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Why wasn't Bathsheba forbidden to Dovid after her relations with him? Rashi (רש"י) and Tosafos (תוספות) offer different approaches to when a woman becomes forbidden to others. The Rashash proposes that the prohibition depends on whether the husband actually knows of the adultery, not just the objective violation.
This shiur analyzes a fundamental disagreement between Rashi (רש"י) and Tosafos (תוספות) regarding why Bathsheba was not forbidden to King Dovid after their relationship. The Gemara (גמרא) asks why she wasn't forbidden to Dovid, given that she was married to Uriah and had been with another man. Rashi explains that she should be forbidden to Dovid because "many people knew" (harbeh adam yodu), suggesting that public knowledge creates the prohibition. Tosafos, however, argues that Dovid himself knew about the relationship, which should be sufficient grounds to forbid her to him, based on the principle that one who knows of adultery cannot be with that woman.
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Kesubos 9a
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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.
