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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 under him.


(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 Shelichus Yad.
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".
How does 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 ha'Navi?

(b) What is Shamai's ...

  1. ... source?
  2. ... reason, based on the previous discussion?
(c) On what grounds do we refute the original alternative explanation that when Shamai says 'Chayav', he means be'Dinei Shamayim?

(d) As an alternative, we explain 'Ela Diyna Rabah ve'Diyna Zuta Ika Beinayhu'.
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 Aveirah'.
Then what is the Rabbanan's reason? How do they interpret this Pasuk?

(b) What is the reason for this? Why was David absolved from all guilt in that episode?

(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 witness?

(d) Then what is the reason of ...

  1. ... Rav?
  2. ... 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 the Shelichus.
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'.
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 Shamai?

(d) Rav Acha the son of Rava switches the opinions of Rav and de'Bei Rebbi Shilo.
What is the final ruling?

Answers to questions



(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 ...

  1. ... Kidushin, why does he need to repeat in by Gerushin?
  2. ... Gerushin, why did he need to repeat it by money matters?
(c) How do we know that Rav Nachman must hold 'ha'Malveh es Chaveiro be'Eidim, Ein Tzarich le'Por'o be'Eidim'?

(d) On what grounds are they then believed to say that they paid the creditor?

(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?

(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?

Answers to questions

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