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Why does the father receive the money when his daughter is betrothed? The Gemara (גמרא) derives this from the pasuk about an amah ha'ivriah going free—"ein kesef la'adon zeh, yesh kesef la'adon acher." The shiur unpacks Rashi (רש"י)'s multi-layered interpretation: by kesef, the father owns the money; by shtar, the father is mekabel the shtar; and by bi'ah, the father's permission controls even al korcha.
This shiur offers a granular analysis of Kiddushin 3b, focusing on the fundamental question: why does a father—not the daughter herself—receive the money of kiddushin? The Gemara (גמרא) begins with the Mishna that states "bekesef, bishtar, uv'bi'ah," and then asks "kesef mina lan"—from where do we know the father is entitled to the money? The answer cited is from the pasuk dealing with an amah ivriyah (Jewish maidservant): "yotzei'ah chinam ein kesef"—she goes free without money. The Gemara darshens: ein kesef la'adon zeh (no money to this master), v'yesh kesef la'adon acher (but there is money to another master)—i.e., to the father when she is betrothed. Rabbi Zweig begins by examining Rashi (רש"י)'s commentary, which takes a strikingly different approach to each of the three modes of kiddushin. By kesef, Rashi writes "kesef yesh lo"—the father owns the money. By shtar, Rashi states "u'mekabel ha'shtar"—the father is the one who receives the shtar. By bi'ah, Rashi writes "al korcha lashen kiddushin be'od na'arah"—the father has the power to authorize bi'ah even against the daughter's will (al korcha) as long as she is a na'arah. The shiur wrestles with why Rashi articulates each kenyan differently. If all three involve the father's authority, why doesn't Rashi describe them uniformly? One possibility raised is that Rashi is highlighting three distinct chiddushim: (1) by kesef, the novelty is that the father ultimately owns the money even if the ma'aseh kiddushin is performed with the daughter; (2) by shtar, the chiddush is that the father himself must be mekabel the shtar—the ma'aseh kiddushin is conducted with him; and (3) by bi'ah, the chiddush is that the father's consent is required and can override the daughter's lack of consent (al korcha).
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Kiddushin 3b
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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.