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Can a kiddushin work when someone else gives the money? The shiur explores the fundamental chakira between Rashi (רש"י), Rambam (רמב"ם), and Rosh regarding eved kena'ani: does it teach that another's money can suffice, or that another's ma'aseh nasina can create the kinyan? The analysis extends to understanding the parallel yesod in arev and hoda'as ba'al din—how one becomes obligated for money never actually received.
The shiur analyzes a fundamental question in kiddushin: what is the din of eved kena'ani (the Canaanite slave who redeems himself), and how does it enable a kiddushin to work when a third party gives the money to the woman? Rabbi Zweig develops a complex chakira between three major Rishonim—Rashi (רש"י), the Rambam (רמב"ם), and the Rosh—each offering a different understanding of what eved kena'ani teaches us. The shiur opens with a discussion of the parallel concept of arev (guarantor) and its relationship to hoda'as ba'al din (admission of obligation). Rabbi Zweig explains that according to the Rambam's approach, when someone says "I owe you money," this creates an actual chiyuv (obligation), not merely a promise to give a present. The yesod here is that a person has the koach (power) to create an obligation on himself as if he had actually received money, even though no money changed hands. This is the mechanism underlying both hoda'as ba'al din and arev—in both cases, money that was never actually received can nevertheless create a real chov (debt).
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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.
