POINT BY POINT OUTLINE
THE YISRAEL SHIMON HA'LEVI TURKEL MASECHES KIDUSHIN
prepared by Rabbi P. Feldman of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
1) METHODS OF KIDUSHIN
(a) (Mishnah): A woman is acquired (Mekudeshes) in any of three ways, and acquires her independence (to marry someone else) through either of two ways:
1. She is acquired through money, a document, or Bi'ah (marital relations);
(b) Beis Shamai say that Kidushin through money must be (at least) a Dinar or something worth a Dinar;
(c) Beis Hillel say, it must be (at least) a Perutah or something worth a Perutah;
1. A Perutah is one eighth of an Italian Isar.
(d) A wife acquires her independence through a Get, or death of her husband.
(e) A Yevamah (one whose husband died without children) is acquired (to the Yavam, i.e. her husband's brother) through Bi'ah (with him). She acquires her independence through Chalitzah (taking off his shoe) or death of the Yavam.
2) THE WORDING OF THE MISHNAH
(a) (Gemara) Question: Why does our Mishnah say 'a woman is acquired', whereas the Mishnah (41a) says 'a man is Mekadesh'?
(b) Answer: Our Mishnah teaches that one of the methods is through money. We learn that money works from a Gezeirah Shavah "Kichah-Kichah" from Avraham's purchase of Efron's field, and "Kichah" is called Kinyan (acquisition);
1. Alternatively, "fields will be acquired through money" teaches that money is called an acquisition.
(c) Question: Why does the Mishnah (41a) not say 'a man acquires'?
(d) Answer: First, the Mishnah uses the wording of the Torah. Later, it uses the wording of Chachamim;
1. Chachamim call it 'Kidushin' because it forbids a woman to all other men, just like Hekdesh is forbidden to all.
(e) Question: Why did our Tana say 'a woman is acquired,' as opposed to 'a man acquires'?
(f) Answer #1: Because the Seifa teaches 'she acquires her independence', also the Reisha speaks from her perspective.
1. Question: We could have taught both from his perspective, 'a man acquires' and 'a man is Makneh (makes her acquire)!
2. Answer: One case (in which she acquires her independence) is when her husband dies. He is not Makneh, it is through the hands of Heaven.
(g) Answer #2: Had it said 'a man acquires,' this would connote that he acquires against her will. Therefore, it says 'ahe is acquired,' which connotes (only) willingly.
(h) Question: Why does the Mishnah say 'Shalosh' (the feminine form of 'three'), and not 'Sheloshah'?
(i) Answer: It teaches three Derachim (ways), and Derech is feminine - "the Derech that they will go Bah (in it, feminine)".
(j) Question (Mishnah): In Shiv'ah (the masculine for seven) Derachim we check if there was an external cause for a man's emissions (of Zivah, i.e. uncooked semen. If there was a cause, he does not become a Zav.)
(k) Answer: The word 'Derech' is masculine, like it says "b'Derech Echad (masculine)..."
(l) Contradiction: The verses contradict each other, and the Mishnayos contradict each other!
(m) Answer: 'Derech' adopts the gender of what it refers to.
1. "The Derech that they will go in it" refers to Torah, which is feminine. "In one Derech..." discusses war. Generally, men wage war.
2. Our Mishnah speaks from the woman's perspective. The Mishnah about a Zav is in the masculine, for we check only men, not women.
i. This is because a woman who sees (non-menstrual) blood (on certain days) becomes a Zavah even if there was an external cause.
(n) Question: Why does the Mishnah say Shalosh, due to Derachim? The Mishnah should say Devarim (matters, instead of Derachim), and then it can say Sheloshah! (Normally, we use the masculine.)
(o) Answer #1: We chose Derech, for one of the methods of Kidushin is Bi'ah, which is called Derech.
1. Question: We do not find that money or a document is called Derech!
2. Answer: Still, we say 'Derech' regarding them, because it is more appropriate for Bi'ah.
3. Question: We should not alter the expression regarding two methods in order to make it more appropriate for one method!
4. Answer: Those two methods are just means to the purpose, which is Bi'ah.
(p) Answer #2: Our Mishnah is like R. Shimon, therefore it says Derachim.
1. (Beraisa) Question: Why did the Torah say that a man takes a woman, and not vice-versa?
2. Answer (R. Shimon): It is because it is the Derech (way) of the man to purse the woman, and not vice-versa;
i. Woman was taken (created) from man. Normally, the one who lost an object, he looks for it.
(q) Question: Why did the Mishnah teach 'in seven Derachim we check...'? It should say 'Devarim'!
(r) Answer: The Tana hints that it is the Derech (nature) of excessive eating and drinking to induce emissions.