus lies in performing kiddushin publicly, regardless of its halachic validity.
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Kiddushin 12b
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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.
