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Can one be mekadesh a woman by extending the duration of a loan or forgiving its repayment? The shiur analyzes the machlokes Rishonim on whether kiddushin b'hanoas milva requires an actual transfer of value. The Rambam (רמב"ם) requires the husband to give his money for her use beyond the loan term, while Rashi (רש"י) permits kiddushin through a service (delaying collection) that has monetary value, exploring the distinction between ribis ketzutsa and legitimate hanoa.
This shiur presents an in-depth analysis of Kiddushin 6b, examining the fundamental dispute between the Rambam (רמב"ם) and Rashi (רש"י) regarding the mechanism of kiddushin b'hanoas milva—betrothal through the benefit derived from a loan. The Gemara (גמרא) discusses a case where a man lent a woman money and seeks to betroth her through some benefit related to that loan. The Rambam in Hilchos Ishus rules that one who is mekadesh through a loan is mekudeshes in the following manner: if he lent her a sum (say, two hundred zuz) and said, "You are betrothed to me for the period of time I have given you this loan—it will be due in such-and-such days—and I will not demand payment from you (eini tovea mimech) until a certain later date," she is mekudeshes. The Ran explains that the Rambam disputes other Rishonim who understand the Gemara to be discussing a case where the zman (term) of the loan was extended in the middle of the loan period (emtza d'halva), which would constitute ribis. The Rambam holds this interpretation is d'varim she'ein ro'i l'shomem—an unlikely reading—because the Rambam maintains that even though milva koneh (a loan creates acquisition) in hilchos mekach u'memkar, kiddushin requires an actual transfer at the time of kiddushin (tzricha nesina b'shas kiddushin). Therefore, extending the loan after it was already given does not constitute a nesina.
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Kiddushin 6b
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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.
