Photo Credit: Jewish Press

I believe that the answer is requires a better understanding of what keddushin really is. Keddushin is not a real acquisition. Contrary to what many may wish to believe, a husband does not own his wife. When a man performs an act of a kinyan on a woman it creates another type of transaction, marriage. Keddushin is a state that two parties enter into by means of a kinyan. However, the woman does not belong to her husband. The state of keddushin does require certain obligations from each of the bound parties.

Therefore the sale of Me’aras Hamachpela is indeed an ideal source for the fact that one may use money to off set the status of keddushin. For in both scenarios an actual acquisition was not accomplished by the kinyan.

Advertisement




This also answers another question. The Gemara in Keddushin 26a says that the source in the Torah that one may use kesef to acquire land is from a pasuk in Yirmeyahu. Tosafos’s there asks why the Gemara did not cite the pasuk in this week’s parsha as a source for this halacha. Based on what we have explained, the Gemara could not have cited the pasuk by Avraham Avinu’s acquiring of Me’aras Hamachpella as a source for all real estate acquisitions, for Avraham had already owned the land.


Share this article on WhatsApp:
Advertisement

1
2
SHARE
Previous articlePoll: More than 6 in 10 Reject Obama’s Handling of ISIS
Next articlePlanning a Vacation?
Rabbi Fuchs learned in Yeshivas Toras Moshe, where he became a close talmid of Rav Michel Shurkin, shlit”a. While he was there he received semicha from Rav Zalman Nechemia Goldberg, shlit”a. He then learned in Mirrer Yeshiva in Brooklyn, and became a close talmid of Rav Shmuel Berenbaum, zt”l. Rabbi Fuchs received semicha from the Mirrer Yeshiva as well. After Rav Shmuel’s petira Rabbi Fuchs learned in Bais Hatalmud Kollel for six years. He is currently a Shoel Umaishiv in Yeshivas Beis Meir in Lakewood, and a Torah editor and weekly columnist at The Jewish Press.