A free account is required to play audio and download files.
No community start suggestion yet.
What distinguishes a forbidden kedeshah relationship from permitted pilegesh or marriage? The shiur examines the Rambam (רמב"ם)'s difficult formulation "kol haboel ishah l'shem zenus belo Kiddushin" and the machlokes Rishonim about whether pilegesh requires Kiddushin. The tension between the Rambam's ruling in Hilchos Ishus and Hilchos Melachim frames the core question of when a relationship crosses into biblical prohibition.
This shiur addresses a fundamental question in the laws of marriage and forbidden relationships: what is the precise boundary between permitted and prohibited intimate relationships? The discussion centers on the Torah (תורה) prohibition of "Lo Sihyeh Kedeshah" and how it relates to various forms of relationships including marriage (ishah), pilegesh (concubine), and common law arrangements. The shiur begins by laying out the framework of potential prohibitions. There is a biblical negative commandment of Lo Sihyeh Kedeshah. Beyond that, there may be violations of the positive commandment of Kiddushin. Then there is the status of pilegesh, which the Rishonim dispute—some hold it is forbidden, others permit it. Finally, there is formal Kiddushin and the masechta's subject of how a woman enters marriage.
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 2a
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.
