ANSWERS TO REVIEW QUESTIONS
prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem
KIDUSHIN 2-4 - 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.
Please note that unless otherwise indicated, we follow the explanation of
Rashi. Consequently, our notes and comments do not necessarily have a
bearing on the practical Halachah.
(a) A woman is acquired (i.e. by means of Kidushin) as a 'wife' - by means
of money (or value of money), a Sh'tar or Bi'ah.
(b) And she acquires herself - by means of a Get or through the death of her
(c) The connotations of acquiring herself are - that she is free to marry
whover she likes.
(d) Giving the woman the money, the Sh'tar or performing Bi'ah is not all
that is needed to effect the transaction - he must also declare that he is
betrothing her with that money, that Sh'tar (see Rashi in the Rif) or that
(a) According to Beis Shamai, 'Kesef' means at least a Dinar.
Beis Hillel say - at
least a P'rutah.
(b) The difference between a Dinar and a P'rutah is vast - there are one
hundred and ninety two P'rutos in a Dinar!
(c) A P'rutah is different than most other coins - inasmuch as it is made of
copper, whilst most other coins are made of silver.
(d) There are - eight P'rutos in an Italian Isar.
(a) A Yevamah is acquired with Bi'ah only. The ramifications of this
statement are - that nothing else will remove the alternative of Chalitzah.
(b) Ma'amar is the Kidushin of a Yevamah instituted by the Chachamim.
(c) The money of Ma'amar does not acquire a Yevamah. All it achieves is -
that it forbids her on the other brothers.
(d) She acquires herself - with either Chalitzah or the death of the Yavam.
(a) The significance of "Kichah" "Kichah" from S'dei Efron is - to teach us
that money acquires a woman just like it acquires a field.
(b) This helps us to explain why the Tana of our Mishnah uses the
terminology 'ha'Ishah *Nikneis*, whereas in the second Perek, he says of
'ha'Ish *Mekadesh*' - because, now that that is our source for Kidushei
Kesef, it is appropriate for our Tana to use the term 'Nikneis', since
"Kichah" is implies a Kinyan.
(c) The Pasuk ...
1. ... "ha'Sadeh Asher Kanah Avraham" - teaches us that the "Kichah"
mentioned earlier purchased the field from Efron, concluding our D'rashah
that "Kichah" implies 'Kinyan'.
2. ... "Sados ba'Kesef Yiknu" - is an alternative D'rashah from which we can
extrapolate the same thing.
(a) The Tana does not say in the second Perek 'ha'Ish *Mekadesh*' (like it
says here 'ha'Ishah *Nikneis*') - because, having taught us the Torah Lashon
of Kinyan here, he wants to go on the Lashon de'Rabbanan of Kidushin there.
(b) He deliberately avoids saying 'ha'Ish Koneh' in the Reisha, and
'u'Makneh' in the Seifa, because of the case of the death of her husband,
which is hardly due to any action on the part of her husband. The other
reason for avoiding this Lashon (that even pertains to Get as well) is -
because 'ha'Ish Koneh' implies that he acquires her even against her will
(like he acquires any other object), whereas in fact, he only acquires her
with her consent.
(c) The Rabbanan refer to Eirusin as 'Kidushin' - because the Mekadesh
forbids her on the world like Hekdesh (In fact, the word really means
'designated') see Tosfos 'DH' de'Asar Lah ... '.
(d) We quote the Pasuk "ve'Hoda'ata Lahem es ha'Derech Yeilchu Bah" here -
because we learn from it that the gender of the word 'Derech' is sometimes
feminine, which, in turn, explains why the Tana of our Mishnah uses the
Lashon of 'Shalosh Derachim' (which is feminine too).
(a) When the Tana in Zavin says 'be'Shiv'ah Derachim Bodkin es ha'Zav' he
means - that a Zav needs to be examined to make sure that his discharge
arrived naturally, and not through an O'nes (one of the seven ways that
bring it on).
(b) Four of the seven ways of bringing it on are eating or drinking too
much, illness or carrying a heavy load. The other three are - jumping,
seeing something lewd and immoral thoughts.
(c) We quote the Pasuk "be'Derech Echad Yeitz'u Eilecha u've'Shiv'ah
Derachim Yanusu Lefanecha" in conection with the Zav - because we learn from
it that the gender of the word 'Derech' is sometimes masculine, which, in
turn, explains why the Tana of the Mishnah in Zavin uses the Lashon
'Sheloshah Derachim' (which is masculine too).
(d) We are now faced with - a contradiction, both between the two Pesukim
and between the two Mishnayos, since one of each portrays 'Derech' as
masculine, and the other, as feminine.
(a) The reason that ...
1. ... the Pasuk in Yisro treats 'Derech' as a feminine noun, and the Pasuk
in Ki Savo as a masculine one - is because the former refers to Torah, which
is feminine (as we see from the Pasuk "Toras Hashem Temimah Meshivas
Nafesh"), whereas the latter refers to going to war, which pertains
exclusively to men.
(b) The Tana in Zavin deliberately confines the Mishnah to a Zav - because
it applies exclusively to him. A woman becomes a Zavah even if her discharge
was brought on by an O'nes.
2. ... our Mishnah treats 'Derech' as a feminine noun, and the Mishnah in
Zavin as a masculine one - because the former refers excluively to women,
the latter, exclusively to men.
(a) We concluded that our Tana uses the feminine 'Shalosh' because of
'Derachim', which has feminine connotations. He does not use the noun
'Devarim', which is exclusively masculine (in which case he could have
described it as 'Sheloshah Devarim') - because one of the ways of acquiring
the woman is through Bi'ah, which the Pasuk in Mishlei refers to as "Derech
(b) We account for the fact that Kesef and Sh'tar ...
1. ... are also listed together with Bi'ah - by answering that the Tana uses
the Lashon 'Derachim' by them too, on account of Bi'ah.
(c) Alternatively, we establish our Mishnah like Rebbi Shimon - who
attributes the Torah's use of the phrase "Ki Yikach Ish Ishah" rather than
"Ki Silakach Ishah le'Ish" - to the fact that it was Adam who lost the rib
from which Chavah was formed, and which he therefore needs to go and seek
(when he wants to get married [and not the woman who looks for the man]).
2. ... are the majority of cases, and it is not the way of the Tana to
adjust the Lashon based on the minority of cases - by pointing out that when
all's said and done, what is the purpose of Kidushei Kesef and Sh'tar, if
not Bi'ah. And since Bi'ah is the main objective of the Kidushin, it is the
most important of the three, and it is appropriate for the Tana to adjust
the Lashon of the other two to suit that of Bi'ah.
(d) The Tana in Zavin uses the Lashon 'be'Shiv'ah Derachim' rather than
'be'Shiv'ah Devarim' - because there too, it is the way of these things to
bring on Zivus.