(Permission is granted to print and redistribute this material
as long as this header and the footer at the end are included.)


prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

Previous daf

Kidushin 14

KIDUSHIN 14&15 - 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.



(a) We learn from the Pasuk ...
1. ... "Yevamah Yavo Alehah u'Lekachah Lo le'Ishah" - that a Yevamah becomes the Yavam's wife through Bi'ah.
2. ... "ve'Yibmah" - that she is compared to a wife with regard to being acquired by means of Bi'ah, but not by means of Kesef or Sh'tar.
(b) We also learn from "ve'Yibmah" that a Yavam can acquire the Yevamah against her will. We learn two D'rashos from the same word - one from the word itself ("ve'Yibem" - that Bi'ah acquires her) and the other from the extra 'Hey' ("ve'Yibmah" - 'Ba'al Korchah').
(a) We learn from the Pasuk "ve'Nikra Sh'mo *be'Yisrael Beis Chalutz ha'Na'al*" - that as soon as Chalitzah of the shoe has been performed with a Yevamah, she is permitted to marry a Yisrael.

(b) Rav Shmuel bar Yehudah quoting a Beraisa, learns from "be'Yisrael" - that a Beis-Din of Yisrael is required for Chalitzah, to preclude a Beis-Din of Geirim.

(c) We do not learn in fact, two things from the same word - because the word Yisrael is written twice.

(d) After the termination of the Chalitzah, Rebbi Yehudah, citing Rebbi Tarfon told the people to say 'Beis Chalutz ha'Na'al'. Although this is based on the Pasuk which contains those very words - the obligation to call them out in Beis-Din is learned from the words contained earlier in the Pasuk 've'Nikra Sh'mo ... '.

(a) We learn that Miysas ha'Yavam permits the Yevamah to marry from an Eishes Ish - whose husband's death permits her to marry someone who was previously forbidden with a Chiyuv Kareis, how much more so, will the death of the Yavam permit the Yevamah to marry someone whose prohibition to marry caried with it no more than a La'av.

(b) We cannot refute the 'Kal va'Chomer' on the grounds that ...

1. ... an Eishes Ish goes out by means of a Get, whereas a Yevamah does not - because against that, a Yevamah goes out by means of Chalitzah, whereas an Eishes Ish does not.
2. ... a Yevamah is different inasmuch as it is not the same man who forbade her whose death permits her, unlike an Eishes Ish, where the man who forbade her also permits her - because that is simply not correct, since it is the Zikah of the Yavam that forbids the Yevamah from marrying, not her marriage to her first husband (whose death would have permitted her to marry, had it not been for the Yavam).
(c) We do not Darshen a 'Kal va'Chomer to let ...
1. ... an Eishes Ish go out with Chalitzah, from a Yevamah who does go out with a Get - because the Torah writes "Sefer K'riysus", from which we extrapolate 'Sefer Korsah, ve'Ein Davar Acher Korsah'.
2. ... a Yevamah go out with a Get, from an Eishes Ish, who does not go out with Chalitzah - because the Torah writes "Kachah", which precludes any other form of exit other than Chalitzah (though we will not reamain with this source, as we shall now see).
(a) The word "Chukah" (wherever it appears) indicates - that whatever is written in that Parshah is crucial.

(b) The purpose of the Goralos (the lots) that the Kohen Gadol drew on Yom Kipur was - to designate which of the two goats went to Hashem, and which, to Azazel.

(c) We learn from the Pasuk (written in this connection, and which is no more than a repetition), "ve'Asahu Chatas" - that the goats must be desiganted by means of the Goralos (and not by the Kohen'Gadol's selection).

(d) We would otherwise have thought that it is the Kohen Gadol's selection that determines which goat is for Hashem and which, for Azazel - by means of a 'Kal va'Chomer' from the pair of birds brought by a poor man as a Korban Olah ve'Yored, one as a Chatas and one as an Olah, which was designated by selectiion alone, and not by a Goral.

(a) We learn from the fact that we need "ve'Asahu Chatas" in spite of the Pasuk there "ve'Haysah Lachem *le'Chukas Olam" - that a 'Kal va'Chomer' overrides a word that specifies (like "Chukas"), in which case the 'Kal va'Chomer' from Eishes Ish will also override "Kachah", leaving us with no source to teach us that a Yevamah does not go out with a Get.

(b) We then attempt to learn it from the Pasuk (written by Get) "ve'Kasav Lah" - "Lah", 've'Lo li'Yevamah' (precluding a Yevamah from going out with a Get).

(c) We resolve this with the fact that we need this Pasuk to teach us "Lah" 'Lishmah' - by pointing out that there are two Pesukim which contain these words.

(d) We dispense with this source too however - by recalling the D'rashah "Lah", 've'Lo Lah u'le'Chavertah' (that a Get must be written specifically for the woman concerned, and not for her plus a rival wife with the same name), for which we need this Pasuk.

(a) We finally learn that a Yevamah goes out with Chalitzah exclusively (and not with a Get) - from Beis Chalutz *ha'Na'al*", which is superfluous.

(b) Having written "ve'Chaltzah Na'alo", the Torah teaches us that someone else's shoe is nevertheless eligible for Chalitzah - via the word "ha'Na'al" (implying anybody's shoe).

(c) We learn from the same D'rashah that she requires Chalitzah exclusively - from the extra 'Hey', leaving room for an additional D'rashah.

(d) The reason that the Torah then writes "Na'alo" is to teach us 'Na'alo ha'Re'uyah Lo', implying - that it should not be so large that he cannot walk in it, so small that it does not cover the majority of his leg, and that it should have a heel.




(a) An Eved Ivri can be acquired with Kesef and Sh'tar. He acquires his freedom - with six years work, Yovel (should it occur during the six-year period) or with money.

