REVIEW QUESTIONS ON GEMARA AND RASHI
prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem
Previous daf Kidushin 43
KIDUSHIN 43 (28 Sivan) - dedicated to the memory of Hagaon Rav Yisroel Zev
[ben Avrohom Tzvi] Gustman ZT'L (author of "Kuntresei Shi'urim" and renowned
Dayan of pre-war Vilna) on his Yahrzeit, by a student who merited to study
(a) According to Beis Shamai, who learns from "Al Kol D'var Pesha" that one
is Chayav Shelichus Yad even on the thought alone, there is no Shelichus by
In that case, why does he not learn from Me'ilah that 'Yesh
Sheli'ach li'D'var Aveirah'?
(b) How does the Tana Kama of the Beraisa learn Shelichus by Tevichah and
Mechirah, from the Pasuk in Mishpatim "u'Tevacho O Mecharo"?
(c) Tana de'Bei Rebbi Yishmael learns it from the word "O".
de'Bei Chizkiyah learn it from "Tachas ha'Shor, Tachas ha'Seh"?
(a) What do we learn from the Pasuk in Acharei-Mos (in connection with
Shechutei Chutz) "Dam Yechashev la'Ish ha'Hu Dam Shafach"?
(b) Why can we not then extend it to the entire Torah with a 'Mah Matzinu'?
(c) So from where do we finally learn 'Ein Sheli'ach li'D'var Aveirah'
(according to those who hold 'Sh'nei Kesuvim ha'Ba'im ke'Echad Melamdin')?
(a) According to those who hold 'Sh'nei Kesuvim ha'Ba'im ke'Echad Ein
Melamdin', the word "ha'Hu" is now superfluous on two occasions. One of
them comes to teach us that if two people Shecht Shechutei Chutz, they are
Patur from Ka'res.
What do we learn from the second "ha'Hu"?
(b) From where do those who hold 'Melamdin' learn these Dinim?
(c) And what do those who learn 'Ein Melamdin' learn from "Hu" "ha'Hu"?
(a) The Tana Kama of the Beraisa holds that if someone murders at the
instigation of someone else, then it is the Sheli'ach, and not the sender,
who is Chayav.
What does Shamai ha'Zaken say in the name of Chagai
(b) What is Shamai's ...
(c) On what grounds do we refute the original alternative explanation that
when Shamai says 'Chayav', he means be'Dinei Shamayim?
- ... source?
- ... reason, based on the previous discussion?
(d) As an alternative, we explain 'Ela Diyna Rabah ve'Diyna Zuta Ika
What does this mean?
(a) In a third alternative, Shamai may even hold 'Sh'nei Kesuvim ... Ein
Melamdin'. However, the Torah clearly indicates by David ha'Melech, where it
writes "Oso Haragta be'Cherev B'nei Amon", that 'Yesh Sheli'ach li'D'var
Then what is the Rabbanan's reason? How do they interpret this
(b) What is the reason for this? Why was David absolved from all guilt in
(c) What was wrong with Uri'ah ha'Chiti's statement "va'Adoni Yo'av ve'Chol
Avdei Adoni al P'nei ha'Sadeh Chonim"?
(d) What does Rava comment on the opinion of Shamai, assuming that he holds
'Sh'nei Kesuvim ... Melamdim' and 'Hu, ha'Hu Lo Darish', with re. to
someone who commits incest at the behest of his friend?
(a) Rav says that a Sheli'ach can also double as a witness.
Does it make
any difference whether it is one Sheli'ach who combines with a second
witness or whether two Sheluchim double as witnesses?
(b) What do de'Bei Rebbi Shiloh say?
(c) On what grounds do we reject the suggestion that de'Bei Rebbi Shiloh's
reason is because the Meshale'ach did not appoint the Sheli'ach as a
(d) Then what is the reason of ...
- ... Rav?
- ... de'Bei Rebbi Shiloh?
(a) The Beraisa cites a case of someone who asked three people to betroth a
woman on his behalf. According to Beis Shamai, one of them should perform
What do Beis Hillel say?
(b) What do we extrapolate from there with re. to a case where there are
only two Sheluchim?
(c) What problem does this leave us with?
(a) We conclude that Rav holds like Rebbi Nasan. According to Rebbi Nasan,
Beis Shamai says 'Sheli'ach ve'Eid'.
Answers to questions
What does he mean?
(b) What do Beis Hillel say?
(c) How do we amend the Beraisa to avoid having to establish Rav like Beis
(d) Rav Acha the son of Rava switches the opinions of Rav and de'Bei Rebbi
What is the final ruling?
(a) In which three cases does Rava Amar Rav Nachman rule that if someone
appoints Sheluchim to act on his behalf, they can both double as witnesses?
(b) Having taught us this in the case of ...
(c) How do we know that Rav Nachman must hold 'ha'Malveh es Chaveiro
be'Eidim, Ein Tzarich le'Por'o be'Eidim'?
- ... Kidushin, why does he need to repeat in by Gerushin?
- ... Gerushin, why did he need to repeat it by money matters?
(d) On what grounds are they then believed to say that they paid the
(a) Chazal instituted a Shevu'as Heses.
What is a Shevu'as Hesses?
(b) How does this affect our case? What will be the Din if the Sheluchim
testify that they paid the creditor the money, but the creditor denies
having received it?
(a) According to the Tana Kama of the Mishnah in Gitin, both the Na'arah
ha'Me'urasah and her father have the right to accept her Gerushin from the
man who betrothed her.
What does Rebbi Yehudah say?
(b) Who receives the Get of a Na'arah or a Ketanah who is married?
(c) The Tana of the Mishnah also forbids a man to divorce his wife if she is
unable to look after her Get.
How does Rebbi Yitzchak extrapolate this
from the Pasuk in Ki Seitzei "ve'Shilchah mi'Beiso"?
(d) Does this apply even if it her father who receives the Get?
(a) Resh Lakish maintains that the Rabbanan and Rebbi Yehudah repeat their
Machlokes (as to whether a Na'arah can receive her own Get) by Kidushin.
What does Rebbi Yochanan say?
Answers to questions
(b) What reason does Rebbi Yossi b'Rebbi Chanina initially give to explain
the difference between Gerushin and Kidushin according to the Rabbanan?
(c) The Tana says that only the father can initiate the Ma'amar (the
Kidushei Yevamah) of a Ketanah min ha'Eirusin.
What does he say about the
Ma'amar of a Na'arah?
(d) How does this pose a Kashya on Rebbi Yossi b'Rebbi Chanina?