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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Kidushin 59

KIDUSHIN 59 - dedicated by Marsha and Lee Weinblatt in memory of her mother, Esther Friedman (Esther Chaya Raizel bas Gershom Eliezer) and father, Hyman Smulevitz (Chaim Yisachar ben Yaakov).

1) Why does the Tana of ...

  1. ... our Mishnah prefer 'ha'Omer la'Chaveiro' (to 'ha'Omer li'Shelucho')?
  2. ... the Tana in ha'Ish Mekadesh' prefer 'ha'Omer li'Shelucho (Tzei ve'Kadesh Li Ishah P'lonis be'Makom P'loni ... ') rather than 'ha'Omer la'Chaveiro'?
(a) In view of our Mishnah, why did ...
  1. ... Ravin Chasida betroth for himself the woman whom his son had sent him to betroth on his behalf?
  2. ... Rav purchase the field that Rabah bar bar Chanah had sent him to purchase on his behalf?
(b) Then why did neither of them at least first inform his sender of his intentions?
(a) What did Rebbi Aba do that caused Rav Gidal to complain about him to Rebbi Zeira (who passed on the complaint to Rebbi Yitzchak Nafcha)?

(b) What is the Din of 'Ani ha'Mehapech ba'Chararah'? What is the case?

(c) How did Rebbi Aba justify his actions to Rebbi Yitzchak Nafcha?

(d) What happened in the end? Why did Rebbi Aba not just sell the field to Rebbi Zeira?

(a) What do Rav and Shmuel rule with re. to the case in our Mishnah where a man said to a woman 'Hiskadshi Li le'Achar Sheloshim Yom' (but where no second man betrothed her in the middle)? Does the Kidushin become valid after thirty days, even if none of the money remains?

(b) The reason they give for this is because the money is neither like a loan nor is it like a deposit.
What would be the Din if no money was left and it was considered ...

  1. ... a loan?
  2. ... a deposit?
(c) Then what is Rav and Shmuel's reason for saying that the Kidushin is in fact, valid in this case?
(a) According to Rebbi Yochanan, if, in the Reisha of our Mishnah, another man did not betroth her, the Mekadesh has the right to retract. What does Resh Lakish say?

(b) What is the basis of their Machlokes?

(c) How will Resh Lakish reconcile his ruling in the case of Kidushin with the Mishnah ...

  1. ... in Terumos, which empowers the owner to negate the Sheli'ach he sent to separate Terumah on his behalf, as long as he has not yet performed his Shelichus?
  2. ... in Gitin, which empowers the husband to negate the Shelichus of the Sheli'ach ha'Get, even though he performed the act of handing the Get to the Sheli'ach?
Answers to questions



(a) What does the Tana of the Beraisa mean when he states 'Kol ha'Keilim ...
  1. ... Yordin li'Yedei Tum'asan be'Machshavah'?
  2. ... ve'Ein Olin mi'Yedei Tum'asan Ela al-Yedei Ma'aseh'?
(b) How does Rebbi Yochanan reconcile his opinion with this Beraisa? Why is Machshavah not sufficient to take the vessel out of its status of Tum'ah?

(c) What does Rav Papa learn from the fact that the Torah writes in Shemini (in connection with preparing a food for Tum'ah) "ve'Chi Yutan Mayim al Zera", without a 'Vav' (as if it was writing "ve'Chi Yiten" ... ")?

(a) Rav Z'vid learns the Machlokes between Rebbi Yochanan and Resh Lakish in connection with the Mishnah in Asarah Yuchsin, where it is the woman who negates the Shelichus of her Sheli'ach (and not on connection with our Mishnah, where the act of handing the Kidushin to the woman was also performed).
Why does he do that? What will Rebbi Yochanan hold in a case where the man wants to negate the Kidushin within thirty days?

(b) According to Rav Z'vid's version of the Machlokes, the entire Sugya repeats itself, except for the Kashya from the Mishnah in Terumos (where the initial answer that we gave is no longer relevant).
How does Resh Lakish now explain why the Tana denies the owner the right to negate his Sheli'ach?

(c) When we rule like Rebbi Yochanan, is this according to Rav Z'vid's version of the Machlokes (which pertains to the Mishnah in Asarah Yuchsin), or even according to the original Lashon (that pertains to our Mishnah), where the act of handing the Kidushin to the woman was also performed?

(a) Rav Sheishes holds that once the husband negates the Sheli'ach ha'Get, the Get itself becomes invalid.
What does Rav Nachman say?

(b) How do we reconcile our previous ruling like Rebbi Yochanan (re. 'Asi Dibur u'Mevatel Dibur'), with the fact that we rule like Rav Nachman here?

(a) Re. the second case in our Mishnah (where the man said 'Harei At Mekudeshes Li le'Achar Sheloshim Yom ... '), Rav says 'Mekudeshes le'Sheini le'Olam'.
What does Shmuel say?

(b) What problem does Rav Chisda have with Shmuel's opinion?

(c) Rav Yosef resolves this problem by citing Rav Yehudah, who establishes the Machlokes on the Seifa (on the case of 'me'Achshav u'Lachar Sheloshim').
What is now the opinion ...

  1. ... of Rav?
  2. ... of Shmuel?
(d) And how do we now explain the reasoning of ...
  1. ... Rav?
  2. ... Shmuel?
(a) The Chachamim in a Beraisa say 'me'Hayom u'le'Achar Miysah, Get ve'Eino Get'.
What does Rebbi say?

(b) What is the basis of their Machlokes?

(c) Why then, according to the Rabbanan, might the Get not be valid?

(d) Seeing as Rav and Shmuel ostensibly repeat the same basic Machlokes as that of the Rabbanan and Rebbi, why did ...

  1. ... Rav not say 'Halachah ke'Rabbanan?
  2. ... Shmuel not say 'Halachah ke'Rebbi'?
Answers to questions

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