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Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
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Previous daf Kidushin 37
KIDUSHIN 36-40 - 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) MITZVOS OF ERETZ YISRAEL
(a) (Mishnah): Any Mitzvah that is dependent on land - it
only applies in Eretz Yisrael;
2) MITZVOS THAT BEGIN IN ERETZ YISRAEL
1. Any Mitzvah that is not dependent on land - it also
applies in Chutz La'aretz, except for Orlah (the
prohibition to eat fruit in the first 3 years of a
tree) and Kil'ayim (mixed seeds);
(b) (Gemara) Question: What does it mean 'is dependent on
2. R. Eliezer says, also Chadash (eating new grain
before the Omer offering is brought).
1. Suggestion: The Torah said to keep this Mitzvah when
you come to Eretz Yisrael.
(c) Answer (Rav Yehudah): Any Mitzvah that is done with the
land or things that grow on it;
2. Rejection: This language is used by Tefilin and
redemption of a firstborn donkey, yet they also
apply in Chutz La'aretz!
1. Any other Mitzvah is an obligation on the person,
and applies in Chutz La'aretz as well.
(d) Question: From where do we know this?
(e) Answer (Beraisa): "These are the statutes...in the land"
- one might have thought, all Mitzvos only apply in Eretz
Yisrael - "all the days you live on the land" teaches,
they also apply in Chutz La'aretz.
1. Suggestion: Perhaps (all) Mitzvos should apply even
in Chutz La'aretz!
2. Rejection: "In the land".
3. To resolve the contradiction, we learn by the
context - "You will destroy all the places (of
4. Just as idolatry does not depend on the land, and
applies even in Chutz La'aretz, also all such
(a) (Mishnah): Except for Orlah and Kil'ayim...
(b) Question: Is R. Eliezer more lenient or more stringent
than the first Tana?
1. Even though Orlah and Kil'ayim depend in the land, a
tradition from Moshe from Sinai teaches that they
also apply in Chutz La'aretz;
(c) Answer: R. Eliezer is more stringent; we may deduce this
2. Does the first Tana hold that Chadash is only in
Eretz Yisrael, because when the Torah says "Moshav"
(dwelling), it means after we inherit and apportion
i. R. Eliezer argues and says that it applies
everywhere, because "Moshav" connotes wherever
3. Or - does the first Tana say that Chadash applies
everywhere, because "Moshav" connotes wherever you
dwell? (He taught Orlah and Kil'ayim, for these are
only known through tradition.)
i. R. Eliezer says that Chadash applies only in
Eretz Yisrael, because "Moshav" connotes after
we inherit and apportion the land.
ii. He says 'even' Chadash - this means, even
Chadash is only in Eretz Yisrael, as the other
Mitzvos dependent on the land.
1. (Abaye): The first Tana is R. Yishmael.
(d) Question: R. Yishmael refers to Nesachim (offerings that
accompany a sacrifice) - by Nesachim, the Torah says
"Bi'ah (coming to Eretz Yisrael)" and "Moshav"!
2. (Beraisa - R. Yishmael): "Moshav" always connotes
after we inherit and apportion the land.
3. R. Akiva: But it says "Moshevos" by Shabbos, and
Shabbos applies in Chutz La'aretz as well!
4. R. Yishmael: A Kal va'Chomer teaches that Shabbos
applies even in Chutz La'aretz.
i. Even light Mitzvos apply in Chutz La'aretz, all
the more so Shabbos!
(e) Correction: R. Yishmael says, whenever it says "Bi'ah"
and "Moshav", it means after we inherit and apportion the
3) WHAT "MOSHAV" TEACHES BY OTHER MITZVOS
(f) Question: But R. Akiva asked from Shabbos, by which it
only says "Moshevos" - and R. Yishmael answered from a
1. R. Yishmael should have answered - 'I only said when
it says "Bi'ah" and "Moshav"'!
(g) Answer: He indeed answered thusly; the Beraisa records a
second answer he gave.
1. Even if you understand that when it says "Moshevos"
alone, it means after we inherit and apportion the
land - a Kal va'Chomer teaches that Shabbos applies
even in Chutz La'aretz.
(h) Question: On what do they argue?
(i) Answer: Whether Nesachim were offered in the wilderness.
1. R. Yishmael holds that they were not offered; R.
Akiva says that they were.
(j) (Abaye): The following Tana (Tana d'Vei R. Yishmael) had
a different understanding of R. Yishmael.
1. (Beraisa - Tana d'Vei R. Yishmael): In many places,
the Torah speaks of after we come to Eretz Yisrael;
regarding appointing a king, it specified, after we
inherit and apportion - we learn, wherever it says
"Bi'ah", it means after we inherit and apportion.
(k) According our Tana (the Tana of our Beraisa), we do not
learn to other places, because also by Bikurim, the Torah
said, after we inherit and apportion.
1. Whenever there are two verses, one of which could
have been learned from the other, we do not learn to
2. Tana d'Vei R. Yishmael says that neither Bikurim nor
appointing a king could have been learned from the
i. If it would only say by the king, one might
have thought that we should bring Bikurim
immediately, for we enjoy the fruits of Eretz
3. Our Tana does not hold of the first reason - had we
learned regarding a king, we would know that Bikurim
also do not apply until we inherit and apportion.
ii. If it would only say by Bikurim, one might have
thought that we should appoint a king
immediately, in order to lead us in war.
4. Tana d'Vei R. Yishmael says, if it was not written
by Bikurim, we would have learned from Chalah (which
applies from the moment we entered).
(a) Question: Since we have a general rule that Mitzvos not
dependent on land apply everywhere, why did the Torah
have to write "Moshevos" by Shabbos?
(b) Answer: One might have thought, since Shabbos is written
by the holidays, Beis Din must sanctify Shabbos as they
sanctify the holidays (and this can only be in Yehudah) -
"Moshevos" teaches, Shabbos applies to all dwellings,
i.e. it does not need sanctification in Beis Din.
(c) Question: Why did the Torah have to write "Moshav" by
Chelev and blood?
(d) Answer: One might have thought, since they are written by
sacrifices, they only apply when we have a Mikdash and
can bring sacrifices - we hear, this is not so.
(e) Question: Why did the Torah have to write "Moshav" by
Matzo and bitter herbs?
(f) Answer: Since it says, "With (the Pesach sacrifice) you
will eat them", one might have thought that they only
apply when we have the Pesach sacrifice - we hear, this
is not so.
(g) Question: Why did the Torah have to write "Bi'ah" by
Tefilin and redemption of a firstborn donkey?
(h) Answer (Tana d'Vei R. Yishmael): In the merit of doing
these Mitzvos, we will enter Eretz Yisrael.