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 27
KIDUSHIN 24-30 (9-15 Sivan) - This week's study material has been
dedicated by Mrs. Rita Grunberger of Queens, N.Y., in loving
memory of her husband, Reb Yitzchok Yakov ben Eliyahu
Grunberger. Irving Grunberger helped many people quietly in an
unassuming manner and is dearly missed by all who knew him.
His Yahrzeit is 10 Sivan.
1) ACQUISITION OF METATELIM WITH LAND
(a) Answer #4 (Mishnah): R. Gamliel and Chachamim were on a
boat. He said 'The tithe (Ma'aser Rishon) I will later
measure off, it is given to R. Yehoshua, and I rent to
him the area it rests on;
2) CONDITIONS OF THE ACQUISITION
(b) Another tithe (Ma'aser Ani) I will later measure off, it
is given to R. Akiva, to acquire it on behalf of the
poor; I rent to him the area it rests on.'
1. This shows that the Metaltelim must be on the land
(c) Rejection: It does not - R. Gamliel rented them the land
so they could leave the produce there as long as they
(d) Answer #5 (Rabah bar Yitzchak): There are 2 cases of
documents: Reuven said 'Acquire this land for Peloni and
write the document' - Reuven may retract his
authorization to write the document, but he cannot
retract the gift;
1. 'Acquire for Peloni on condition that you write the
document' - Reuven may retract (his authorization to
write) the document and the gift.
(e) Objection: A document is a special case, it is as a
handle on the land, we cannot learn to other Metaltelim!
2. (R. Chiya bar Avin): There is a third: a Mishnah
teaches, we may write a document for the seller even
if the buyer is not there. When the buyer acquires
the land through Chazakah, he acquires the document,
no matter where it is.
i. This shows, the Metaltelim need not be on the
(f) Answer: (Beraisa): This illustrates the Mishnah
'Metaltelim is acquired with land, through money, a
document, or Chazakah'.
1. We see, all Metaltelim is as the document, it need
not be on the land.
(a) Question: Must the giver say 'acquire Agav (by way of)'?
(b) Answer #1: In all the above cases, the giver did not say
'Agav' - we see, it is not needed!
(c) Rejection: Nor did he say 'acquire', but surely this is
needed - perhaps 'Agav' is also needed!
1. The law is, the Metaltelim need not be on the land,
but the giver must say 'Agav' and 'acquire'.
(d) Question: Can one sell Metaltelim Agav a gift of land?
(e) Answer (Mishnah): 'The tithe I will measure off is given
to R. Yehoshua, and I rent to him the area it rests on'.
(Rental is as a sale.)
(f) Question: Can one give the land to Reuven and the
Metaltelim to Shimon?
(g) Answer (Mishnah): Another tithe I will measure off is
given to R. Akiva, to acquire it on behalf of the poor; I
rent Lo (to him) the area it rests on.'
(h) Rejection #1: No - he meant, 'I rent Lo (for the Ma'aser)
the area it rests on'.
(i) Rejection #2: We cannot learn from there - R. Akiva is as
the hand of the poor, it is as if the land was given to
the recipient of the Metaltelim.
(j) (Rava): Agav only works if all the money was given; if
only part was given, he only acquires according to what
1. Support (Beraisa): In some respects, money is a
stronger acquisition than a document; in other ways,
a document is stronger;
i. Money can redeem Hekdesh and Ma'aser Sheni, a
2. In some respects, money and documents are stronger
acquisitions that Chazakah; in other ways, Chazakah
ii. A document can divorce a married woman, money
i. Money and documents acquire Hebrew slaves,
Chazakah does not;
ii. Chazakah is stronger than them, for one can
acquire 10 fields in different places by making
3) THE GILGUL OATH
(k) This Beraisa also supports Shmuel.
iii. This is only if he gave the money for all of
them - if not, he only acquires according to
what he gave.
1. (Shmuel): One who bought 10 fields in different
places can acquire them all by making 1 Chazakah.
2. [Version #1 - Support (of Shmuel - Rav Acha brei
d'Rav Ika): If one hands over 10 animals in 1 leash,
they are all acquired.
3. Rejection: That case is different, for they are all
in the hands of the receiver - this is not true by
4. [Version #2 - Question (against Shmuel - Rav Acha
brei d'Rav Ika): If one hands over 10 animals in 1
leash and said 'Acquire this one', only 1 is
5. Rejection: That case is different, for they are
distinct animals - but all land is connected!]
(a) (Mishnah): One who must swear on Metaltelim...
(b) (Ula): We learn an oath of Gilgul (that once forced to
swear, one can be forced to swear about additional
things) from Sotah.
1. (Mishnah): "She will answer 'Amen, Amen'" - she
accepts the curse and the oath; she swears that she
did not have adultery with this man or any other
man; that she did not have adultery during Kidushin
or Nisu'in, while a Shomeres Yavam or after Nisu'in.
2. Question: What is the case of during Kidushin?
i. Suggestion: He warned her during Kidushin, and
she is currently Mekudeshes.
3. Answer #1: Rather, he warned her during Kidushin and
she is drinking after Nisu'in.
ii. Rejection (Mishnah): A woman that is Mekudeshes
or a Shomeres Yavam does not drink and does not
get a Kesuvah, because the Torah said 'Under
4. Objection: If so, the water would not test her (if
she was secluded during Kidushin).
i. "(Her husband) will be clean from sin" - the
water only tests her if he is clean from sin
(and he is not, for he had Chupah with her
after she was secluded)!
5. Answer #2: Rather, he warned her during Nisu'in; he
makes her swear about Kidushin through Gilgul.