(b) In addition, an Amah Ivriyah acquires her freedom - with Simanim (attaining the age of Na'arus accompanied by the appropriate signs of physical maturity).

(c) A Nirtza is acquired through Retzi'ah - the piercing of his ear at the door-post.

(d) And he acquires his freedom through Yovel or Miysas ha'Adon - whereas if his master were to die during his initial six-year period, he would be obligated to remain and serve his son.

(a) We learn from the Pasuk ...
1. ... "mi'Kesef Miknaso" - that a Jewish servant belonging to a Nochri can acquire his freedom with money.
2. ... "ve'Hefdah" - that an Amah Ivriyah who is sold to a Jew can acquire her freedom with money.
3. ... "Ki Yimacher Lecha Achicha ha'Ivri O ha'Ivriyah" - that an Eved Ivri sold by Beis-Din (whom the Torah is comparing here to an Amah Ivriyah) can also acquire his freedom with money.
(b) Both of these Pesukim are needed. We cannot learn the Din of an Eved Ivri who is sold to a Jew with a Binyan Av from one who is sold to a Nochri - because Kesef is the Kinyan which the Torah prescribes for a Nochri (whereas by a Jew, it is Meshichah - see Tosfos DH 'Ho'il').

(c) From the 'Gezeirah-Shavah' "Sachir" "Sachir", we learn - that a Mocher Atzmo (an Eved Ivri who sold himself to a Jew) can be acquired with Kesef just like one who was sold by Beis-Din.

(d) We assume that there is a Tana who does not agree with this 'Gezeirah-Shavah'. He will learn that an Eved Ivri who sold himself to a Jew can acquire his freedom with Kesef - from the extra "Vav" in "ve'Chi Sasig Yad Ger ve'Toshav Imach", which connects the current Parshah of a Jew who sells himself to a Nochri, with the previous one concerning one who sells himself to a Jew ('Vav' Mosif Al Inyan Rishon').

(a) We need to learn the Din of an Eved Ivri ...
1. ... who sold himself from one is sold by Beis-Din via a Gezeirah -Shavah, rather than from a Binyan Av - because the latter is different, inasmuch as he is sold against his will (and may well be the reason that he can be sold with money).
2. ... who was sold by Beis-Din from an Amah Ivriyah via a Hekesh, rather than via a Binyan Av - because an Amah is different, inasmuch as she can also be acquired as a wife with money (and the Kinyan of an Amah Ivriyah is linked to Kesef Kidushin, as we shall see later).
(b) We just learned Kinyan Kesef by an Amah ha'Ivriyah from "ve'Hefdah" - which (as opposed to "ve'Nifdah" which would imply that she can acquire herself with Kesef) implies that her master is obligated to help her to acquire herself, by deducting the payment for the years that she already worked from the total that he initially paid her father. This clearly indicates that he initially acquired her with Kesef.
(a) According to the Tana Kama of the Beraisa, a Mocher Atzmo can initially be sold for more than six years, his ear is not pierced - he does receive Ha'anakah when he leaves and his master does not give him a Shifchah Cana'anis when he enters.

(b) According to Rebbi Elazar - a Mocher Atzmo has the same Din as a Machruhu Beis-Din in all regards.

(c) We initially establish the basis of their Machlokes - as to whether we hold of "Sachir" "Sachir" (Rebbi Elazar) or not (the Rabbanan).

(d) We finally conclude - that both Tana'im hold of "Sachir" "Sachir", and they argue over the interpretation of Pesukim, as we shall now proceed to explain.

1. The Tana Kama of the Beraisa learns from the Pasuk "va'Avadcha Sheish Shanim" - "va'Avadcha", 've'Lo Mocher Atzmo'.
2. Rebbi Elazar learns from "va'Avadcha Sheish Shanim" - "va'Avadcha", 've'Lo le'Yoresh'.
(b) This does not necessarily mean that if his master were to die during the initial six-year period, the Eved Ivri automatically goes free - but that if there is no son, he does serve any of his master's other relations. If there is, he continues to serve him.

(c) The Rabbanan learn this - from a second Pasuk "Ki Mishneh S'char Sachir Avadcha ... ".

(d) According to Rebbi Elazar - this Pasuk merely comes to appease the master (that he should feel bad about sending away his servant, bearing in mind that he got a double period of service [by day and by night] from him).

(a) The Tana Kama learns from the Pasuk "ve'Ratza Adonav es *Ozno* ba'Martze'a" - "Ozno (she'Lo)" 've'Lo Ozno shel Mocher Atzmo'.

(b) Rebbi Elazar needs "Ozno" for a 'Gezeirah-Shavah'. He learns from "al-T'nuch *Ozen* ha'Mitaher ha'Yemanis" - that just as the Torah specifies there the *right* ear, here too, it is the right ear which is pierced.

(c) The Rabbanan learn this from the extra 'Vav' (in "Ozno") - from which Rebbi Elazar learns "Ozno", 've'Lo Oznah' (to teach us that an Amah Ivriyah does not have her ear pierced [i.e. she cannot remain once the six years period terminates, even if she has not yet reached the age of Na'arus]).

(a) Rebbi Elazar learns from the Pasuk "ve'Im Amor Yomar ha'Eved" - "ha'Eved", 've'Lo ha'Amah' (what the Rabbanan just learned from "Ozno").

(b) The Rabbanan learn from there - that he must say 'Ahavti es Adoni' whilst he still an Eved, as will be explained later.

(c) Rebbi Elazar learns this from "Eved", "ha'Eved". The Rabbanan do not learn anything from the extra 'Hey' - because they do not consider it superfluous.

Next daf


For further information on
subscriptions, archives and sponsorships,
contact Kollel Iyun Hadaf,