The gemara asks over here that what's the difference between our Mishna and the Mishna in the 2nd perek that by us the Mishna uses a lashon of kinyan and the Mishna in the 2nd perek uses a lashon of kiddushin? So the gemara answers that our Mishna wanted to teach kesef and by kesef we see that it is a kinyan so therefore the tanna used a Loshon of kinyan
My question is that kesefm Shtar and Bi'ah are all kinyanim so what does the gemara mean when it answers that it wanted to teach that kesef is a kinyan but all of them are kinyanim?
Many thanks
Benzi
Benzi, London
I found that the Chidushei ha'Ra'avad here asks why the Gemara does not say that the Mishnah used a Lashon of Kinyan because it wants to teach Shtar. The Ra'avad answers that we do not find in connection with the Shtar of marrying a wife the Lashon of Kinyan, since we learn a Gezeirah Shavah of "Kichah-Kichah" from the field of Efron.
I think what the Ra'avad means is that we have the Gezeirah Shavah below (4b) that compares the word Kichah in the verse, "When a man takes a woman" (Devarim 24:1), with the word Kichah used with the field of Efron (Bereshis 23:13). This Gezeirah Shavah teaches that Kesef applies specifically to marriage, but we have no such verse that a Shtar applies to marriage. We know that a Shtar is a way of buying a field, but we have no verse which teaches that a Shtar is an effective way of marrying a woman.
(The Ra'avad asks his question only concerning Shtar and does not ask the same question about Bi'ah, but it seems that for Bi'ah it is more obvious that we do not find the Lashon of Kinyan. Concerning Shtar, even though we do not find the Lashon of Kinyan for marrying with a Shtar, at least we find it for a different kind of Shtar; for example, regarding the purchase of a field with a Shtar we do find the Lashon of Kinyan, whereas for Bi'ah we never find the Lashon of Kinyan. -DB)
Kol Tuv,
Dovid Bloom
So really the gemara could have brought any passuk where we see that kinayn is used by kesef, but the reason why it brought down a passuk by a field was because the gemara beforehand brought down a passuk of a field. Is that correct?
I suppose that is correct, but we must add that it was not by accident that the Gemara before brought down a passuk about a field. "Kichah Kichah" is a Gezera Shava which is a Halacha l'Moshe miSinai. This is the only way we have of learning out that kidushin with a woman can be performed by kesef. Since it is only through a pasuk about a field that we learn kidushei isha, it follows that Tosfos top 2b writes that we have to bring a pasuk about a kinyan of a field.
KOL TUV
Dovid Bloom