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 28
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) A GILGUL OATH BY MONEY
(a) Question: This shows a Gilgul oath by prohibitions - from
where do we learn a Gilgul oath by monetary cases?
(b) Answer (Tana d'Vei R. Yishmael): We learn a Kal
va'Chomer: 1 witness cannot make a Sotah swear, yet when
she swears, Gilgul applies;
1. In monetary cases, 1 witness can force someone to
swear - all the more so, Gilgul applies!
(c) Question: This applies when the primary monetary oath is
in response to a definite claim - how do we learn Gilgul
when the primary oath is to offset a doubtful claim?
(d) Answer (Beraisa - R. Shimon bar Yochai): The Torah spoke
of oaths outside (the Mikdash, i.e. monetary oaths in
Beis Din) and oaths inside (the Mikdash, i.e. Sotah);
just as we do not distinguish definite claims from
doubtful claims regarding (Gilgul in) Sotah, also
(e) Question: How far may one force an oath through Gilgul?
(f) Answer (Rav Yehudah): Reuven may even force a man to
swear that he is not Reuven's slave.
(g) Objection: Reuven would be excommunicated for suggesting
1. (Beraisa): If Reuven calls Shimon (a Yisrael) a
slave - he is excommunicated; if he calls him a
Mamzer, he receives 40 lashes; if he calls Shimon
wicked, Shimon may ruin Reuven's income.
(h) Answer: He means, Reuven may force a man to swear that he
is not Reuven's Hebrew slave.
(i) Question: That is a proper monetary claim, why is it
considered the extent of Gilgul?
(j) Answer: Rava holds that a master bodily owns his Hebrew
slave, so it is not as an oath on Metaltelim.
(k) Question: It is as a normal oath on land - it is no more
a Chidush than the Mishnah!
(l) Answer: One might have thought, one can force a Gilgul
oath on land, since it is often sold quietly;
1. But word spreads about sale of slaves, if the claim
was true, we would know!
i. We hear, this is not so, he may make him swear.
(a) (Mishnah): Anything which is used as money to buy
something else, once one party acquires, the other party
suffers any loss to the object he bought (i.e. the
transaction is complete).
1. For example: If an ox was exchanged for a cow, or a
donkey for an ox, once one party gets his animal,
the other suffers any loss to the other animal.
(b) (Gemara): Coins are used to buy things - our Mishnah says
that coins can be used as Chalipin!
(c) Rejection (Rav Yehudah): No - the Mishnah means, anything
that must be appraised when used to buy something, once
one party acquires, the other party suffers any loss to
the object he bought.
3) ACQUISITION OF AND FROM HEKDESH
1. Support: The Mishnah gives examples - an ox was
exchanged for a cow, or a donkey for an ox.
(d) Question: According to the first reading of the Mishnah,
how were these examples understood?
1. Answer: The Mishnah teaches, not only vessels can be
used as Chalipin - for example, if an ox was
exchanged for a cow, or a donkey for an ox, once one
party gets his animal, the other suffers any loss to
the other animal.
2. This is as Rav Sheshes, who says that Chalipin does
not need to be with a vessel.
3. Question: Rav Nachman holds that only vessels make
Chalipin - how could he explain the Mishnah?
4. Answer: The Mishnah teaches, money sometimes makes
Chalipin - if one exchanged the value of an ox
(already bought but not paid for) for a cow, or the
value of a donkey for an ox.
5. Question: Why does this work?
6. Answer: This is as R. Yochanan, who says that
mid'Oraisa, money acquires Metaltelim;
i. Chachamim said that Meshichah works (and not
money), as a decree, lest damage will come to
the property still in the seller's domain, and
he will not be zealous to save it;
7. Reish Lakish holds that we learn Meshichah by
Metaltelim from the Torah. If he holds as Rav
Sheshes, he can explain the Mishnah as Rav Sheshes.
ii. Chachamim only decreed in common cases, not
when one buys with credit from a previous sale.
8. Question: If he holds as Rav Nachman, how can he
explain the Mishnah?
9. Answer: He must hold as Rav Sheshes.
(a) (Mishnah): The acquisition of (and from) Hekdesh is with
(b) Saying 'I give this to Hekdesh' is (an acquisition) as
handing it over to a regular person.
(c) (Gemara - Beraisa) Question: How does Hekdesh acquire
(d) Answer: If the Gizbar (treasurer of Hekdesh) gave money
to buy an animal, even if it is not here, Hekdesh
1. A person would not acquire it until he did
(e) Question: How is saying 'I give this to Hekdesh' as
handing it over to a regular person?
(f) Answer: If he says 'This ox is a burnt-offering', or
'this house is Hekdesh' - even if the ox or house is not
here, it takes effect;
1. A person would not acquire until he did Meshichah on
the ox or Chazakah on the house.