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Can a woman be married through coercion? The shiur unpacks three Rishonic approaches to forced kiddushin: the Rashba treats it purely as kinyan law (parallel to Bava Basra), the Smag says ishus cannot be forced at all, and the Rambam (רמב"ם) splits kiddushin into two components—a transactional kinyan and an ishus element. The analysis of "rotzani" reveals how acquisition differs fundamentally from commitment.
This shiur explores a fundamental machlokes Rishonim about the nature of kiddushin by analyzing the Gemara (גמרא)'s discussion of whether a woman can be mekudeshes through force (bal karcha). The question centers on whether kiddushin operates under the laws of kinyanim (transactional acquisition) or whether it requires a unique element of ishus (a woman dedicating herself to a man). The Rashba learns that our Gemara in Kiddushin 2a-b is completely parallel to the Sugya in Bava Basra regarding forced sales. According to him, the principle of "tluhu v'zavin, zvina zvina" (if you force someone to sell, the sale is valid) applies equally to kiddushin. The underlying mechanism is "agav unsa gamar u'makneh"—under pressure, we assume the person ultimately consents. The Rashba holds that kiddushin is fundamentally a kinyan, governed by the same transactional laws as buying and selling. The only limitation is "afkinu rabanan l'kiddushin minei" according to Mar bar Rav Ashi—the Rabbanan annulled such kiddushin, but min haTorah it would be valid.
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Kiddushin 2a-b
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