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Why does chalipin (barter) not work for kiddushin when it works for acquiring fields? The shiur develops Rashi (רש"י)'s mehalech that chalipin is an exchange of promises, not an object-for-object transfer or monetary obligation. Unlike Tosfos who holds chalipin creates mammon gabach (monetary lien), Rashi understands the Gemara (גמרא)'s maskana: a woman cannot be acquired through mere promises—she requires actual delivery of something of value.
This shiur presents a detailed analysis of Kiddushin 3b focusing on the fundamental machlokes between Rashi (רש"י) and Tosfos regarding the nature of kinyan chalipin in kiddushin. Rabbi Zweig begins by reviewing Rav Yaakov Eiger's commentary on the Mishnayos, which raises questions from the Tosfos in Gittin about why a pasuk is needed to exclude eved ivri from being acquired through chalipin when a hekesh (comparison) from isha to amah ivriya to eved ivri should suffice. The core issue is understanding what changes between the havamina (initial assumption) and maskana (conclusion) of the Gemara (גמרא) regarding chalipin. Tosfos holds that in the havamina, chalipin was considered mamash kesef—it creates mammon gabach (a monetary lien). A pruta's worth of value creates actual monetary obligation, making chalipin part of toras kesef. According to Tosfos, the maskana retracts this: pachos mishaveh pruta (less than a pruta's worth) does not create mammon gabach, therefore it's not kesef at all—it's merely a maaseh kinyan showing gemirus daas (seriousness of intent). This answers why sover vekabel (accepting without protest) wouldn't work for kiddushin: since the maskana is that chalipin isn't an exchange at all but merely a symbolic act, it cannot create the kind of transfer required for kiddushin.
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Kiddushin 3b
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