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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Kidushin 49

KIDUSHIN 49-50 - sponsored by a generous grant from an anonymous donor. Kollel Iyun Hadaf is indebted to him for his encouragement and support and prays that Hashem will repay him in kind.

1) In which regard does Abaye equate the opinions of Rebbi Shimon, Raban Shimon ben Gamliel and Rebbi Elazar?


(a) What are the major differences between a Get Pashut and a Get Mekushar? In what way is the latter different?

(b) Why did Chazal institute a Get Mekushar?

(c) The Tana Kama of the Mishnah in Bava Basra invalidates a Get Pashut whose witnesses signed on the outside and a Get Mekushar whose witnesses signed on the inside.
What does Rebbi Chanina ben Gamliel say?

(d) On what grounds do the Rabbanan disagree with Rebbi Chanina ben Gamliel?

(a) Raban Shimon ben Gamliel rules 'ha'Kol ke'Minhag ha'Medinah'.
What problem do we have with this? Why can it not be understood literally?

(b) What will therefore be the Din in a case where the Minhag ha'Medinah is to write a Get Pashut, and the Sheli'ach wrote a Get Mekushar, or vice-versa, and gave it to the woman?

(c) How does Rav Ashi (or Abaye) then establish the dispute between the Tana Kama and Raban Shimon ben Gamliel?

(d) The Tana Kama in the Mishnah in Gitin rules that if a woman asks her Sheli'ach to receive her Get from a specified place and he received it elsewhere, she is not divorced.
What does Rebbi Elazar say? Why do we cite this Beraisa here?

(a) Rebbi Shimon ('Im Hit'ah li'Sh'vach, Mekudeshes'), speaks about Sh'vach Mamon, says Ula, but not Sh'vach Yuchsin.
What is Sh'vach Yuchsin?

(b) What is the reason for this?

(c) We cite a Beraisa in support of Ula. How does Rav Ashi prove it further from the Seifa of our Mishnah (on the following Amud) 'al-M'nas she'Ani Kohen, ve'Nimtza Levi ... , Nasin ve'Nimtza Mamzer ... '? What ruling does the Tana there issue?

(a) Mar bar Rav Ashi counters his father's proof from the Seifa, which also inserts the case 'al-M'nas she'Yesh Li Bas O Shifchah Megudeles, ve'Ein Lo ... *al-M'nas she'Ein Lo ve'Yesh Lo*'.
What does he extrapolate from there?

(b) How do we refute Mar bar Rav Ashi's counter proof (even assuming that 'al-M'nas she'Yesh Li Bas O Shifchah Megudeles' is indeed Sh'vach Mamon, as Mar thought)?

(c) Alternatively, we establish that case too, to be Sh'vach Yuchsin. How is that the case?

(a) According to the Tana Kama of the Beraisa, what are the minimum requirements for a man who stipulates that he is a 'Karyana'?

(b) Why is it necessary to interpret Rebbi Yehudah's statement 'ad she'Yikra vi'Yetargem' to mean that he must also have given Unklus' translation? What did Rebbi Yehudah himself say about someone who translates Pesukim literally not according to Unklus' translation ...

  1. ... but detracts from it?
  2. ... but adds to it?
(c) What distinction do we draw between a 'Karyana' and a 'Kara'?
Answers to questions



(a) According to Chizkiyah, if he stipulates that he is 'Shoneh', he must know Halachos le'Mosheh mi'Sinai (according to the Rif, 'Shoneh' means Mishnah).
What does Rebbi Yochanan say?

(b) Rebbi Meir in a Beraisa, explains 'Mishnah' to mean Halachos (le'Moshe mi'Sinai). What does Rebbi Yehudah mean when he says Medrash?

(c) How do we reconcile Rebbi Yochanan with the Beraisa?

(d) 'Shoneh' is equivalent to 'Tanina'.
What is he expected to know if he stipulates 'al M'nas she'Ani Tana'?

(a) What is expected of a man who stipulates that he is ...
  1. ... a Talmid?
  2. ... a Chacham?
  3. ... strong?
  4. ... a wealthy man?
(b) Who are quoted as being ...
  1. ... the ideal Talmidim?
  2. ... the Chachmei Yavneh?
  3. ... the epitome of strength?
(c) On what grounds is the woman (Safek) betrothed if the man stipulated that he was ...
  1. ... a Tzadik, and turned out to be a Rasha?
  2. ... a Rasha, and turned out to be a Tzadik?
(d) What did Rebbi Elazar ben Charsum and Rebbi Elazar ben Azaryah have in common?
(a) Nine of the ten Kabin of wisdom that came into the world went to Eretz Yisrael, and of beauty, to Yerushalayim. Who took nine tenths of the world's ...
  1. ... wealth?
  2. ... poverty?
  3. ... conceit?
(b) How do we reconcile this with Rebbi Yochanan, who, explaining a Pasuk in Zecharyah, states that flattery and conceit went to Bavel?

(c) We extrapolate this from the Lashon of the Pasuk, which, speaking about the two women, goes on to say "Livnos Lah Bayis" (in the singular, implying that one of the two (conceit) did not remain there.
How else might we extrapolate it from there?

(d) What do we then mean when we say 'Si'man le'Gasus, Aniyus', seeing as we just said that poverty went to Bavel, and conceit, to Eilam?

(a) To whom does Rebbi Yochanan connect the Pasuk in Shir Hashirim "Achos Lanu Ketanah, ve'Shadayim Ein Lah"? What do the Shadayim represent?

(b) What advantage in this respect, did Bavel enjoy over Eilam?

(c) Who were the leaders of ...

  1. ... Eilam, who did not teach Torah?
  2. ... Bavel, who did?
(d) If the Persians took the lion's share of strength, and the Medes, of lice, who took the lion's share of ...
  1. ... witchcraft?
  2. ... leprosy?
  3. ... immorality?
(a) What does the Tana mean when he says that Meishan took the bulk of Azus that came down to the world? What is Azus?

(b) And who took the bulk of ...

  1. ... chatter?
  2. ... drunkenness?
  3. ... sleep?
(a) Whether the man stipulated that he lived in a city or in a town, near the bathhouse or far from it, or that he had children or that he didn't, and the reverse is found to be true, the Kidushin is void.
Why might living in a city be considered a disadvantage to living in a town?

(b) Will the woman be betrothed, if she subsequently declares that she had in mind to accept him anyway?

(c) What will be the Din if it was the *woman* who stipulated and the reverse is found to be true?

(a) What subsequently happened in the case of the man who sold his property with the intention of going to live in Eretz Yisrael?

(b) Seeing as he intended to sell it exclusively with that in mindt, Rava did not invalidate the sale?

Answers to questions

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