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Kollel Iyun Hadaf, Jerusalem

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Kidushin 27

KIDUSHIN 24-30 (9-15 Sivan) - This week's study material has been dedicated by Mrs. Rita Grunberger of Queens, N.Y., in loving memory of her husband, Reb Yitzchok Yakov ben Eliyahu Grunberger. Irving Grunberger helped many people quietly in an unassuming manner and is dearly missed by all who knew him. His Yahrzeit is 10 Sivan.


(a) Rava bar Yitzchak Amar Rav describes 'two Sh'taros'. If someone asked two people to make a Kinyan on his field on behalf of a friend and to write him a Sh'tar, it is obvious that once the Kinyan has been made, the seller may no longer retract from the sale.
Is he permitted to retract from writing the Sh'tar?

(b) And what will be the Din if he said 'al-M'nas she'Tichtevu Lo es ha'Sh'tar'?

(a) Is a seller permitted to write a Sh'tar on behalf of the buyer prior to the sale, without first consulting him?

(b) Why is the Sh'tar not Pasul because it is predated?

(a) Rav Chiya bar Avin Amar Rav Huna now adds a third case of 'Sh'tar' to the previous two.
What will the Din be if the seller wrote such a Sh'tar, following which the purchaser acquired the field with a Kinyan Chazakah?

(b) What did Rav Chiya bar Avin say that implies that Metaltelin do not require Tziburin?

(c) We try to refute this by differentiating between a Sh'tar and other Metaltelin.
What makes a Sh'tar different in this regard?

(d) We conclude however, that there is no such distinction.
How do we know that?

(a) How do we attempt to resolve the Sh'eilah whether one needs to specify 'Agav or not' from the two cases on the previous Amud of the men who wanted to give gifts?

(b) Why is there in fact, no proof from there? What else ought to have been cited but wasn't?

(c) What is the final ruling? Does Kinyan Agav require ...

  1. ... Tziburin?
  2. ... 'K'ni'?
  3. ... 'Agav'?
(a) We then ask whether one will acquire Metaltelin that he recieved as a gift together with Karka that he is purchasing by means of a Kinyan Agav. How do we resolve this She'eilah from the case of Raban Gamliel and Rebbi Yehoshua cited above?

(b) Why can we not also resolve the She'eilah whether it is possible to acquire the Karka for oneself and the Metalelin for somebody else from the same episode, where Rebbi Akiva rented the land for himself but acquired the Ma'aser Ani on behalf of the poor?

(c) What does Rava say about Kinyan Agav, in a case where the purchaser had only paid for some of the Metaltelin?

(a) The Tana of the Beraisa cited in support of Rava, discusses the adantages of the various Kinyanim over one another.
What advantage does ...
  1. ... Kesef have over Sh'tar?
  2. ... Sh'tar have over Kesef?
(b) And what advantage do ...
  1. ... Kesef and Sh'tar have over Chazakah?
  2. ... Chazakah have over Kesef and Sh'tar?
(c) What does the Tana add to this last case that bears out Rava's ruling?

(d) The last case also bears out a statement of Shmuel.
Which statement?

Answers to questions



(a) We just cited Shmuel, who says that a Kinyan on a field in one country can acquire ten fields in ten different countries. Rav Acha Brei de'Rav Ika tries to prove this from someone who hands his friend ten animals attached to one rein, who will certainly acquire all ten.
What does the seller say when handing him the rein?

(b) On what grounds did Shmuel himself repudiate this proof?

(c) According to others, Rav Acha B'rei de'Rav Ika tried to refute Shmuel's ruling from the case of the ten animals attached to one rein, where he does not acquire all the animals.
What did the seller say in this Lashon?

(d) How did Shmuel reject Rav Acha's Kashya? What distinction did he make between the two cases?

(a) We learned in our Mishnah that Metaltelin can obligate a Shevu'ah on Karka.
What source does Ula give for 'Gilgul Shevu'ah'?

(b) We learned in the Mishnah in Sotah 'Amen al ha'Alah, Amen al ha'Shevu'ah'.
What is ...

  1. ... the Alah?
  2. ... the Shevu'ah?
(c) We also learn from the same "Amen", 'Amen me'Ish Zeh, Amen me'Ish Acher' (see Tosfos DH 'Amen').
What does the other "Amen" come to teach us?

(d) What is the difference between a Nesu'ah and a Kenusah?

(a) Why can 'Arusah' not refer to an independent case where the husband warned her ...
  1. ... and made her drink when she was still an Arusah?
  2. ... warned her when she was an Arusah, and she secluded whilst she was an Arusah, but he makes her drink after they were already married?
  3. ... warned her when she was an Arusah, married her without consummating the marriage, when she secluded, and he made her drink?
(b) What does Ula prove from all this?

(c) There is one remaining way of explaining 'Arusah' without Gilgul Shevu'ah, but Ula does not agree with it.
What is it?

(d) Seeing as we cannot learn Mamon from Isur with a Binyan Av, how do we learn Gilgul Shevu'ah by Mamon (such as Mamon and Karka in our Mishnah)?

Answers to questions

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