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Why does a woman remain unmarried when given an object worth exactly the amount specified, but without prior evaluation? Rashi (רש"י) reads the Gemara (גמרא) in reverse of other Rishonim: the problem isn't that she fears it's worth less, but that in kiddushin (unlike business) she expects the groom's generosity means it's worth much more. The shiur develops how this transforms kiddushin into an act requiring her active haknaa—self-transfer as an object—which fails when her daas was premised on inflated value.
This shiur delivers an intricate analysis of Kiddushin 7b, focusing on the machlokes between Rabba and Rav Yosef regarding whether kiddushin performed with an object of uncertain value requires shuma (evaluation) beforehand. Rabbi Zweig opens by outlining a series of fundamental difficulties in Rashi (רש"י)'s interpretation, including: what is the chiddush of the Gemara (גמרא)'s ruling, why is there a lack of smichas daas (reliance/mental commitment) when the object turns out to be worth exactly what was stated, why does Rashi require explicit language of "kol duhu" (whatever it's worth), and why does Rashi switch from treating kiddushin as performed with the object itself to treating it as performed with monetary value? The shiur's core thesis is that Rashi understands the Gemara in a fundamentally opposite way from the Rambam (רמב"ם) and most Rishonim. According to the standard reading, the concern is that the object may be worth *less* than stated, undermining the woman's commitment. Rashi, however, holds that the concern is that she thinks it's worth *more*. This reading is grounded in a fundamental insight into the unique nature of kiddushin: unlike a commercial transaction (mekach u'memkar), where buyer and seller are adversarial and each tries to minimize cost or maximize gain, kiddushin is a context of generosity and good faith. A groom giving a gift understates rather than overstates its value—like giving something from Tiffany's without mentioning the price tag. Therefore, when he says "worth fifty," she naturally assumes he is being modest and the item is worth far more—perhaps five thousand. This is a rational expectation in the kiddushin context, and it creates a fundamental lack of smichas daas.
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Kiddushin 7b
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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.