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What does it mean when someone says "half of me be married to you" or "marry half of you"? The Gemara (גמרא) initially suggests this violates "ish v'lo chatzi ish" (a man, not half a man) and "isha v'lo chatzi isha" (a woman, not half a woman). The shiur examines whether the maskana learns these as actual pesukim prohibiting partial kiddushin, or merely as expressions meaning "I want to marry someone else too," and explores the major dispute between Rashi (רש"י) and the Rambam (רמב"ם) on how to understand this sugya.
This shiur analyzes Kiddushin 7a, which presents the enigmatic case of someone attempting to create a kiddushin relationship with "half" of a person. The Gemara (גמרא) states: "Amar lah 'hiskadshi li l'chatzi'" (he says "be married to half of me") — she is mekudeshes; but "chatzyach mekudeshes li" (half of you be married to me) — she is not mekudeshes. The Gemara's initial explanation is "ish amar rachmana v'lo chatzi ish" (the Torah (תורה) says "a man" not "half a man") and similarly "isha v'lo chatzi isha" (a woman, not half a woman). Rabbi Zweig identifies a fundamental machloket Rishonim in understanding the Gemara's maskana. The Gemara concludes "itzla b'trei lo chazi, v'gavar li lo chazi b'trei" — a woman cannot be married to two men, but a man can be married to two women. The question is whether this maskana completely replaces the earlier drasha from pesukim, or whether both the pesukim and this svara remain operative as independent halachos.
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Kiddushin 7a
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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.
