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How can Chachamim retroactively annul a marriage when they lack authority over the actual kiddushin? The shiur develops Rashi (רש"י)'s two-step mechanism: the get cancels the kinyan going forward, then Chachamim retroactively void the ishus relationship itself.
This shiur analyzes the complex mechanics of 'afkainan kidushin' (we annul the kiddushin) as explained by Rashi (רש"י) on Kesubos 3a. The central question is how the Chachamim can retroactively invalidate a marriage when they don't have direct authority over the kiddushin itself. Rashi presents a sophisticated two-part process. First, the get works to cancel the kinyan (monetary acquisition) aspect of the marriage, but only going forward (mikan l'haba), not retroactively. This creates a situation where the woman is divorced according to Torah (תורה) law from that point forward. However, the ishus (marital relationship) component remains intact retroactively until the second step occurs.
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Kesubos 3a
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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.
