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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Kidushin 44

KIDUSHIN 44 - dedicated by Rav Mordechai Rabin (London/Har Nof), on the day of the Yahrzeit of his mother (28 Sivan).


(a) We amend Rebbi Yossi b'Rebbi Chanina, who now attributes Rebbi Yochanan's reason (that the Rabbanan concede that the Na'arah may not receive her own Kidushin) to the fact that Kidushin requires Da'as, unlike a Get, which a husband may give against her will (so it makes no difference who receives it).
What is again the problem with this from Ma'amar?

(b) We therefore establish the case of Ma'amar (which she may also receive) like Rebbi.
What does Rebbi say there?

(c) What do the Chachamim hold?

(a) Rebbi learns Ma'amar Ba'al -Korchah from the Bi'ah of a Yevamah (which may also be performed Ba'al Korchah).
What is the Rabbanan's source?

(b) What is the source of their Machlokes? Why does ...

  1. ... Rebbi decline to learn like the Rabbanan?
  2. ... the Rabbanan not learn like Rebbi?
(c) What does the Mishnah about Ma'amar say in conclusion about Kidushin?

(d) Why is this not a proof for Rebbi Yochanan (in whose opinion the Rabbanan argue with Rebbi Yehudah [about two Yados] by Gitin, but not by Kidushin)? How will Resh Lakish (who maintains that the Rabbanan argue by Kidushin too) establish the Mishnah?

(a) If the author of this Mishnah is Rebbi Yehudah, why does he say 'Mah she'Ein Kein be'Kidushin' (rather than 'Mah she'Ein Kein be'Gerushin')?

(b) On what grounds does Rebbi Yehudah differentiate between Gerushin and Ma'amar (seeing as both are Ba'al Korchah)?

(c) How do we use this distinction to reestablish Rebbi Yossi b'Rebbi Chanina's explanation in Rebbi Yochanan (distinguishing between Kidushin which takes her out of her father's domain, and Gerushin, which brings her in)?

(a) What can we extrapolate from our Mishnah '*ha'Ish* Mekadesh es Bito ke'she'Hi Na'arah, Bo u'vi'Shelucho'?

(b) How do we initially establish the Mishnah, to reconcile it with Resh Lakish?

(c) The Seifa of our Mishnah (later in the Perek) states 'ha'Omer le'Ishah Hiskadshi Li bi'Temarah Zu, Hiskadshi Li be'Zu Im Yesh be'Achas Meihen Shaveh Perutah, Mekudeshes'.
Why must the author of the Mishnah be Rebbi Shimon? What does he say in a case where someone responds to five people who claim an article that they deposited with him with 'Shevu'ah she'Ein Lecha be'Yadi Lo Lecha, ve'Lo Lecha'?

(a) Rebbi Meir says in a Beraisa 'Zeh ha'K'lal; K'lal, Eino Chayav Ela Achas; P'rat, Chayav al Kol Achas ve'Achas'.
What does Rebbi Yehudah say in a case of 'Shevu'ah Lo Lecha, Lo Lecha, Lo Lecha?

(b) What would he have to have responded to be Chayav a Shevu'ah to each one, according to Rebbi Elazar?

(c) How does Rebbi Yehudah's opinion here affect our proposal to establish our Mishnah ('*ha'Ish* Mekadesh Bo u'vi'Shelucho') like Rebbi Yehudah?

(d) Then how will Resh Lakish establish our Mishnah to avoid being faced with a discrepancy between our Mishnah and the Rabbanan?

(a) What did Rebbi Zeira reply, when Rebbi Asi, who had not been to the Beis-ha'Medrash the previous day, asked him what they had learned there?

(b) Which ruling had been issued according to Rebbi Avin? How had Resh Lakish reacted to the ruling?

(c) What did Rebbi Zeira reply when Rebbi Asi queried Rebbi Avin's reliability? What did he mean when he said 'ke'Min Yama le'Tigni?

(d) Rav Nachman bar Yitzchak said that he did not know whether the Rebbi Avin was Rebbi Avin bar Chiya or Rebbi Avin bar Kahana (because he had been quoted 'Rebbi Avin' Stam).
What difference does it make which Rebbi Avin it was?

Answers to questions



(a) Rava asked Rav Nachman whether a Na'arah can appoint a Shelia'ch to receive her Get from her husband.
What are the two sides of the She'eilah?

(b) What did Rava say about a case where a husband placed a Get into the hands of his wife's Eved whilst he was asleep and his wife was guarding him?

(c) Why would she not be divorced if he did so whilst the Eved was awake?
What do we prove from the first of these two Halachos?

(d) How do we subsequently amend the She'eilah?

(a) What is the outcome of Rava's She'eilah? How did Rav Nachman resolve it?

(b) How does Rav Nachman then establish the Beraisa 'Ketanah she'Amrah Hiskabel Li Giti Eino Get ad she'Higi'a Get le'Yadah', implying that in the case of a Na'arah, it would be a Get?

(c) What does the Seifa of the Beraisa rule in a case where the Ketanah's father appointed a Sheli'ach le'Kabalah? Is the father permitted to retract once the Sheli'ach has the Get in his hands?

(d) Then how can Rav Nachman establish the Reisha when there is no father?

(a) What did Karna find strange about Shmuel's statement 'Ketanah she'Niskadshah she'Lo le'Da'as Avihah, Tzerichah Get u'Tzerichah Miy'un'?

(b) Why did they send Shmuel's statement to Mar Ukva in Kafri (rather than ask Shmuel in Neherda'a whether he had really said such a thing)?

(c) What did Mar Ukva subsequently do? Why did he change the case?

(d) How did Rav react when he received this version of the Machlokes between Shmuel and Karna?

(a) How does Rav Acha B'rei de'Rav Ika explain Shmuel's statement.
Why should the Ketanah require both a Get and Miy'un?

(b) How does Rav Nachman qualify this Din? When would neither a Get nor Miy'un be required?

(a) Ula disagrees with Rav and Shmuel.
What does he say?

(b) How do we answer the Kashya 'Af-al-Gav de'Shidchu?'

(c) What does Ula say in the second Lashon? In what point does the second Lashon differ from the first?

(a) The Mishnah in Yevamos (with re. to Tzaros Ervah) states 've'Chulan Im Meisu, O Miy'anu O Nisgarshu O she'Nimtze'u Aylonis, Tzaroseihen Mutaros'. Why can the Tana not be speaking when the father (to whom the Tzarah now falls) betrothed his daughter to his brother?

(b) Then who betrothed her?

(c) How will Ula, in whose opinion a girl who betroths herself does not even require Miy'un, then explain the Mishnah?

(d) Seeing as she is after all, a Ketanah, why did the Rabbanan give the right to a Yesomah be'Chayei ha'Av to betroth herself?

Answers to questions

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