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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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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.
