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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Kidushin 17

KIDUSHIN 17 - dedicated in honor of the marriage of Yitzchak Kramer to Naomi Katz, 2 Sivan 5761, Yerushalayim. May they be "Boneh Bayis Ne'eman b'Yisrael"!


(a) What is the problem with the Beraisa, which begins by saying 'Chalah Shalosh, ve'Avad Shalosh, Eino Chayav Lehashlim', and then continues 'Chalah Kol Sheish Chayav Lehashlim'?

(b) How do we resolve this problem?

(c) In view of this Beraisa, how do we establish the previous Beraisa, which implies that even if he was sick all six years, he goes free at the end of six years?

(a) According to Rebbi Meir in a Beraisa, the Eved Ivri receives five Sela'im from each of the three species.
Which species?

(b) According to Rebi Yehudah, he receives thirty Sela'im.
What does Rebbi Shimon say?

(c) Why did Rebbi Meir find it necessary to conclude with the words 'she'Hein Chameish-Esrei Sela'im'? Is it not obvious that three times five equals fifteen?

(a) Rebbi Meir learns a 'Gezeirah-Shavah' "Reikam" "Reikam".
What is the source of the other "Reikam"?

(b) On what grounds does he then require five Sela'im from each of the species, and not the sum total of five?

(c) And why does he learn this 'Gezeirah-Shavah' from Bechor and not from Olas Re'iyah, which is only two Ma'ah Kesef (according to Beis Shamai)?

(a) Rebbi Yehudah learns "Nesinah" "Nesinah" from an ox which gored an Eved (Cana'ani). We ask why he does not learn "Nesinah" "Nesinah" from Erchin. How much would he then receive?

(b) We reject this suggestion however, on the basis of the principle 'Tafasta Merubeh Lo Tafasta' (we always learn from the smaller amount). What other reason do we give for Rebbi Yehudah's choice?

(c) We initially give the source of Rebbi Shimon as "Nesinah" "Nesinah" from Erchin. We ask why he does not learn from the least amount of Erchin.
How much would that be?

(d) How do we answer this Kashya?

(a) On what grounds do we refute the previous source (of "Nesinah" "Nesinah" from Erchin to explain Rebbi Shimon)?

(b) So what *is* Rebbi Shimon's source?

(c) What is the basis of the Machlokes Tana'im? Why does each Tana Darshen the 'Gezeirah-Shavah' from a different word?

(a) Why does the Torah need to write "Tzon, Goren ve'Yekev" according to Rebbi Meir?

(b) What problem does this pose on Rebbi Yehudah and Rebbi Shimon?

(c) How do we know that, according to Rebbi Yehudah and Rebbi Shimon, Ha'anakah is not confined to "Tzon, Goren ve'Yekev"?

(a) According to Rebbi Shimon, the Torah specifies these three commodities in order to preclude money.
What does Rebbi Eliezer ben Ya'akov say?

(b) Why does ...

  1. ... Rebbi Shimon decline to learn like Rebbi Eliezer ben Ya'akov?
  2. ... Rebbi Eliezer ben Ya'akov decline to learn like Rebbi Shimon?
(c) Having written ...
  1. ... "Tzon", why does the Torah need to insert "Goren"?
  2. ... "Goren", why does the Torah need to insert "Tzon"?
  3. ... "Tzon and Goren", why does the Torah need to insert "Yekev"?
Answers to questions



(a) What does the Tana Kama learn from ...
  1. ... "Ha'anek Ta'anik"?
  2. ... "Asher Berachecha Hashem Elokecha"?
(b) What does Rebbi Elazar ben Azaryah learn from "Asher Berachecha Hashem Elokecha"?

(c) How does he then explain the double expression "Ha'anek Ta'anik"?

(a) The Tana of the Beraisa discusses what happens to the Eved Ivri after his master's death. A Mocher Atzmo or a Machruhu Beis-Din continue to serve his son until his term ends.
What does the Tana say about ...
  1. ... serving his daughter (or his brother)?
  2. ... an Amah Ivriyah and a Nirtza?
  3. ... a Nimkar le'Akum?
(b) What does the Tana of another Beraisa learn from the Pasuk ...
  1. ... in Re'ei *va'Avadcha* Sheish Shanim"?
  2. ... in Mishpatim "Sheish Shanim Ya'avod"?
(c) Which ...
  1. ... two advantages do a son have over a brother?
  2. ... advantage does a brother have over a son?
(d) Why does the advantage that ...
  1. ... a brother performs Yibum and not a son not match the fact that a son makes Yi'ud and not a brother?
  2. ... a son has the same power as his father regarding S'dei Achuzah not count to give a son two advantages over the brother's one?
(a) We learn from the Pasuk in Re'ei (in connection with a Nirtza) "ve'Af la'Amascha Ta'aseh Kein" that an Amah Ivriyah does not even serve her master's *son* upon his death.
What do we learn from ...
  1. ... the redundant word "Ta'aseh"?
  2. ... the Pasuk in Mishpatim (in connection with Retzi'ah) "ve'Im Amor Yomar *ha'Eved*"?
(b) And what do we learn from the Pasuk ...
  1. ... in Mishpatim "ve'Ratza Adonav es Ozno ba'Martze'a *va'Avado* le'Olam"?
  2. ... in Behar (in connection with a Nimkar le'Akum) "ve'Chishav Im Koneihu"?
(c) What does Rava extrapolate from this latter D'rashah (of Chizkiyah)?
(a) The Mishnah in D'mai discusses two brothers, a Ger and a Nochri who inherit their Nochri father.
What does the Tana say about a case where the Ger strikes an agreement whereby his brother takes the idols and he, the money; his brother the wine, and he, the fruit, assuming this agreement is reached ...
  1. ... before they divided their father's property?
  2. ... after they divided it?
(b) What does Rava extrapolate from there? How would the Din differ in a case of Yerushah d'Oraysa?

(c) What is the basis for the Isur?

(d) Why did the Rabbanan issue this decree?

(a) What distinction does the Beraisa make with regard to a Ger and his Nochri brother inheriting their father, that further bears out Rava's ruling?

(b) What does the Beraisa say about someone who borrowed money from a Ger who converted together with his sons, if the Ger died?

(c) How do we reconcile this with the Mishnah in Shevi'is, which says 'Ru'ach Chachamim Nochah Heimenu'?

(d) What does Rava extrapolate from the Beraisa?

Answers to questions

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