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Kidushin 58

KIDUSHIN 58 (13 Tamuz) - Dedicated by Chaim Ozer & Rena Shulman of Teaneck, New Jersey, in memory of his grandmother, Rebbetzin Chiena Kossowsky Z"L, an extraordinary Tzadekes and Melumedes, who passed away on 13 Tamuz 5755 on her 82nd birthday.


(a) Rebbi Shimon in a Beraisa validates Kidushin that were performed with Petter Chamor, Basar be'Chalav and Chulin she'Nishchatu ba'zarah.
What do the Chachamim say?

(b) What is Rebbi Shimon's reason in the case of ...

  1. ... Petter Chamor (during its lifetime) and Basar be'Chalav?
  2. ... Chulin she'Nishchatu ba'Azarah?
(c) Why, according to him, did Chazal issue such a decree?
(a) Mar Yehudah had a problem with the above ruling of Rebbi Shimon from another statement of Rebbi Shimon.
What did Rebbi Shimon say in another Beraisa re. a Beheimah of Chulin or a Chayah that were Shechted in the Azarah?

(b) Why does Mar Yehudah have ...

  1. ... no problem with the case of Beheimah?
  2. ... a problem with the case of Chayah?
(c) Why would he have no problem if Chulin she'Nishchatu ba'Azarah were d'Oraysa?
(a) Rabah was not impressed with Mar Yehudah's Kashya.
What title did he confer upon him?

(b) How does Rabah establish the first ruling of Rebbi Shimon, validating a Kidushin performed with Chulin she'Nishchatu ba'Azarah?

(c) How does this answer Mar Yehudah's Kashya?

(d) According to Rabah, does Rebbi Shimon hold that Chulin she'Nishchatu ba'Azarah is d'Oraysa or de'Rabbanan?

(a) What do we learn from the Pasuk in Eikev "Vehayisa Cherem Kamohu"?

(b) What can we extrapolate from there with re. to other Isurei Hana'ah?

(c) Why do we not learn from a 'Mah Matzinu' from Avodas Kochavim, that the Isur is transferred to the money?

(d) What do we learn from ...

  1. ... the Pasuk in Behar "Yovel Hi, Kodesh Tih'yeh Lachem"?
  2. ... the word "Tih'yeh"? What would we otherwise have thought?
(a) What actually happens with the proceeds of Shevi'is in a case where one purchased ...
  1. ... meat with Sh'mitah fruit?
  2. ... fish with the meat, wine with the fish, and oil with the wine?
(b) The significance of the fact that we now have two cases where the Isur is transferred to (or extends to) the money is that we now have 'Sh'nei Kesuvim ha'Ba'im ke'Echad'.
Is 'Sh'nei Kesuvim ha'Ba'im ke'Echad Ein Melamdin' a unanimous ruling?

(c) According to the latter opinion, what do we learn from the Pasuk "Ki Cherem *Hu*" and the Pasuk "Yovel *Hi*"?

(a) What does our Mishnah say about someone who betroths a woman with Terumos, Ma'asros, Matanos, Mei Chatas and Eifer Parah?

(b) The Tana adds 'va'Afilu Yisrael'.
According to the plain meaning of the words, with what is he betrothing her?

(c) What principle can we extrapolate from the Mishnah, according to this interpretation?

(d) Rebbi Aba queried a statement of Ula from this Mishnah.
What did Ula say?

(a) How does Ula establish our Mishnah to answer the Kashya?

(b) What Chidush is the Tana then coming to teach us?

(c) Why did Ula not establish the Mishnah when the Mekadesh inherited *Terumah* from his maternal grandfather?

(d) When Rav Huna attempted to resolve Rav Chiya bar Avin's She'eilah about whether Tovas Hana'ah is Mamon or not, from our Mishnah, the latter pointed to Ula's interpretation of the Mishnah.
What did ...

  1. ... Rav Huna mean when he retorted "Hotza'ah At'?
  2. ... Rav Chiya bar Avin think Rav Huna meant (with the result that h felt embarrassed)?
Answers to questions



(a) According to Rebbi in a Beraisa, someone who steals his friend's Tevel and eats it, is obligated to pay for everything he ate. Considering that part of what he ate is Chulin, and part Ma'asros, what exactly does this mean?

(b) What does Rebbi Yossi b'Rebbi Yehudah say?

(c) We refute the suggestion that Rebbi obligates him to pay for the Ma'asros too, because he holds 'Tovas Hana'ah Mamon', whereas Rebbi Yossi b'Rebbi Yehudah holds 'Tovas Hana'ah Eino Mamon'.
What then, will be the basis of their Machlokes? What is the case?

(d) What will both opinions then hold with re. to 'Tovas Hana'ah Mamon?

(a) Alternatively, both Tana'im hold ' ... K'mi she'Hurmu Damyan' and 'Tovas Hana'ah Eino Mamon', and they argue over Shmuel's Din.
What does Shmuel say regarding Shiur Terumah?

(b) What is then their Machlokes?

(c) Does Rebbi also argue with Rebbi Yossi b'Rebbi Yehudah regarding Ma'aser?

(d) We could have established their Machlokes like in the previous case (when the owner inherited the Tevel from his maternal grandfather Kohen; in which case both Tana'im would hold ' ... K'mi she'Lo Hurmu Damyan' and 'Tovas Hana'ah Mamon', and they argue over Shmuel's Din.
Why did we not do so?

(a) Finally, we propose that neither Tana holds like Shmuel, or that both hold like him.
Assuming that Rebbi *does not hold like Shmuel*, why might he nevertheless obligate the thief to pay in full?

(b) And why might Rebbi Yossi b'Rebbi Yehudah exempt him from paying in full, even if he *does*?

(a) What does the Mishnah in Bechoros say about ...
  1. ... a Dayan who takes money to judge?
  2. ... witnesses who take money to testify?
  3. ... a Kohen who takes money to sprinkle?
  4. ... a Kohen who takes money to mix the Mei Parah?
(b) How do we resolve our Mishnah which rules 'ha'Mekadesh ... be'Mei Chatas u've'Eifer Parah, Mekudeshes, va'Afilu Yisrael', with the Mishnah in Bechoros? What sort of Hana'ah is the man (and subsequently the woman permitted to derive from the Mei Chatas and the Eifer Parah)?

(c) How do we substantiate this answer from the difference in wording between the two Mishnahs?

***** Hadran Alach ha'Ish Mekadesh *****

***** Perek ha'Omer *****


(a) What will be the Din if someone asks his friend to betroth a woman on his behalf and he betroths her himself? To whom is she betrothed?

(b) To which man will a woman be betrothed if a man betroths a woman whom another man had betrothed earlier ...

  1. ... for after thirty days?
  2. ... from then and after thirty days?
(c) In a case where a second man did not betroth her, where in the Reisha, she is permitted to eat Terumah during those thirty days (see Tosfos Yom-Tov), why, in the Seifa, is she not, assuming she is ...
  1. ... a bas Yisrael le'Kohen?
  2. ... a bas Kohen le'Yisrael?
(a) What does the Beraisa say about the case in the Reisha of our Mishnah, where the man betrothed the woman whom his friend had asked him to betroth on his behalf?

(b) How do infer this from the Lashon of the Mishnah 'ha'Omer la'Chaveiro ... ve'Halach ve'Kidshah le'Atzmo ... '?

Answers to questions

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