ANSWERS TO REVIEW QUESTIONS
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.
(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').
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.
(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
(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.
(c) We do not Darshen a 'Kal va'Chomer to let ...
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).
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,
(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
(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
(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
(c) A Nirtza is acquired through Retzi'ah - the piercing of his ear at the
(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.
(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').
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.
(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
(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.
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).
(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
1. The Tana Kama of the Beraisa learns from the Pasuk "va'Avadcha Sheish
Shanim" - "va'Avadcha", 've'Lo Mocher Atzmo'.
(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.
2. Rebbi Elazar learns from "va'Avadcha Sheish Shanim" - "va'Avadcha",
(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