1)

(a)What does Rav Nachman Amar Shmuel say about Kidushin, Gerushin, Chalitzah and Mi'unin? In what way do they differ from selling a father's property?

(b)Having examined a boy for Kidushin, why should it be necessary to examine him again for Gerushin?

1)

(a)Rav Nachman Amar Shmuel rules that Kidushin, Gerushin, Chalitzah and Mi'unin all require inspection, to check that the boy (or the girl) is a Gadol (or is not a Gedolah, in the case of Mi'unin). But when it comes to selling a father's property on the other hand, the Tana requires the son to be twenty.

(b)Having examined a boy for Kidushin, it is not in fact necessary to examine him again for Gerushin only the Tana is talking about Gerushin after Yibum (which a boy can legally perform from the age of nine).

2)

(a)What is the problem with the Tana including Chalitzah in the list?

(b)In fact, he does this to preclude the opinion of Rebbi Yosi. What does Rebbi Yosi rule about Chalitzah with regard to women?

(c)And he includes (the maximum age of) Mi'un to preclude the opinion of Rebbi Yehudah. What does Rebbi Yehudah say about Mi'un, that clashes with this opinion?

2)

(a)The problem with the Tana including Chalitzah in the list is the fact that Chalitzah follows Gerushin in most respects, and once we know one, we also know the other.

(b)In fact, he does this to preclude the opinion of Rebbi Yosi who says that even though a boy can perform Chalitzah from the age of nine, a girl must be twelve.

(c)And he includes (the maximum age of) Mi'un, to preclude the opinion of Rebbi Yehudah who gives the girl until the pubic hair has grown longer, and can be doubled (which is a short while after she has turned twelve), whereas the inspection is only effective as long as the age is twelve (by which age the hair has normally grown to a minimal length).

3)

(a)Finally, why does the Tana insert 've'Lim'kor be'Nichsei Aviv, ad she'Yehei ben Esrim'? What Chidush is he coming to teach us?

(b)Will this Halachah extend to property that a Yasom owns which he received as a gift from other sources, or which he purchased?

3)

(a)And the Tana inserts 'vi'Lem'kor be'Nichsei Aviv, ad she'Yehei ben Esrim' to preclude the opinions that give the age as eighteen.

(b)This Halachah does not extend to property that a Yasom owns which he received as a gift from other sources or which he purchased. These he may sell from the age of six or seven, like Metaltelin.

4)

(a)What is the common ruling in all of the above cases?

(b)How do we rule with regard to the Machlokes 'Toch Zeman ... ', 'ke'Lifnei ha'Zeman' or 'ke'le'Achar ha'Zeman'?

(c)We also conclude 'Hilchesa ke'Gidal bar Menasheh', who authorizes a thirteen-year old boy who is conversant with salesmanship, to sell his father's property. What is the Chidush?

(d)And we conclude 'Hilchesa ke'Mar Zutra' and 'Hilchesa ka'Ameimar'. What did ...

1. ... Mar Zutra say?

2. ... Ameimar say?

4)

(a)In all of the above cases we rule like Rav Nachman Amar Shmuel.

(b)With regard to the Machlokes 'Toch Zman ... ' we rule 'Toch Zman ke'Lifnei ha'Zman'.

(c)We also conclude 'Hilchesa ke'Gidal bar Menasheh', who authorizes a thirteen-year old boy who is conversant with salesmanship, to sell his father's property even Karka (as we explained above).

(d)And we conclude 'Hilchesa ...

1. ... ke'Mar Zutra' who permits a Yasom to testify on Metaltelin from the age of thirteen, but not on Karka.

2. ... ka'Ameimar' who validates the gift of a thirteen-year old Yasom, even though his sale is invalid.

5)

(a)What does Rebbi Elazar in our Mishnah say about a Bari or a Shechiv-Mera who is distributing his ...

1. ... Karka?

2. ... Metaltelin?

(b)And what does he hold in the case of a Shechiv-Mera who gives away all his property without a Kinyan, and then dies?

(c)What is his reason?

5)

(a)Rebbi Elazar in our Mishnah rules that if a Bari or a Shechiv-Mera is distributes his ...

1. ... Karka the beneficiary will acquire it only if he made a Kinyan Kesef, Shtar or Chazakah.

2. ... Metaltelin then he must make a Meshichah.

(b)And if a Shechiv-Mera gives away all his property without a Kinyan, and then dies the beneficiary does not acquire it ...

(c)... because he does not hold of the principle 'Divrei Shechiv-M'ra ki'Chesuvin ve'Chi'Mesurin Dami'.

6)

(a)The Rabanan queried him from the case of the mother of the sons of Rachel, who bequeathed her brooch to her daughter without a Kinyan, and then died. What did Chachamim rule there?

(b)Rebbi Elazar replied by cursing the sons of Rachel. What did he mean by that?

(c)How did he then answer the Rabanan's Kashya?

6)

(a)The Rabanan queried him from the case of the mother of the sons of Rachel, who bequeathed her brooch to her daughter without a Kinyan, and then died. The Chachamim ruled there that the brooch should be given to the daughter (even though no Kinyan had been made).

(b)Rebbi Elazar replied by cursing the sons of Rachel because they were Resha'im (as will be explained later).

(c)Consequently, the Chachamim imposed a fine on them by declaring the gift to their sister valid (in spite of no Kinyan having taken place).

156b----------------------------------------156b

7)

(a)It is unclear whether the mother of the sons of Rachel gave away only her brooch or in the process of giving away all her property (see Rashash). What difference will it make to the case, according to the Chachamim?

(b)How will this affect the opinion of Rebbi Elazar?

