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What makes a marriage acquisition valid when the usual roles are reversed? The shiur analyzes whether kiddushin can occur when she gives money and he accepts (nasan hi v'amar hu), versus when he gives and she speaks (nasan hu v'amra hi). Through a deep analysis of Rashi (רש"י), Tosafos (תוספות), and the gezeirah shava of ki yikach, the shiur reveals that the kinyan itself—not just the money transfer—must be part of the ma'aseh kiddushin.
The shiur provides a comprehensive analysis of Kiddushin 5b, focusing on the fundamental question of what constitutes a valid ma'aseh kiddushin (act of betrothal). The central sugya revolves around four possible scenarios: nasan hu v'amar hu (he gives and he speaks), nasan hu v'amra hi (he gives and she speaks), nosna hi v'amar hu (she gives and he speaks), and nosna hi v'amra hi (she gives and she speaks). The Gemara (גמרא)'s discussion centers on which combinations are valid. Rashi (רש"י) and Tosafos (תוספות) present fundamentally different approaches to understanding the pasuk of "ki yikach" and its relationship to the din of "yotzei'ah chinam ein kesef." Rashi learns that ki yikach teaches that nosna hi v'amra hi is invalid—when she gives and she speaks, there is no valid kiddushin. The problem according to Rashi is that the woman cannot effectuate the kiddushin through her own action and speech. The pasuk ki yikach velo ki sikach establishes that he must take, not that she should take.
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Kiddushin 5b
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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.
