ANSWERS TO REVIEW QUESTIONS
prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem
Previous daf Kidushin 9
KIDUSHIN 7-10 - Dedicated by an admirer of the work of the Dafyomi
Advancement Forum, l'Iluy Nishmas Mrs. Gisela (Golda bas Reb Chaim Yitzchak
Ozer) Turkel, A"H.
(a) The Gemara relates an incident concerning a man who was selling tin
buttons, according to some. According to others, he was selling - glass
(b) The salesman would present them - on strings, like a necklace.
(c) When a certain woman asked the salesman in question for one - he asked
her whether she would accept it as Kidushin.
(d) Rav Chama interpreted her response 'Havah Meihavah!' - as meaningless.
(a) In two similar incidents, Rav Chama and Rav Z'vid respectively
interpreted similar responses in the same way. When ...
1. ... in the second incident, the man issued her with the same ultimatum in
exchange for a glass of beer - she responded with 'Asshkuyei Ashkayan'.
(b) In the last of these incidents, the man - was throwing down dates from
2. ... in the third incident, he issued her with the same ultimatum in
exchange for two dates - 'Shadi Mishda'.
(c) Ravina maintains that the woman would have been Mekudeshes had she not
repeated the words ('Havah Meihavah', 'Ashkuyei Ashpayan', 'Shadi Mishda').
When Rav Sama bar Raksa heard this - he exclaimed 'Taga de'Malka! (by the
crown of the King), Einah Mekudeshes'!
(d) We finally issue rulings in the following four cases. The Halachah
1. ... the previous case, where the woman did not repeat her retort is -
Einah Mekudeshes (like Rav Sama bar Raksa).
2. ... an object of Kidushin that was not assessed prior to the Kidushin
is - Einah Mekudeshes (like Rabah).
3. ... where the man said 'Hiskadshi Li be'Manah', and gave her a Dinar is -
Mekudeshes (like Rebbi Elazar).
4. ... where the man said 'Hiskadshi Li be'Manah', and gave her a Mashkon
is - 'Manah Ein Ka'an, Mashkon Ein Ka'an' (like Rava Amar Rav Nachman).
(a) One writes on the Sh'tar Kidushin of a girl whose father is marrying her
off - 'Bitcha Mekudeshes Li'; 'Bitcha Me'ureses li'; Bitcha Li le'Intu'.
(b) The Sh'tar does not need to be worth a P'rutah.
(c) Rebbi Zeira bar Mamal observes that, whereas a Sh'tar of sale is written
by the seller, that of Kidushin is written by the man (who is comparable to
(d) Rava initially explain this distinction, based on the Pesukim "u'Machar
me'Achuzaso", on the one hand, and "Ki Yikach Ish Ishah", on the other -
from which we can see that this is indeed the case (since the Torah places
emphasis on the 'purchaser', with regard to Kidushin, and on the seller,
with regard to the sale of a field.
(a) In view of of the above-mentioned Pasuk in Behar - we attempt to 'amend'
the phrase "Sados ba'Kesef Yiknu" - to read "Sados ba'Kesef Yaknu" (from the
point of view of the seller).
(b) Based on this amendment, we refute Rava's initial proof from "Ki Yikach
Ish Ishah" - because, in view of the Pasuk "es Biti Nasati la'Ish ha'Zeh",
we can amend this Pasuk too, to read "Ki Yikach Ish Ishah" (placing the
emphasis on the father of the girl).
(c) Rava finally bases the distinction between a Sh'tar Mecher and a Sh'tar
Kidushin - on 'Halachah le'Moshe mi'Sinai'.
(d) And the Pesukim that he originally quoted - are merely Asmachtos (on
which one cannot ask Kashyos).
(a) Alternatively, Rava quotes another Pasuk "va'Ekach es Sefer ha'Miknah" -
proving that it is the seller (Chanamel, in that case) who writes the Sh'tar
and hands it to the purchaser (Yirmiyah). Note: The previous Pasuk in fact
("Sados ba'Kesef Yiknu", was not the source of a Halachah, as we originally
thought, but advice on the part of Yirmiyah to the people.
(b) A father has jurisdiction over his daughter's Kidushin - up to the time
she becomes a Bogeres.
(c) Her Kidushin is valid if she accepts the Kidushin herself - provided she
does so with her father's consnt.
(d) The Kidushin of a Bogeres is valid if her father accepts her Kidushin -
provided he does so with her consent.
(a) We know that a Get must be written Lishmah (in the name of the woman
whom the husband intends to divorce) - from the Pasuk in Ki Seitzei
"ve'Kasav *Lah*, 'Lishmah'.
(b) Resh Lakish asked whether a Sh'tar Kidushin is Kasher if it was written
she'Lo Lishmah. It might be ...
1. ... Kasher - because the three kinds of Kinyanim of Kidushin are compared
to one another, in which case we compare Sh'tar to Kesef (and the money of
Kidushin does certainly not need to be minted Lishmah).
(c) Resh Lakish himself decided on the latter side of the She'eilah,
comparing Kidushin to Get ('Makish Havayah li'Yetzi'ah').
