A Gitten. We have B.H. just finished this Perek in a shiur that I go to and I asked my Magid Shiur a Sheilah which he could not answer but said it was a Heoroh. On the last Mishna of this Perek on the Omud Aleph the Mishna s 1st subject matter is a Hemshech of the previous Mishna on the Daled Shomrim and then halfway through because it talks about Tenai it starts discussing about that Inyan with 3 different Memros of Tenai Azoy Vi Shtayt.Ober Me Mo Nafshoch if you are going to talk about the Inyan of Tenai in this Mishna Reb Yehuda Hanosi then why have you decided to leave out the other important Kellolim that are brought in Maseches Kiddushin Daf Samech Alef Omud Aleph Lemoshol about Tenai Koful or about the Hen must be before the Lav.Either mention all the Kelollim in 1 go in the Sugya here or not why just single out some more than others.I wonder if the Kollel has any thoughts on this.
Boruch Kahan London, london uk
Your question is asked by the Tiferes Yisrael, Boaz, at the very end of the Perek. He asks that since the conclusion of the Gemara is that the whole of the Mishnah follows Rebbi Meir, why does the Mishnah not mention the other Dinim of Tenai that R. Meir himself learns out from Bnei Gad and Bnei Reuven (Mishnah Kidushin 61a), ie. Tenai Kaful and Yes before No?
(a) The Tiferes Yisrael answers that our Mishnah actually only agrees with R. Meir on one point, namely that the Tenai must be before the action, but on Tenai Kaful and Hein Kodem l'Lav it disagrees and holds like Rebbi Chanina ben Gamliel in the Mishnah in Kidushin. (The Tiferes Yisrael seems to be going with Tosfos Kidushin 61a, end DH Kol that R. Chanina disagres with R. Meir on everything, not like Rashi there that R. Chanina only disagrees with R. Meir on Tenai Kaful.)
The Tiferes Yisrael cites Rashi Gitin 75a DH Mishum that everyone agrees that you need the Tenai before the Ma'aseh. The Tiferes Yisrael writes that this is a sevara (presumably because if one says the Ma'aseh first, this means it applies even before the Tenai can come in and limit it). [See also Shitah Mekubetzes in the name of R. Chananel and Ritva.]
(b) On the basis of Haga'os Ashiri here (right at the very end of the Perek) one can also answer why the Mishnah does not mention Tenai Kaful. This is because he writes that it is unnecessary to double the Tenai for monetary matters or in matters of Isurin. Therefore since our Mishnah discusses monetary matters it does not mention Tenai Kaful.
KOL TUV
Dovid Bloom
(c) Here is a different reason why our Mishnah does not mention Tenai Kaful and Hen Kodem l'Lav (or Tenai Kodem l'Ma'aseh). Rebbi is only mentioning here details that have never been mentioned before in the Mishnah. Tenai Kaful was already mentioned in the Mishnah Kidushin 61a, and Hen Kodem l'Lav and Tenai Kodem l'Ma'aseh were alluded to by that Mishnah as well, even though they were not mentioned there explicitly (see Rashi there). Therefore it was not necessary for Rebbi to discuss them again here.
Although the laws of making a Tenai to violate what it says in the Torah were also mentioned in the Mishnah elsewhere (in Kesuvos 83a and Bava Basra 126b), it was only mentioned incidentally, while our Mishnah is explicitly addressing the laws of Tena'im. That is why it was mentioned again here.
KOL TUV
Dovid Bloom