7)

(a)It is unclear whether the mother of the sons of Rachel gave away only her brooch in which case, we must establish the Mishnah by 'Metzaveh Machmas Misah' (according to the Chachamim, as we have learned before), or whether she did so in the process of giving away all her property (see Rashash) in which case, the Tana can even be speaking Stam.

(b)According to the first side of the She'eilah we will have a proof that Rebbi Elazar argues on the principle 'Divrei Shechiv-Mera ki'Chesuvin ve'Chimesurin Dami', even by 'Metzaveh Machmas Misah', whereas according to the second Tzad he may concede to the principle in that case.

8)

(a)Rebbi Elazar in a Beraisa cites the case of a certain 'Maruni' (or 'Maduni') in Yerushalayim, who wanted to give away his numerous Metaltelin as a Matnas Shechiv-Mera. What did the Chachamim advise him to do?

(b)How did he react to their advice?

(c)What did Rebbi Elazar attempt to prove from there?

(d)How did the Rabanan counter Rebbi Elazar's proof?

8)

(a)Rebbi Elazar in a Beraisa cites the case of a certain 'Maruni' (or 'Maduni') in Yerushalayim, who wanted to give away his numerous Metaltelin as a Matnas Shechiv-Mera. The Chachamim advised him to be Makneh his property to the beneficiaries together with Karka.

(b)He reacted to their advice by purchasing a rock near Yerushalayim, which he then proceeded to give to his beneficiaries, the north to Reuven, together with a hundred sheep and a hundred barrels of wine, and the south to Shimon, together with a hundred sheep and a hundred barrels of wine.

(c)When the Rabanan upheld the Maruni's actions, Rebbi Elazar attempted to prove from there that a Matnas Shechiv-Mera requires a Kinyan.

(d)The Rabanan countered Rebbi Elazar's proof however on the grounds that the Maruni (according to their information) was a Bari, and not a Shechiv-Mera at all.

9)

(a)Why did Rebbi Elazar curse the sons of Rachel? What did they do wrong, according to his opinion in the Mishnah in Kil'ayim?

(b)His argument was that the Arabians would retain thorns in their fields. What on earth for? Who would eat thorns?

(c)Why did we not just answer that they were sinners, who deserved to be cursed?

(d)Why do the Chachamim then permit thorns in a vineyard?

9)

(a)Rebbi Elazar cursed the sons of Rachel, says Rav Yehudah Amar Shmuel because they maintained thorns in a vineyard, which is forbidden, according to his opinion in the Mishnah in Kil'ayim.

(b)His argument was that the Arabians would retain thorns in order to feed their camels, who liked them, even though people did not.

(c)We cannot just answer that they were sinners, who deserved to be cursed because then, the Chachamim would have agreed with Rebbi Elazar.

(d)The Chachamim however, permit thorns in a vineyard because we go after the majority of the world (who do not retain thorns), and Arabia is not the majority of the world.

10)

(a)Why does Rebbi Levi permit a Kinyan Shechiv-Mera to be performed, even on Shabbos?

(b)To what other reason might we have ascribed this concession?

(c)Then why don't we?

10)

(a)Rebbi Levi permits a Kinyan Shechiv-Mera to be performed, even on Shabbos because we are afraid that if we don't, the Shechiv-Mera will become confused, and this will hasten his death.

(b)We might have ascribed the reason for this concession to Rebbi Elazar, who requires a Kinyan by a Shechiv-Mera, in any case.

(c)We don't however because the Halachah is not like Rebbi Elazar.

11)

(a)Rebbi Eliezer in our Mishnah confines the Din of 'Devarav Kayamin' of a Shechiv-Mera to Shabbos, but not to a weekday. Why is that?

(b)What does Rebbi Yehoshua say? Why is it a 'Kal va'Chomer' during the week?

(c)What similar ruling does Rebbi Eliezer issue with regard to 'Zachin le'Katan'?

(d)What does Rebbi Yehoshua say?

11)

(a)Rebbi Eliezer in our Mishnah confines the Din of 'Devarav Kayamin' of a Shechiv-Mera to Shabbos where it is forbidden to make a Kinyan and to write a Shtar, but not to a weekday where he can make a Kinyan and write a Shtar.

(b)Rebbi Yehoshua says 'be'Shabbos Amru, Kal va'Chomer' be'Chol, where he could have made a Kinyan had he so wished, and we have a principle 'Kol ha'Ra'uy le'Bilah, Ein Be'ilah Me'akeves bo'.

(c)Similarly, Rebbi Eliezer holds 'Zachin le'Katan (since he does not have a Yad to acquire himself), ve'Ein Zachin le'Gadol' (who is able to acquire himself).

(d)Rebbi Yehoshua rules 'Le'Katan Amru, Kal va'Chomer le'Gadol (even though he could have acquired the article himself).

12)

(a)We establish the author of our Mishnah as Rebbi Yehudah. According to Rebbi Meir, when will Rebbi Eliezer permit a Matnas Shechiv-Mera?

(b)What does Rebbi Yehoshua say?

(c)Similarly, Rebbi Eliezer holds 'Zachin le'Gadol, ve'Ein Zachin le'Katan'. What does Rebbi Yehoshua say?

12)

(a)We establish the author of our Mishnah as Rebbi Yehudah. According to Rebbi Meir, Rebbi Eliezer will permit a Matnas Shechiv-Mera only during the week (when he could have made a Kinyan [because of 'Kol ha'Ra'uy le'Bilah']).

(b)Whereas Rebbi Yehoshua maintains 'be'Chol Amru, 'Kal va'Chomer be'Shabbos' (where he would otherwise not be able to give away his property), as we explained.

(c)Similarly, Rebbi Eliezer holds 'Zachin le'Gadol, ve'Ein Zachin le'Katan'. Rebbi Yehoshua maintains 'le'Gadol Amru, 'Kal va'Chomer le'Katan'.

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