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Why can't a woman be mekudeshes through chalipa (barter)? Rashi (רש"י) explains that chalipa functions as a true exchange, and a woman will not exchange herself even for an object worth more than a shava peruta—that's a genai. Kesef works differently: it's not exchange but ritual, and the shiur clarifies Tosafos (תוספות)'s challenge to this approach.
The shiur analyzes the Gemara (גמרא) on Kiddushin 3b concerning Rav Huna's position that chupa can be koneh (acquire) a woman for marriage through a kal v'chomer. The primary focus shifts to understanding Rashi (רש"י)'s approach to why chalipa (barter/exchange) is rejected as a valid form of kiddushin, despite the Gemara's initial havamina that it should work. Rashi's position is that chalipa is fundamentally a form of exchange (barter), similar to kesef, but with a critical distinction. When the Gemara rejects using chalipa for kiddushin with "lamutei mai—lamutei chalipa," Rashi explains that even though the object used might be worth more than a shava peruta, if it must be returned (less than shava peruta in actual benefit), it constitutes a "genai" (degradation) for the woman. The shiur wrestles with understanding what exactly this genai means.
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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.
