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How does a woman acquire her get when it lands in her courtyard and then rolls? The Rambam (רמב"ם) and Maggid Mishna seem unclear on whether a pisla (raised area) invalidates the divorce inside or outside dalet amos. The shiur develops a chiddush distinguishing kinyan yad from kinyan chatzer: a get that lands within dalet amos establishes a "yad" that expands as it rolls, but rolling onto a separate pisla creates "two places," invalidating the divorce.
This shiur analyzes a difficult Rambam (רמב"ם) in Hilchos Gerushin regarding the acquisition of a get (divorce document) through kinyan chatzer. The Rambam states that if a get falls within dalet amos (four cubits) of a woman, she is divorced. If it falls outside dalet amos, she is not divorced. However, if it lands within her domain but then rolls to a distant place (makom rachok), the Rambam distinguishes: if it rolls onto a regular part of the courtyard, the divorce is valid; if it rolls onto a pisla (raised area) that is at least dalet by dalet in size, the divorce is invalid. Rabbi Zweig begins by noting that the Maggid Mishna's explanation of this Rambam is extremely difficult to understand. The Maggid presents two possible interpretations, neither of which seems to fit the actual language of the Rambam. According to the first interpretation, the get must fall within dalet amos, and a pisla is problematic even within dalet amos. According to the second interpretation, the entire courtyard effects acquisition, but a pisla makes a difference only regarding whether it is within or outside dalet amos. The problem is that the Rambam's language—particularly the phrase "rachok mimenah" (distant from her)—seems incompatible with both readings.
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Gittin 77b
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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.
