POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
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Previous daf Kidushin 14
KIDUSHIN 14&15 - sponsored by a generous grant from an anonymous donor. Kollel Iyun Hadaf is indebted to him for his encouragement and support and prays that Hashem will repay him in kind.
1) YIBUM AND CHALITZAH
(a) (Mishnah): A Yevamah is acquired through Yibum...
2) DEATH OF THE YAVAM
(b) We learn this from "Her Yavam will have relations with
her and take her as a wife".
(c) Suggestion: All methods of engaging a wife should acquire
(d) Rejection (Beraisa): One might have thought, money or a
document can fully acquire a Yevamah, just as relations -
"He will do Yibum to her", only relations fully acquire
(e) Question: Perhaps "He will do Yibum to her" only teaches
that relations acquire her against her will!
(f) Answer: Had the Torah only said "He will do Yibum", we
would only learn that only relations fully acquires her;
1. "To her" teaches that they acquire her against her
(g) (Mishnah): (She acquires herself through) Chalitzah...
(h) We learn from "His name will be called in Yisrael 'the
house of the removed shoe'" - once the Yevamah removed
his shoe, she is permitted to anyone in Yisrael.
(i) Question: This verse is used to teach something else!
1. (Rav Shmuel bar Yehudah): "In Yisrael" - the Beis
Din for Chalitzah must have judges of Yisrael, not
(j) Answer: Two verses say 'In Yisrael".
(k) Question: But the other verse is also needed!
1. (Beraisa - R. Yehudah): Chalitzah was done before R.
Tarfon; he told us to say twice "The one whose shoe
(l) Answer: That is learned from "His name will be called",
not from "In Yisrael".
(a) (Mishnah): "Or the death of the Yavam".
(b) This is learned from a Kal va'Chomer: relations with a
married woman is punishable by (death by) choking, yet
death of the husband permits her;
1. Relations (of a stranger) with a Shomeres Yavam is
punishable by a Lav - all the more so, death of the
Yavam permits her!
(c) Question: We cannot learn from a married woman, for she
is permitted through a Get, whereas a Yevamah is not!
(d) Answer: Chalitzah permits a Yevamah just as a Get permits
a married woman.
(e) Question: We cannot learn from a married woman, for the
one who forbids her (her husband) can permit her (through
(f) Answer (Rav Ashi): Also here - the Yavam forbids her, he
permits her through Chalitzah!
(g) Suggestion: A Kal va'Chomer should teach that Chalitzah
permits a married woman.
1. A Get does not permit a Yevamah, but Chalitzah does
- a Get permits a married woman, all the more so
(h) Rejection: "A Sefer of cutting" - a Sefer (Get) cuts her
from her husband, and nothing else cuts her from him.
(i) Suggestion: A Kal va'Chomer should teach that a Get
permits a Yevamah.
1. Chalitzah does not permit a married woman, but a Get
does - Chalitzah permits a Yevamah, all the more so
a Get should!
(j) Rejection #1: "Thusly (will be done to the Yavam)" -
'thusly' denotes a requisite, there is no alternative (to
(k) Objection: Is it really true that whenever the Torah
writes a requisite, we do not expound a Kal va'Chomer?!
1. Regarding Yom Kipur, it says "Lottery" and
(l) Rejection #2: "(A Sefer of cutting will be written) for
her (a married woman)" - for her and not for a Yevamah.
2. (Beraisa): "He will offer it a sin-offering" - the
lottery designates 1 of the goats to be a
sin-offering, not naming it (calling it a
i. One might have thought to learn a Kal
va'Chomer: Naming works where the lottery does
not (to designate which bird will be the
sin-offering, which the burnt-offering) - all
the more so, naming should work (on Yom Kipur)
where the lottery works - the above verse
teaches, this is not so.
ii. If not for the verse, we would have learned a
Kal va'Chomer, even though it says "Statute"!
1. Question: Why not learn, "for her" - it must be
(m) Rejection #3: "(She will take off his) shoe" - she only
becomes permitted through a shoe.
