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Why aren't women obligated in pidyon haben and bris milah? The shiur develops a fundamental Rashi (רש"י)-Tosfos dispute about what makes a mitzvah (מצוה) "time-bound." Rashi distinguishes between passage of time (not time-bound) and specific dates or day/night requirements (time-bound), explaining why pidyon haben—triggered by thirty days passing—is not zman gerama. The second half tackles a difficult Gemara (גמרא) about whose mitzvah pidyon haben is: the father's or the child's.
This shiur on Kiddushin 29a begins with a practical question: when do you make the seudah for a mitzvah (מצוה)—before or after? At a bris, the meal often comes first. At pidyon haben, the meal precedes the mitzvah. But at a siyum during the Nine Days, you do the siyum first, then eat. Rabbi Zweig uses this to introduce a fundamental principle: seudas mitzvah is not about celebrating the mitzvah itself, but about marking a life-cycle change. According to Rashi (רש"י), pidyon haben has a seudas mitzvah because it marks the child becoming a bar kayama—no longer a safek nefel. The Gemara (גמרא) in Bava Kamma 80a records a dispute whether Rav Shimon and Rav Asi were going to a "shavu'i haben" (bris) or "yeshu'i haben." Rashi says yeshu'i haben is pidyon haben. Tosfos says it refers to shalom zachor, celebrating the child's escape from danger at birth. This dispute reflects a deeper machlokes: Rashi holds pidyon haben's thirty-day waiting period is to ensure the child is not a nefel. Tosfos (in Yevamos 11a) asks that if the child has kol chodashav (full development), there's no safek nefel, so why wait thirty days? Tosfos holds thirty days is simply a gezeiras hakasuv. The shiur explores when a seudah is permitted: wherever the life-cycle change happened before the mitzvah (like thirty days passing), you can eat first, then do the mitzvah to explain the change. But where the mitzvah itself creates the change (like at a bris), the seudah follows.
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Kiddushin 29a
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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.