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Can two men marry two women using a single pruta shared between them? The Gemara (גמרא)'s principle of "bosor nosen umekabel azlinan" reveals a fundamental distinction: kiddushin is a religious ceremony in which people can share participation, unlike hilchos kinyanim where each acquisition requires its own complete pruta. This yesod explains why the same mechanism cannot work for simultaneously buying two separate cows.
The shiur analyzes a complex Gemara (גמרא) on Kiddushin 7b dealing with the question of whether two brothers can marry two sisters using a single pruta, with the father serving as shaliach. The fundamental question is whether we follow "bosor nosen" (we look at the giver) or "bosor mekabel" (we look at the receiver) when determining if there is a valid shver pruta for kiddushin. Rashi (רש"י) and Tosafos (תוספות) disagree on the details of the case. Tosafos holds that by daughters who are gedolos (adult), the father would be their shaliach, and therefore two prutos would definitely be needed. Therefore, Tosafos explains the Gemara is discussing ketanos (minors), where the father's acceptance is sufficient. Rashi, however, does not specify ketanos, suggesting that even by gedolos, one pruta suffices. This implies that even when the sons are shluchim (agents), only one pruta is needed. The Rambam (רמב"ם) similarly rules "stam" (without qualification), implying the halacha (הלכה) applies even to gedolos.
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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.
