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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Kidushin 74

KIDUSHIN 72-75 - 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.


(a) Under which circumstances does the Tana believe the owner of an article which he sold to attest that he sold it to Reuven and not to Shimon?

(b) If he had handed over the article to the purchaser, why would we need him to attest who purchased it?

(c) If it did not concern the owner who bought the article, he would not be believed.
Of what concern is it to him which of the two is the purchaser?

(d) Why can we not ascertain who the purchaser is by determining which of them paid him?

(a) And under which circumstances does the Tana believe a Dayan to say which of the litigants he vindicated and which he obligated to pay?

(b) Why do we not just see which of the two litigants is holding the document of merit?

(c) Why is it not possible for the Dayan himself or even another Dayan to litigate all over again? What if it had been?

(d) What would be a case of Shuda de'Dayna?

(a) Rav Nachman rules that the midwife, the father and the mother are believed to testify that a baby is a Bechor, though he does not give them all the same time-period.
During which stage does he believe ...
  1. ... the midwife?
  2. ... the baby's mother?
  3. ... the baby's father?
(b) On what basis is the father believed forever?

(c) The Chachamim in a Beraisa confine the father's credibility to testifying that his son is a Bechor.
In what way does Rebbi Yehudah extend it?

(a) What does Aba Shaul mean when he calls a Shesuki 'Beduki'?

(b) What does Raban Gamliel (and Rebbi Eliezer) say in the Mishnah in Kesuvos re. a pregnant woman who claims that she is pregnant from such and such a Kohen?

(c) Rebbi Yehoshua does not believe her.
Like whom is the Halachah?

(d) Why did Rebbi find it necessary to repeat Aba Shaul's ruling, seeing as he has already taught us that of Raban Gamliel? Why did he not just add in Kesuvos 've'Chein Amar Aba Shaul'?

(a) This answer goes according to those who actually confine Raban Gamliel's ruling to the woman herself (but not to her child).
How will those who extend Raban Gamliel ruling to her child, explain why Rebbi finds it necessary to cite Aba Shaul?

(b) Like whom is the Halachah?

(a) The Tana Kama of our Mishnah permits all those who are forbidden to enter the Kahal to intermarry.
What does Rebbi Yehudah say?

(b) What compromise does Rebbi Elazar make?

(c) What does he say about a Safek marrying a Safek?

(d) What are the three cases of Safek?

(a) What is the problem with explaining ...
  1. ... the Tana Kama of our Mishnah literally (that Mamzeirim, Nesinim, Shesukim and Asufim are permitted to intermarry)?
  2. ... Rebbi Yehudah with re. the case of Vaday intermarrying with the Safek?
(b) Why can Rebbi Yehudah not be referring to a Ger marrying a Mamzeres (which we know he forbids, as we learned above)?

(c) So how *do* we then attempt to interpret 'Kol ha'Asurim Lavo be'Kahal'? Which Kahal is the Tana referring to?

(d) What do we mean when we say 'de'Lo ke'Rebbi Shimon ben Yochai? What does he say about a Giyores who is less than three years old?

Answers to questions



(a) What makes us (try to) establish our Mishnah even by a Giyores who converted before she turned three (not like Rebbi Shimon)? Why can the Tana not be speaking specifically about a Giyores who converted after she turned three (like Rebbi Shimon)?

(b) How do we know that our Tana holds 'Kehal Geirim Lo Ikri Kahal'? Maybe he holds "Ikri Kahal'?

(c) We refute the current proposal from two angles.
Whom do we know to be ...

  1. ... forbidden to marry a Kohen, yet they are also forbidden to marry a Mamzer?
  2. ... permitted to marry a Kohen, yet he is permitted to marry a Mamzeres?
(a) Rav Nasan bar Hoshaya then attempts to interpret the Tana Kama like Rebbi Eliezer ben Ya'akov, and what the Tana means is 'Kol she'Kohen Asur Lisa es Bito, Mutarin Zeh ba'Zeh'.
To which case is he referring?

(b) He says specifically a Ger whose daughter would be forbidden were he to marry a *Giyores* (like Rebbi Eliezer ben Ya'akov). Why does he not refer even to a Ger who married a Yisre'elis, whose daughter is forbidden to marry a Kohen, too? Who would then have to be the author of the Reisha, and what would be the problem?

(c) How do we reconcile this interpretation of the K'lal 'Kol ha'Asurin ... ' with the case of a Chalal who married a bas Yisrael, whose daughter is forbidden to marry a Kohen, yet she is forbidden to marry a Mamzeres?

(d) Here again, we refute this proposal from two different angles.
Whom do we know whose daughter is ...

  1. ... forbidden to marry a Kohen, yet he is also forbidden to marry a Mamzer?
  2. ... permitted to marry a Kohen, yet he is permitted to marry a Mamzeres?
(a) Rav Nachman Amar Rabah bar Avuhah then attempts to establish (the Machlokes between the Tana Kama and Rebbi Yehudah in) our Mishnah by a 'Mamzer me'Achoso, u'Mamzer me'Eishes Ish'.
What does this mean? What is the basis of the Machlokes Tana'im?

(b) We refute this explanation too, based on a Mishnah in Yevamos. Rebbi Akiva there, declares the product of anyone who has transgressed "Lo Yavo" (i.e. any of the Chayvei La'avin) a Mamzer.
What do Shimon ha'Teimani and Rebbi Yehoshua respectively say?

(c) What grounds is this to refute Rav Nachman Amar Rabah bar Avuhah's interpretation of our Mishnah?

(a) So Rava finally establishes our Mishnah by a Ger Amoni u'Mo'avi.
What is then the Tana coming to teach us?

(b) And what does the Tana mean when he writes 've'Rebbi Yehudah Oser'? In which point does Rebbi Yehudah argue with Tana Kama?

(a) The Tana of the Beraisa disqualifies a Kohenes, a Leviyah and a Yisre'elis from the Kehunah through the Bi'ah of a Ger Amoni, Mo'avi, Mitzri, Nasin, Chalal or Mamzer.
How old must the 'man' be for his Bi'ah to achieve this?

(b) Rebbi Yossi says 'Kol she'Zar'o Pasul, Posel ... '.
What does Raban Shimon ben Gamliel say?

Answers to questions

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