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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Kidushin 5

KIDUSHIN 2-5 - 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) How do we try to learn Kidushei Sh'tar from a 'Kal va'Chomer' from Kidushei Kesef?

(b) We refute this 'Kal va'Chomer' however, on the grounds that Kesef has an advantage over Sh'tar in another area.
Which area?

(c) So we learn Kidushei Sh'tar from a Hekesh.
Which Hekesh?

(a) Abaye refutes the suggestion that we ought to learn from the same Hekesh that a man can divorce his wife with money by virtue of the principle 'Ein Kateigor Na'aseh Saneigor'.
What does he mean by this?

(b) Why can we not use the same principle to refute the previous D'rashah (that permits Kidushei Kesef from "Ve'Yatz'ah ve'Haysah")?

(a) Rava disagrees with Abaye.
What does he learn from the Pasuk "*ve'Kasav Lah* Sefer K'riysus"?

(b) Why do we not switch the D'rashos, to Darshen 'bi'Kesivah Misgareshes, ve'Einah Miskadeshes bi'Kesivah', and learn from the Hekesh of "ve'Yatz'ah ve'Haysah" that one can divorce with money?

(c) Rebbi Yossi Hagelili learns from "ve'Kasav Lah" that one can write a Get on anything. From where does he learn that a man cannot divorce his wife with Kesef?

(a) What do the Rabbanan learn from "Sefer K'riysus"?

(b) Does this incorporate a case where the husband gives his wife a Get with the stipulation that she is forbidden to drink wine or visit her father's house for thirty days?

(c) From where does Rebbi Yossi Hagelili learn this Din?

(d) On what grounds do the Rabbanan then argue with Rebbi Yossi Hagelili?

(a) On what basis do we then attempt to learn one of the three means of acquiring a woman from the other two? How can we just create one means of Kinyan based on the fact that we have two others?

(b) Why can we not learn ...

  1. ... Sh'tar from Kesef and Bi'ah?
  2. ... Bi'ah from Kesef and Sh'tar?
  3. ... Kesef from Sh'tar and Bi'ah?
(c) What do we mean when we ask that we also find Kesef 'Ba'al Korchah' by an Amah ha'Ivriyah?

(d) How do we answer this Kashya?

(a) Rav Huna maintains that Chupah also acquires a woman, and he derives it from a 'Kal va'Chomer' from Kesef.
What do we initially think that Chupah achieves which Kesef does not?

(b) We refute this however, from a statement by Ula.
What did Ula say, based on the Pasuk "ve'Kohen Ki Yikneh Nefesh Kinyan Kaspo"?

(c) Then why did the Rabbanan decree otherwise?

(d) What then, is the basis of Rav Huna's 'Kal va'Chomer'? What power does Chupah have that Kesef does not?

Answers to questions



(a) We just cited Rav Huna, who learns that Chupah acquires a woman from a 'Kal va'Chomer' from Kesef. Bi'ah dispels the Pircha that Kesef acquires Hekdesh and Ma'aser Sheini.
Why do we also need Kesef? Why can we not learn Chupah from a 'Kal va'Chomer' from Bi'ah alone?

(b) Neither can we learn Chupah from these two alone, because the woman receives benefit from them both, which she does not do from Chupah. So we bring Sh'tar into the 'Tzad ha'Shaveh'.
Why can we not learn Chupah from Sh'tar alone?

(c) The 'Tzad ha'Shaveh' of them all is that they acquire elsewhere (not by Kidushin).
What does Chupah acquire?

(d) The Chachamim disagree with Rav Huna, because they have a Pircha on his 'Kal va'Chomer'. Kesef, Sh'tar and Bi'ah they argue, can all apply against the will of the other person, whereas Chupah cannot.
How does Rav Huna counter this Pircha?

(a) Rava asks two Kashyos on Rav Huna: Firstly, he asks, our Mishnah specifies three ways of acquiring, and not four.
What is his second Kashya?

(b) How does Abaye refute Rava's first Kashya? How does he justify the Tana's omission of Chupah from the list?

(c) And how does he refute his second Kashya? What does he mean when he says that this is precisely what Rav Huna meant?

(a) What does the Tana say about a man who says to a woman 'Harei At Mekudeshes Li', 'Harei At Me'ureses Li', Harei At Li li'Intu'?

(b) What does he say in the Seifa? When is she not betrothed?

(c) What discrepancy does Rav Papa point out between the Reishah and the Seifa?

(a) On what grounds do we reject the suggestion that the Tana was specific in the Reisha, but not in the Seifa (where the Tana speaks about 'Nasnah Hi ve'Amrah Hi', but really means to incorporate 'Nasan Hu ve'Amrah Hi')?

(b) So how do we initially reconcile the Reisha with the Seifa?

(c) Alternatively, both the Reisha and the Seifa are specific.
In that case, why is there no discrepancy?

(d) What is then the Halachah by Nasan Hu ve'Amrah Hi'?

(a) What does Shmuel say in a case where a man gives a woman a P'rutah and says to her ...
  1. ... 'Harei At Mekudeshes'; 'Harei At Me'uereses'; 'Harei At le'Intu'?
  2. ... 'Hareini Ishech; Hareini Ba'alech'; Hareini Arusech'?
(b) In which equivalent cases by Gerushin will the divorce not be effective?

(c) What are the ramifications of 'Ein Ka'an Beis Michush' by ...

  1. ... Kidushin?
  2. ... Gerushin?
(a) What caused Rav Papa to ask Abaye whether it is true that Shmuel holds 'Yadayim she'Ein Mochichos Havyan Yadayim'?

(b) How did Shmuel establish the Mishnah in Nazir 'ha'Omer Ehei, Harei Zeh Nazir'?

(c) What caused him to say that? What do we extrapolate from there?

(d) So how do we amend Shmuel's previous statement to resolve the obvious discrepancy between the two statements?

13) If, as we just explained, Shmuel speaks when he said 'Li', what is the Chidush in his statement regarding the case of ...
  1. ... Kidushin?
  2. ... Gerushin?
Answers to questions

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