2. ... Pasul - because the Torah compares Kidushin to Get ("ve'Yatz'ah
ve'Haysah"), in which case, the Sh'tar of Kidushin, like the Sh'tar of a
Get, must be written Lishmah.
(a) According to Rava and Ravina, if the man wrote the Sh'tar Kidushin
Lishmah but without the woman's consent, the Kidushin is Kasher - Rav Papa
and Rav Sheravya invalidate the Kidushin.
(b) Rav Papa explains the reasons of their respective opinions, which are
both based on the Hekesh of 'Havayah' to 'Yetzi'ah'. Rava and Ravina's
reason is because a Get too, is written Lishmah but not with the woman's
consent, that of Rav Papa and Rav Sheravya - because we compare Kidushin to
the aspect of Get that it must be written with the consent of the Makneh
(the giver [husband there, the woman here]).
(c) Rava and Ravina establish the Beraisa 'Ein Kosvin Sh'tarei *Eirusin*
ve'Nisu'in Ela mi'Da'as Sheneihem' - by Sh'tarei P'sikta.
(d) 'Sh'tarei P'sikta, says Rav Gidal Amar Rav, comprize the monetary
agreements reached by the two parties which are binding with words alone.
They do not require a Kinyan, because the thrill of the Shiduch constitutes
sufficient 'Gemiras Da'as' (full consent) to finalize the transaction.
(a) Rebbi Avahu Amar Rebbi Yochanan learns from the Pasuk "Ki Yimatzei Ish
Shochev Im Ishah "*Be'ulas Ba'al*" - that a woman can be acquired with
(b) Rebbi Zeira asked Rebbi Avahu (or Resh Lakish, Rebbi Yochanan) what was
wrong with Rebbi, who learned it from the Pasuk there "Ki Yikach Ish Ishah
u'Be'alah", to which he replied - that this Pasuk refers to Bi'ah that
follows Kidushei Kesef, as the Pasuk implies (but not Bi'ah on its own).
(c) If Bi'ah does indeed acquire only after Kidushin, the problem will then
be - how a Na'arah ha'Me'urasah can ever be sentenced to Sekilah, seeing as
if she was betrothed with Kesef, she is not Mekudeshes, whereas if there was
Bi'ah as well, then she is no longer a Besulah (and her due punishment is
(d) Abaye objects to the Rabbanan's answer to this Kashya (that the Parshah
of Na'arah ha'Me'urasah speaks when the Arus performed Bi'ah with her she'Lo
ke'Darkah, which does not remove her virginity, and does therefore, render
her a 'Be'ulah') - because even those who hold that others do not render a
woman a Be'ulah through Bi'ah she'Lo ke'Darkah (as we shall now see),
concede that a husband does.
(a) According to the Tana Kama of the Beraisa, if ten men have relations
she'Lo ke'Darkah with a Na'arah ha'Me'urasah, they are all Chayav Sekilah -
whereas according to Rebbi, the last nine only receive Chenek.
(b) Having just established that even Rebbi will concede that her husband
makes her a Be'ulah she'Lo ke'Darkah, Rav Nachman bar Yitzchak establishes
the case of Na'arah ha'Me'urasah by Kidushei Sh'tar - which is better than
Kidushei Kesef or Bi'ah, because it concludes by Get (so it will conclude by
(c) Rebbi Yochanan learns from "u'Be'alah" that one can acquire a woman with
Kidushei Bi'ah, but not an Amah Ivri'ah. We suggest that we would otherwise
have learned an Amah Ivri'ah from a 'Kal va'Chomer' from Yevamah - who can
be acquired with Bi'ah, but not with Kesef, 'Kal va'Chomer' an Amah Ivri'ah,
whom one can acquire with Kesef.
(d) We refute this suggestion however, on the grounds - that a Yevamah is
different, inasmuch as she is already tied to the Yavam from her marriage
with his brother (which may be the reason why he acquires her with Bi'ah).
(a) So we conclude that we would otherwise have learned Kidushei Bi'ah by an
Amah Ivri'ah from "Acheres" - the wife that a man betroths after acquiring
the Amah Ivri'ah with Yi'ud (the betrothal of an Amah ha'Ivri'ah, which will
explained later in the Perek).
(b) Rebbi, who learns Kidushei Bi'ah from "u'Ba'alah", nevertheless
precludes an Amah Ivri'ah from the Din of Acheres - from the dual D'rashah,
one from "u'Ba'al", and the other from the extra 'Hey' ("u'Ba'alah").
(c) bar Ahina taught Rava from the Pasuk "Ki Yikach Ish Ishah u'Be'alah" -
that Kidushin is valid only if it will lead to Bi'ah (but not for example,
if a man betroths one of two sisters (without specifying which one), where
both of them will remain forbidden to him because of Achos Ishto).
(d) He will learn the previous D'rashah according to Rebbi - from the fact
that the Torah writes "u'Ba'alah" (rather than "O Ba'alah"), leaving us with
an extra D'rashah from the same word.