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Kidushin 16

KIDUSHIN 16 - This Daf has been dedicated in honor of the Bar Mitzvah of Moshe Yisrael Turkel, of London England, by Mr. and Mrs. D. Kornfeld.


(a) How does Ula learn from the Pasuk in Mishpatim "Im Acheres Yikach Lo Ishah" that an Eved Ivri can be acquired with a Sht'ar?

(b) This goes well with the opinion of Rav Huna, but not with that of Rav Chisda.
What does Rav Chisda say about writing the Sh'tar of an Amah Ivriyah? Who writes it according to him?

(c) How does Rav Acha bar Ya'akov therefore learn it from "Lo Seitzei ke'Tzeis ha'Avadim"? What sort of Avadim is the Torah referring to here?

(d) How do we know that ...

  1. ... this Pasuk is not referring to Chazakah? What do we learn from the Pasuk in Behar "ve'Hisnachaltem *Osam* li'V'neichem Achareichem"?
  2. ... to preclude Chazakah from the Pasuk in Behar, and include Sh'tar from the Pasuk in Mishpatim (and not the other way round)?
(a) Why does the fact that Chazakah acquires the property of a Ger (which a Sh'tar does not) not balance the advantage of Sh'tar by Get (that we just cited)?

(b) Alternatively, we answer the previous Kashya by saying that this much one can learn from "Acheres".
What do we mean by that?

(c) What does Rav Huna (who learns Sh'tar from "Acheres") learn from the Pasuk "Lo Seitzei ke'Tzeis ha'Avadim"?

(d) And from where does Rav Chisda learn this?

(a) When the Tana of our Mishnah says that an Eved Ivri goes free after six years, does he mean when the Sh'mitah arrives?

(b) What is the source for the Halachah that he goes free ...

  1. ... after six years?
  2. ... with the advent of the Yovel?
  3. ... with Gera'on Kesef?
(c) The Tana of our Mishnah includes Kesef in the list of things that set the Eved Ivri free. The Tana of the Beraisa adds Shaveh Kesef and Sh'tar.
From where do we learn that Shaveh Kesef is like Kesef?

(d) Why can 'Sh'tar' not possibly mean that the Eved Ivri writes a credit note on his assessed value?

(a) If 'Sh'tar' does not mean that he writes his master a credit note, then what *does* it mean?

(b) Why will it not suffice to declare in front of two or three people 'Go free'! What major principle does Rava put this down to, connected with the Kinyan of an Eved Ivri?

(c) What does he further extrapolate from there?

(a) Resh Lakish maintains that an Amah Ivriyah also goes free with Miysas ha'Av, and he learns it from a 'Kal va'Chomer' from Simanim.
Which 'Kal va'Chomer'?

(b) How will Resh Lakish then account (initially) for the fact that the Tana of our Mishnah listed as the sole advantage of an Amah Ivriyah over an Ivri, the fact that she goes free with Simanim, but failed to add 'Miysas ha'Av'?

(c) How do we counter this? How do we justify the Tana omitting 'Miysas ha'Av' even if he does not hold like Resh Lakish (and it is the only case that he omits)?

(d) Resh Lakish then answers that the Tana only inserted cases which have fixed limits, but not cases that do not.
Then why does he insert Simanim, which can come at any time after the age of twelve?

Answers to questions



(a) What does the Tana of the Beraisa say about Simanei Gadlus that are produced by ...
  1. ... a nine-year old boy?
  2. ... a thirteen-year old boy?
(b) If Simanim appear after the age of nine and remain until after the boy turned twelve, the Tana Kama considers it a Shuma (a wart).
What does Rebbi Yossi b'Rebbi Yehudah say?

(c) Rav Sheishes queries Resh Lakish from Rebbi Shimon in a Beraisa, who lists four cases where an Eved Ivri receives Ha'anakah.
What is Ha'anakah?

(d) He lists three by an Ivri and three by an Ivriyah.
Which one does he omit by ...

  1. ... an Ivri?
  2. ... an Ivriyah?
(a) What problem does Rav Sheishes have with Resh Lakish from this Beraisa?
Which three cases did he think cover both an Ivri and an Ivriyah?

(b) We conclude however, that Rebbi Shimon may well not include Miysas Adon (because it has no fixed time).
In that case, what are the three cases that he does mention?

(c) How do we prove this answer from the Tana's statement 've'I Atah Yachol Lomar Arba'ah be'Echad Meihem ... '?

(d) Rav Amram asks from another Beraisa, which lists Shanim, Yovel, Miysas ha'Adon and the Simanim of an Amah Ivriyah as those who receive Ha'anakah.
How does this finally prove Resh Lakish wrong?

8) How can we possibly refute Miysas ha'Av, seeing as Resh Lakish based it on a 'Kal va'Chomer' from Simanim? What is wrong with the 'Kal va'Chomer'?


(a) According to the Tana of one Beraisa, the Ha'anakah of an Amah Ivriyah, as well as whatever she finds, belongs to herself. According to the Tana of another Beraisa, it goes to her father.
Considering that what she finds and picks up is done at the expense of her master, why should the Amah's father gain at her master's expense?

(b) How do we ...

  1. ... initially try to reinstate Resh Lakish on the basis of this Machlokes Tana'im?
  2. ... reject this proof, explaining the Machlokes by establishing both Beraisos by Simanim? Why then, according to the Tana of the first Beraisa, do the Ha'anakah and what she finds go to her and not to her father?
(c) The first Beraisa actually states 'Anak Eved Ivri le'Atzmo, ve'Anak Amah ha'Ivriyah le'Atzmah'.
What is the Chidush ...
  1. ... of the latter? To whom might we have thought it goes, if not to herself?
  2. ... of the former, seeing as there does seem to be anybody else to whom it might go? How does Rav Yosef explain this seemingly unnecessary statement?
(d) Abaye, citing Rav Sheishes, answers the Kashya by establishing Tuta'i as the author of the Beraisa.
What does Tuta'i say?
(a) The Tana Kama of the Beraisa we quoted above holds that Yotzei be'Shanim, Yovel, Miysas ha'Adon and an Amah with Simanim, receive Ha'anakah, but not a Bore'ach or one who goes out with Gera'on Kesef.
What does Rebbi Meir say?

(b) The Pasuk " ... u'va'Shanah ha'Shevi'is Yeitzei la'Chofshi Chinam" is speaking about a Yotzei be'Sheish.
How does the Tana Kama learn that ...

  1. ... the other three also receive Ha'anakah from the continuation of the Pasuk?
  2. ... Borei'ach and Yotzei be'Gera'on Kesef do not, from the same Pasuk?
(c) Seeing as Rebbi Meir agrees with the Tana Kama regarding the above D'rashos, on what grounds does he argue in the case of Gera'on Kesef?
(a) Based on the Pasuk in Mishpatim "Ki Sikneh Eved Ivri, Sheish Shanim Ya'avod, u'va'Shevi'is Yeitzei la'Chofshi Chinam", how do we know that ...
  1. ... a Borei'ach is obligated to complete his six-year period?
  2. ... if he was sick, this is not necessary?
(b) How does Rav Sheishes reconcile this with the Machlokes Tana'im whether a Borei'ach receives Ha'anakah or not, implying that he is not obligated to complete the outstanding debt?

(c) What is the Chidush? What might we otherwise have thought?

Answers to questions

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