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How does borei v'shem testimony interact with chazakah to allow extracting money from a muchzik? The shiur develops that a ketubah transforms the husband from a muchzik into a tafus, making this a gezeilah question rather than a chiyuv question. This framework resolves contradictions between this sugya and other Talmudic passages.
This shiur provides an in-depth analysis of Kesubos 12b, focusing on the fundamental tension between the principle of borei v'shem lav borei yodeif (one who knows vs. one who doesn't know - the one who knows doesn't win) and our sugya where a woman can extract her ketubah payment through borei v'shem combined with either migo or chazakah. The shiur begins by examining the Mishna's case where a woman claims 'mishesheitani nesasi' (when you married me I was already married), and the dispute between Rabban Gamliel (who believes her) and Rabbi Yehuda (who doesn't). Rabbi Zweig presents several major kashos from Rishonim. The Rabbeinu Yonah's question involves a contradiction with daf 9's ruling about chutzvi bas gimel cases, where similar borei v'shem testimony should work. The Rosh challenges this, arguing that our case involves borei garuah vs. shem tov (weak knowledge vs. good testimony), unlike the equal-standing case on daf 9. The Mordechai's kasha addresses why migo l'hotzi (migo to extract money) works here when generally mamon ein holchin achar rov (in monetary matters we don't follow majority). The Shach questions this proof since our case involves a ketubah (document). The Tosafos (תוספות) Rid asks about an apparent contradiction with Bava Kamma 46a regarding shor shenagach haparah cases.
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Kesubos 12b
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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.
