Kiddushin 7b: Chatzi Isha — Partnership vs. Marriage in the Law of Hispashtus

The shiur analyzes the Gemara (גמרא) on Kiddushin 7b which discusses the case of a man who says "chatzi isha mekudeshes li" (half the woman is betrothed to me) or "chetziyach mekudeshes li." The Gemara raises the question of why the kedusha (sanctity) doesn't spread from the half to the whole woman through the principle of hispashtus, just as kedusha spreads in hekdesh (consecration) of animals. The Gemara answers that "da'as acheres ma'akeves" — another person (the woman herself) is resisting. The shiur presents a fundamental machloket Rishonim in understanding this sugya. Rashi (רש"י) and Tosafot understand that the problem is that the woman did not agree to the second half. She only consented to what she heard — chatzi — and therefore the kedusha cannot spread to the second half. According to this approach, if she would agree to the whole thing, then even saying "chatzi" would result in full kiddushin through hispashtus. Tosafot adds a critical condition: this only works if one uses the lashon of kedusha ("mekudeshes"), not the lashon of erusin ("me'oreses"). According to Tosafot, what spreads in hispashtus is not the chalos (the status that takes effect) but rather the dibur (the verbal act) or ma'aseh kiddushin itself. Therefore, one must use language of kedusha for hispashtus to work.