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Kidushin 63

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


(a) Rebbi establishes the Pasuk in Ki Seitzei "Lo Sasgir Eed el Adonav" by someone who buys a slave with the express intention of setting him free. How does Rav Nachman bar Yitzchak establish the case?

(b) Why can the Tana not be speaking when he actually set him free, and now wants to enslave him again?

(c) The Tana Kama in the Beraisa holds (like the Tana of our Mishnah) 'Harei At Mekudeshes Li Le'achar she'Esgayer, Le'achar she'Tisgayri ... ', Einah Mekudeshes'.
What does Rebbi Meir say?

(d) What have we proved from these two Beraisos?

(a) Rebbi Yochanan ha'Sandlar agrees with the Tana Kama. Rebbi Yehudah ha'Nasi agrees in principle with Rebbi Meir, but he modifies his opinion in two of the cases in the Beraisa.
Which two cases? What does he say?

(b) Then why did Abaye not add Rebbi Yehudah ha'Nasi to his list of those who hold 'Adam Makneh Davar she'Lo Ba le'Olam'?

(a) Rebbi Akiva says that if a woman declares a Neder forbidding to her husband whatever she produces (despite the fact that she is Meshubad to produce for him a certain amount of work per week) - the husband needs to unnul the Neder.
Why is that?

(b) Why is this no proof that Rebbi Akiva too, holds 'Adam Makneh Davar she'Lo Ba le'Olam' (seeing as her work is not yet in the world)? How does Rav Huna Brei de'Rav Yehoshua establish the case, in order to refute this suggestion?

(a) Under what condition does the Tana of our Mishnah validate the Kidushin in a case where a man stipulated that he would speak on her behalf to the governor, or that he would work for her for a day?

(b) Resh Lakish establishes our Mishnah when he gave her a Perutah for the Kidushin.
Why is that necessary?

(c) What distinction does the Tana of the Beraisa make between a man who betroths a woman with the benefit that a woman derived when he helped her mount a donkey or settle in a boat on the one hand, and with the benefit that she will derive when he helps her to do so?

(d) How do we know that the Tana there is not speaking when the man gave her a Perutah over and above the assistance he afforded her?

(a) What does a second Beraisa rule in the case of a woman who says to a man 'If you keep me company, or laugh to me or dance before me, I will become betrothed to you'? How do we know that here too, the Tana is not speaking when he gave her a Perutah?

(b) How does Resh Lakish explain the Beraisa, to vindicate his interpretation of our Mishnah?

(c) Rava explains that Resh Lakish infers his interpretation of our Mishnah from the Lashon 'Harei At Mekudeshes Li al-M'nas she'Adaber Alayich le'Shilton'.
What should the Tana otherwise have said?

(a) What does the Tana of our Mishnah say about a man who betrothed a woman 'al-M'nas she'Yirtzeh Aba'? On what conditions is the Kidushin valid ...
  1. ... as long as his father remains alive?
  2. ... in the event that he dies?
(b) What does the Tana suggest in the event that the man himself dies?

(c) What problem do we have in establishing the Mishnah when the father ...

  1. ... actually gives his consent? Which section of the Mishnah will then not fit?
  2. ... remains silent?
(a) How does Rebbi Yanai Amar Resh Lakish finally establish the Metzi'a and the Seifa of the Mishnah ('Meis ha'Ben ... ')?

(b) Why can 'Ratzah ha'Av' not have the same connotations in the Reisha?

(c) How else might we have explained the Mishnah to explain the discrepancy between the Reisha and the Seifa?

(d) What can we learn from Rebbi Yanai?

(a) How does Rav Yosef bar Ami establish the Mishnah in order to avoid the whole problem?

(b) How will Rav Yosef bar Ami now explain ...

  1. ... the Reisha?
  2. ... the middle case?
  3. ... the Seifa?
Answers to questions



(a) What does our Mishnah say in the case of a father who forgot to whom he betrothed his daughter, and ...
  1. ... a man claims to be the Chasan?
  2. ... two men claim that they are the ones?
(b) What sort of agreement are they permitted to reach between them?

(c) Rav qualifies the Reisha of our Mishnah.
On what grounds is the sole claimant ...

  1. ... believed to give a Get?
  2. ... not believed to marry her?
(d) Rav Asi disagrees with Rav.
On what grounds ...
  1. ... does Rav Asi believe the claimant even if he wants to marry her?
  2. ... do we rule like Rav Asi in this case?
(a) What does the Beraisa that we cite in support of Rav Asi say in a case where, after the sole claimant marries her, a second claimant turns up and claims to be the lucky man?

(b) What reason does the Beraisa give as to why he is not believed if it is the woman who betrothed herself and forgot to whom?

(c) In which case does Rav Asi concede to Rav that the claimant is not believed?

(d) How does Rav reconcile his opinion with the Seifa of the Mishnah, where the Tana believes one of the two men even with regard to marrying the woman?

(a) From where do we know that a father is believed to say that his daughter is betrothed?

(b) According to Rav Asi, the father is even believed to the extent that, should his daughter subsequently commit adultery, Beis-Din will sentence the adulterer and her to stoning for adultery (even though there are no other witnesses).
On what grounds does Rav disagree with him?

(c) In which case does Rav Asi concede to Rav that they are not stoned?

(a) What seems strange about Rav Asi's opinion re. these two rulings?

(b) How does Rav Asi himself explain the paradox?

(c) If, on the other hand, the woman is not believed with re. to the Chiyuv Miysah, why is she believed with re. to the fact that she is betrothed?

(d) Rav Chisda, who does not differentiate between the father and the daughter, follows his own reasoning elsewhere.
What does Rav Chisda say about a father who testifies that his son is nine years old, and his daughter three? What is the significance of these ages?

(a) The Beraisa supports Rav Chisda.
What does the Tana say about a man who testifies that his son is thirteen or his daughter twelve? In which two regards is he ...
  1. ... believed, besides validating their Nedarim and regular Hekdesh?
  2. ... not believed?
(b) Does the Beraisa speak when they have produced Simanei Gadlus or not?

(c) What is the significance of Simanim that appear before they reach the age of Gadlus?

Answers to questions

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