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) CONCERN FOR BLEMISHES
(a) Ben Bag Bag argues, because blemishes do not invalidate a sale of a slave;
1. A blemish in an exposed area cannot invalidate the sale. The buyer saw it and accepted it!
2. One does not care about blemishes on covered parts. One buys a slave for work!
3. If the slave is a thief or dice-player (Tosfos; Rashi - kidnapper), the sale stands. It is known that most slaves are like that!
4. If the slave is an armed robber, or was sentenced to be killed by the king, such things become known. (Rashi - the buyer surely knew and accepted this; Tosfos - such slaves are rarely bought. We would not decree for an uncommon case.)
(b) Question: Whether we are concerned for a blemish, or for feeding Terumah to siblings, an Arusah Bas Yisrael does not eat Terumah. In what cases does it matter which is the reason?
(c) Answer #1: The husband accepted the Kidushin even if she has blemishes (we are concerned for feeding siblings);
(d) Version #1 (Rashi) Answers #2 and 3: The father sent her with messengers of the husband, or the father's messengers accompanied her with messengers of the husband (there is concern only for blemishes).
(e) Version #2 (Tosfos) Answer #2: The father accompanied her with messengers of the husband (there is concern only for blemishes).
2) HOW MUCH MONEY IS NEEDED FOR KIDUSHIN?
(a) (Mishnah): Beis Shamai says, a Dinar...
(b) Question: What is Beis Shamai's reason?
(c) Answer #1 (R. Zeira): A woman does not agree to be Mekudeshes for less than this.
1. Objection (Abaye): Very rich girls expect a fortune for Kidushin. If such a girl accepted a Dinar for Kidushin, would it be invalid?!
2. Answer (R. Zeira): I agree that if she accepts, she is Mekudeshes;
i. My law applies when he was Mekadesh her at night (she could not see how much he gave) or if she made a Shali'ach to accept Kidushin (she did not specify how much must be given).
(d) Answer #2 (Rav Yosef): Beis Shamai hold like Rav Yehudah, that whenever the Torah says "Kesef", it refers to coins of Tzuri (pure silver. Rashi - once we know that a Perutah (a copper coin, the smallest unit of currency) is not enough, we require a significant amount, i.e. a Dinar. Tosfos - the smallest Tzuri coin is a Dinar.)
3) THE KESEF OF THE TORAH
(a) (Rav Yehudah): Whenever the Torah says "Kesef", it refers to coins of Tzuri (pure silver). Whenever Chachamim mention Kesef, they refer to standard coins (one eighth silver, and the rest copper).
(b) Objection: This is not always true!
(c) Question #1: Regarding Modeh b'Miktzas (one who admits to part of a claim must swear), the claim is "Kesef Oh Kelim",
1. (Mishnah): The oath applies only if the claim is at least two Ma'os, and the admission is at least a Perutah. (Rashi - according to Rav Yehudah, a claim of one Ma'ah, the smallest silver coin of Tzuri, should suffice! Tosfos - according to Rav Yehudah, we should require a claim of a Dinar!)
(d) Answer: The Torah equates Kesef and Kelim. If the claim is Kelim, it must be at least two. The same applies to a claim of Kesef;
1. Also, just like Kesef is esteemed, also the Kelim must be esteemed (Rashi; Tosfos - also, just like Kelim are important, also the Kesef referred to is (the smallest amount that is) important, i.e. a Ma'ah).
(e) Question #2: The Torah says that Ma'aser Sheni may be redeemed on "ha'Kesef";
1. (Mishnah): One who wants to exchange his (copper Perutos on which he redeemed) Ma'aser Sheni...
(f) Answer: The 'Hei' in "ha'Kesef" teaches that other coins are also valid for redemption.
(g) Question #3: Regarding Hekdesh, it says "he will give ha'Kesef", "it will be established (redeemed) for him";
1. (Shmuel): If (even) an enormous value of Hekdesh was redeemed on a Perutah, the redemption is valid.
(h) Answer: We learn from a Gezeirah Shavah "Kesef-Kesef" from Ma'aser Sheni.
(i) Question #4: Regarding Kidushin, it says "when a man will take a woman", and we learn from a Gezeirah Shavah from the purchase of Efron's field that Kesef may be used;
1. Beis Hillel say that a Perutah can Mekadesh.
2. (Summation of question): Does Rav Yehudah hold like Beis Shamai?!
(j) Answer: Rav Yehudah teaches as follows. Whenever the Torah specifies a quantity of "Kesef", it refers to coins of Tzuri (pure silver). Whenever Chachamim mention Kesef, they refer to standard coins (which are one eighth silver).
(k) Question: We already learn this from a Mishnah!
1. (Mishnah): The following are in Shekel ha'Kodesh, which is one twenty-fifth of a Maneh Tzuri: five Sela'im for Pidyon ha'Ben, 30 Shekalim paid for a slave gored by an animal, 50 Shekalim paid by one who raped or enticed a virgin Na'arah, and 100 Shekalim paid by one who falsely claims that his Kalah was not a virgin.
(l) Answer: Primarily, Rav Yehudah came to teach the Seifa;
1. A Mishnah says that one who was Toke'a (blew (with his mouth, or a Shofar) in a person's ear (or hit him near the ear) pays a Sela (without specifying). Rav Yehudah teaches that this is a standard Sela, i.e. half a Dinar.
4) ANOTHER EXPLANATION OF BEIS SHAMMAI
(a) Answer #3 (to question 2:b - Reish Lakish): Beis Shamai learn like Chizkiyah;
1. (Chizkiyah): "And she was redeemed" teaches that the redemption price of an Amah Ivriyah is reduced (based on how long she has worked).
2. Question: Granted, if she was bought for a Dinar, the redemption can be reduced until a Perutah;
i. But if she was bought for a Perutah, the redemption cannot be reduced!
ii. Suggestion: Perhaps really she can be bought for a Perutah. The Torah teaches that when she is bought for more, the redemption can be reduced.
iii. Rejection: This cannot be, for redemption is like Yi'ud (the master or his son marries her). If Reuven buys an Amah with whom he cannot do Yi'ud, the sale is invalid. Likewise, if he buys her in a way that her redemption cannot be reduced (i.e. she was bought for a Perutah), the sale is invalid!