Kiddushin 7a: Shlichus and Kesef in Marriage - Rashi vs. Rashba

Full Summary

This shiur focuses on Kiddushin 7a and examines a fundamental machloket (dispute) between Rashi (רש"י) and the Rashba regarding how kiddushin works when performed with someone else's money. The central question is whether one can say 'harei at mekudeshes li with the money that he gave you' without establishing formal shlichus (agency). Rabbi Zweig explains that according to Rashi, shlichus is essential - without it, the nasina (giving) cannot be considered the maseh kinyan (act of acquisition) of the mekadesh (one performing kiddushin). The Rashba, however, holds differently, arguing that someone else's money can create a kinyan kesef even without shlichus. The shiur explores the proof from Eved Kanani (Canaanite slave), where someone can free a slave by paying the master, even though the slave himself isn't giving the money. According to Rashi, this case works because the slave is always considered to be makne (transferring ownership of) himself - the money merely removes the master's ownership rights. The Rashba interprets this differently, viewing it as a regular kinyan kesef where the slave's nasina is considered equivalent to his own giving (nasina she'acher chashuvah k'nasina shelo). This leads to complex questions about how the slave can be considered the giver when he's not physically providing the money. The analysis extends to the Rambam (רמב"ם)'s position, which states that one should say 'harei at mekudeshes li with the hana (benefit) that you received because of me' rather than with the money itself. This raises additional questions about whether the Rambam's approach can be reconciled with the case of Eved Kanani, since a slave cannot give hana to his master, and the entire process occurs against the slave's will (ba'al korcho). The shiur concludes by suggesting that perhaps the Rambam doesn't hold that kiddushin works exactly the same way as Eved Kanani, but rather applies a similar principle in a different manner - the husband must actually give something himself (the hana) to be mekadesh the woman, whereas by a slave, the slave can be made to acquire himself even without his active participation.