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Kidushin 62

KIDUSHIN 61-65 - Ari Kornfeld has generously sponsored the Dafyomi publications for these Dafim for the benefit of Klal Yisrael.


(a) We ask on Rebbi Meir ('mi'Ch'lal La'av I Atah Shome'a Hein') from the Pasuk in Naso "Im Lo Shachav Ish Osach, Hinaki", which doesn't repeat the Hein ("ve'Im Shachav, Lo Tinaki").
Why is this a Kashya, considering that the Pasuk continues "ve'At Ki Satis ... "?

(b) What does Rebbi Tanchum mean when he replies "Hinaki" K'siv? What does he extrapolate from the spelling of "Hinaki"?

(c) How does Rebbi Chanina ben Gamliel ('mi'Ch'lal La'av Atah Shome'a Hein') explain 'Chinaki'? Why does he require a Pasuk for that?

(a) Having written in Chukas "ve'Hizah ha'Tahor al ha'Tamei ba'Yom ha'Shelishi u'va'Yom ha'Shevi'i", how does Rebbi Chanina ben Gamliel explain the Torah's need to repeat there "ve'Im Lo Yis'chata ... "?

(b) And why does the Torah then need to add ...

  1. ... "ve'Hizah ha'Tahor ... ba'Yom ha'Shelishi u'va'Yom ha'Shevi'i"?
  2. ... "ve'Chit'o ba'Yom ha'Shelishi ... "?
(a) On what grounds does the Tana of our Mishnah validate the Kidushin, even if the man only betrothed the woman presuming her to be a Kohenes or a Levi'ah, a poor man or a rich one, and she turns out to be the opposite?

(b) What does the Tana there say in a case where a man betroths a woman ...

  1. ... after he or she converts or after he or she is set free?
  2. ... after her husband or her sister dies? To whom is he referring in this latter case?
(c) The Tana adds to the list 'le'Achar she'Yachlotz Lach Yevamech'.
What must he then hold?

(d) The final case in the Mishnah is when a man says to his friend 'Im Yaldah Ishtecha Nekeivah, Harei Zu Mekudeshes'.
Why is the Kidushin not valid in all these cases?

(a) What do we learn from the Pasuk in Shoftim "Reishis "Degancha*" (with regard to Mechubar)?

(b) The Mishnah in Terumos states that if someone separates Terumah from crops that are detached to cover crops that are attached, his Terumah is not valid.
What happens to ...

  1. ... the Terumah that he separated?
  2. ... the attached crops which he tried to Ma'aser?
(c) What did Rebbi Yochanan rule when Rebbi Asi asked him what the Din will be if someone separates Terumah from crops that are detached to cover crops that are attached (or vice-versa), but stipulates that the Terumah should take effect only after they have become detached?

(d) How did Rebbi Yochanan reconcile this ruling with the Tana of our Mishnah, which invalidates the Kidushin in the case of 'le'Achar she'Esgayer O le'Achar she'Tisgayri', even though it would appear to be within their power to remedy this immediately, should they so wish?

Answers to questions


5) What do we learn from the fact that the Torah writes in Emor "Mishpat Echad Yih'yeh Lachem" in connection with Geirim?


(a) Why will the Kidushin not be valid, according to Rebbi Yochanan (who says that whenever the man has the power to change the situation now, the Kidushin is valid) if someone gave a Perutah ...
  1. ... to his Shifchah, stipulating that the Kidushin will only take effect after he has set her free?
  2. ... to his wife, stipulating that the Kidushin will only take effect after he has divorced her?
(b) Why can we not resolve Rav Oshaya's She'eilah whether, if a man gives two Perutos to a woman as Kidushin, one to take effect immediately, the other, after he has divorced her, the second Kidushin takes effect or not? Why can we not now prove that it does not?

(c) How do we know that the Halachah is like Rebbi Yochanan?

(a) In the same Beraisa (of 'Ein Tormin min ha'Talush al ha'Mechubar ... '), Rebbi Eliezer ben Ya'akov even validates the Terumah in a case of 'Peyros Arugah Zu Telushin Yih'yu Terumah Al Peyros Arugah Zu Mechuberes le'che'Yavi'u Sh'lish' (despite the fact that it is not within his power to achieve this). Why is that?

(b) What do we Darshen from the Pasuk in Behar "ve'Asas es ha'Tevu'ah *li'Shelosh* ha'Shanim"?

(c) According to Rabah, Rebbi Eliezer ben Ya'akov only says this when, at the time of the declaration, the produce has already grown 'be'Shachas', but not 'be'Agam'.
What is ...

  1. ... 'be'Shachas'?
  2. ... 'be'Agam'? What is the significance of the Pasuk in Yeshayah "ha'Lachof ke'Agmon Rosho"?
(d) What is the reason for this difference?
(a) According to the first Lashon, how does Rav Yosef establish Rebbi Eliezer ben Ya'akov?

(b) How does Rebbi Chanina qualify our Mishnah, 'ha'Omer la'Chaveiro Im Yaldah Ishtecha Nekeivah Mekudeshes Li, Lo Amar K'lum'?

(c) How will Rabah and Rav Yosef respectively establish Rebbi Chanina?

(d) Why is it important to establish the opinion of Rebbi Eliezer ben Ya'akov?

(a) In the second Lashon, Rav Yosef agrees with Rabah that Rebbi Eliezer ben Ya'akov requires be'Shachas'. However, Rabah restricts Rebbi Eliezer ben Ya'akov to Shachas de'Bei Kivsha, whereas Rav Yosef extends it to Shachas de'Bei Shakya.
What is ...
  1. ... 'Shachas de'Bei Kivsha'?
  2. ... 'Shachas de'Bei Shakya'?
(b) What is the reason for this distinction?

(c) How will Rav Yosef now establish Rebbi Chanina?

(d) On what grounds will even Rabah agree that the Kidushin is valid?

10) Abaye lists two other Tana'im, besides Rebbi Eliezer ben Ya'akov, who hold 'Adam Makneh Davar she'Lo Ba le'Olam'.
Who are they?

Answers to questions

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