2. Answer: We do! 2 verses say "for her", so we can
3. Question: The other verse is needed to teach "for
her", not for 2 women in 1 Get!
(n) Question: We learn something else from this verse!
1. (Beraisa): "His shoe" - one might have thought, the
Yavam must be wearing his own shoe - the Torah
repeats "Shoe", to include another man's shoe.
2. Question: If so, why did the Torah say "his shoe"?
3. Answer: To teach, it must be fitting for him - this
excludes a shoe too big for him to walk in, or too
small, that does not cover most of his foot, or an
open shoe that has no sole.
(o) Answer: The Torah wrote "the shoe", to teach our law
(that a Get does not work) also.
3) ACQUISITION OF A HEBREW SLAVE
(a) (Mishnah): A Hebrew slave can be acquired through money
or a document; he acquires his freedom through (finishing
his 6) years (of service), the Yovel year, or redemption
(based on the remaining time he should have served);
4) THE GEZEIRAH SHAVAH
(b) A female Hebrew slave has an additional way to go free -
when she becomes a Na'arah.
(c) A Nirtza (slave whose ear was pierced) is acquired
through the piercing of the ear; he goes free in Yovel or
when the master dies.
(d) (Gemara) Question: From where do we know that a Hebrew
slave can be acquired through money?
(e) Answer: "(He will be redeemed) from the money of his
purchase" teaches that he can be acquired through money.
(f) Question: That is written by a Yisrael that sold himself
to a Nochri, for he always acquires with money; how do we
know regarding a Yisrael that sells himself to a Yisrael?
(g) Answer: "She will be redeemed" - this teaches that her
redemption is reduced (from her purchase price, according
to the years she worked) and she goes free.
(h) Question: This applies to a female Hebrew slave - since a
Bas Yisrael is engaged with money, she is bought for
money (since this may turn into engagement);
1. From where do we know a male Hebrew slave?
(i) Answer: "A male or female Hebrew slave" - the verse
(j) Question: That verse is by a slave sold by Beis Din,
since he is sold against his will (to pay for what he
1. From where do we know a man that sells himself?
(k) Answer: From a Gezeirah Shavah "Sachir-Sachir" (equating
one sold by Beis Din to one who sells himself).
(l) Question: There is a Tana that does not learn from this
Gezeirah Shavah - how will he learn?
(m) Answer: "And when he will attain (money to redeem
himself)" - this connects one who sells himself to a
Yisrael with one who sells himself to a Nochri.
1. Just as the latter is acquired with money, also the
(a) Question: Who is the Tana that does not learn from the
(b) Answer #1: Chachamim (the first Tana) of the following
1. (Beraisa): One who sells himself as a slave - he may
be sold for 6 years or longer; he cannot become a
Nirtza (have his ear pierced, to remain a slave
until Yovel); he does not receive gifts when he goes
free; and his master cannot mate him with a
(c) Rejection (Rav Tivyomi): No, all learn the Gezeirah
Shavah. Chachamim expound verses (in the Parsha of one
sold by Beis Din) to override the Gezeirah Shavah
regarding these 4 laws.
2. One who is sold by Beis Din - he may only be sold
for 6 years; he can become a Nirtza; he receives
gifts when he goes free; and his master can mate him
with a Shifchah (Kana'anis slave).
3. R. Elazar (some texts - R. Eliezer) says, in either
case he may only be sold for 6 years, he can become
a Nirtza, he receives gifts when he goes free, and
his master can mate him with a Shifchah.
4. Suggestion: Chachamim do not learn the Gezeirah
Shavah; R. Elazar does.
(d) Question #1: How do Chachamim learn regarding the term of
(e) Answer: "He will serve you for 6 years" - not one who
sells himself (he may serve longer).
1. R. Elazar expounds "He will serve you" - but not
2. Chachamim learn this from another verse that says
"He will serve you".
3. R. Elazar says, the other verse comes to appease the
master (that he received much work, so he will
happily give gifts when the slave leaves).