KIDUSHIN 12 (8 Elul) - Dedicated in memory of Esther Miryam bas Harav Chaim Zev and her husband Harav Refael Yisrael ben Harav Moshe (Snow), whose Yahrzeits are 7 Elul and 8 Elul respectively. Sponsored by their son and daughter in law, Moshe and Rivka Snow.

1)

HOW MUCH IS A PERUTAH? [line 4]

(a)

(Summation of Answer #3): Beis Shamai learn Kidushin from an Amah. Just like an Amah cannot be bought for a Perutah, also a wife.

(b)

Question: Kidushin should be possible with a half Dinar, even with two Perutos!

(c)

Answer: Once we learn that a Perutah is not enough, it follows that the Torah wants an important amount.

(d)

Answer #4 (Rava): Beis Shamai admit that a Perutah is Mekadesh mid'Oraisa. Chachamim enacted that less than a Dinar does not work, lest Kidushin appear like a light matter.

2)

HOW MUCH IS A PERUTAH? [line 10]

(a)

(Mishnah): Beis Hillel say, a Perutah...

(b)

(Rav Yosef): Any coin that is now considered a Perutah may be used (even if it is less than a Perutah from the days of Moshe).

(c)

Question (Abaye - Mishnah): A Perutah is an eighth of an Italian Isar. (If a current Perutah is not worth this much, it cannot Mekadesh!)

1.

Suggestion: Perhaps the Mishnah refers to in Moshe's day, but nowadays, any accepted currency, no matter how small, can Mekadesh.

2.

Rejection: Rav Dimi reported that R. Simai calculated the Perutah in his generation, and found it to be one eighth of an Italian Isar. Ravin reported that R. Dostai (and R. Yanai and R. Oshaya) calculated the Perutah in their generation, and found it to be one sixth of an Italian Isar.

(d)

Counter-question (Rav Yosef - Beraisa): There are more than 2000 Perutos in two Sela'im.

1.

If the Perutah is fixed (like in Moshe's day, one part in 192 of a Dinar), there are less than 2000 Perutos in two Sela'im!

(e)

Answer (an elder): The Beraisa should say close to 2000.

(f)

Question: There are only 1536!

(g)

Answer: Since it is closer to 2000 than 1000, the Tana calls it close to 2000.

(h)

(Rav Dimi): R. Simai calculated the Perutah. It was one eighth of an Italian Isar;

(i)

(Ravin): R. Dostai (and... ) calculated the Perutah. It was one sixth of an Italian Isar.

(j)

Suggestion (Abaye): You (Rav Dimi) and Ravin argue like the following Tana'im!

1.

(Beraisa): A Perutah is an eighth of an Italian Isar. A Dinar is six Ma'ah... (a Ma'ah is four Isarim; an Isar is eight Perutos);

2.

R. Shimon ben Gamliel says... (a Ma'ah is 24 Perutos. It follows that a Perutah is one sixth of an Italian Isar.)

(k)

Rejection (Rav Dimi): No, Ravin and I both hold like the first Tana;

1.

When the Isar is devalued, there are 32 Isarim in a Dinar (and hence six Perutos in an Isar). When the Isar is increased, there are 24 Isarim in a Dinar (hence eight Perutos in an Isar).

3)

KIDUSHIN WITH ITEMS OF SMALL VALUE [line 31]

(a)

(Shmuel): If a man was Mekadesh a woman with a date, even if it sells for much less than a Perutah, we are concerned lest it is worth a Perutah in Madai (another place).

(b)

Question (Mishnah - Beis Hillel): A Perutah or the value of a Perutah is Mekadesh.

1.

Inference: Less than a Perutah is not Mekadesh!

(c)

Answer: A Perutah makes Vadai (definite) Kidushin. Less than a Perutah creates Safek (doubtful) Kidushin.

(d)

Levi was Mekadesh Rachel with tufts. Rav Simi bar Chiya was calculating (in front of Rav) whether it is worth a Perutah.

1.

Question: Shmuel taught that we are concerned even if it is not worth a Perutah!

(e)

Answer: If it is worth a Perutah, she is Vadai Mekudeshes. If not, she is Safek Mekudeshes.

(f)

Reuven was Mekadesh Leah with a piece of marble. Rav Chisda was calculating whether it is worth a Perutah.

(g)

Question: Shmuel taught that even if it is not worth a Perutah, we are concerned!

(h)

Answer: Rav Chisda argues with Shmuel.

1.

Leah's mother: On the day he was Mekadesh her, it was worth a Perutah!

2.

Rav Chisda: You are not believed (to say this, which would forbid her to his brother Shimon, who was Mekadesh her after Reuven - Tosfos).

12b----------------------------------------12b

3.

This is like the case of Yehudis, R. Chiya's wife. (She had painful pregnancies, and wanted to be divorced.)

i.

Yehudis (to R. Chiya): My mother told me that when I was young, my father was Mekadesh me (to another man, so I am forbidden to you)!

ii.

R. Chiya: She is not believed to forbid you to me.

(i)

Rabanan (to Rav Chisda): There are witnesses abroad that the rock was worth a Perutah that day!

(j)

Rav Chisda: Since they are not here, we are not concerned for them.

(k)

Suggestion: This is like R. Chanina's ruling!

1.

(R. Chanina): We do not forbid a woman who was captured, even if there are rumors that there are witnesses abroad (who know that she was captured. If they would testify before us, we would forbid her.)

(l)

Rejection (Abaye and Rava): No. R. Chanina is lenient only about a captured woman, for she makes herself repulsive to the captors. (Even if the rumors were true, she probably was not defiled);

1.

Here, we cannot be lenient. If the rumors are true, she is married to Reuven!

(m)

Leah married someone else. In Sura, Chachamim refused to intermarry with her children.

1.

This is not because they hold like Shmuel. Rather, they hold like Abaye and Rava.

4)

IMPROPER KINDS OF KIDUSHIN [line 14]

(a)

Question (Rav Acha bar Huna): If a man was Mekadesh a woman with a myrtle branch in the market, what is the law?

(b)

Answer (Rav Yosef): He is lashed, like Rav taught. She is Safek Mekudeshes to him, like Shmuel taught (perhaps it is worth a Perutah elsewhere).

1.

Rav lashes for any of the following:

i.

One who is Mekadesh through Bi'ah, or in the market (in public), or without prior arrangement;

ii.

One who is Mevatel (invalidates) a Get (that was sent with a Shali'ach. His wife might remarry before hearing that the Get is Batel);

iii.

One who tells witnesses that he is being coerced to divorce, and the Get he will give is invalid (people will suspect that his wife's future children are Mamzerim);

iv.

One who is brazen to a Shali'ach of Chachamim;

v.

One who stays in excommunication for 30 days without coming to Beis Din to request that it be lifted;

vi.

One who lives in his mother-in-law's house.

2.

Question: Is he lashed only if he lives there, but not for passing by?! Rav Sheshes lashed a man for passing by his mother-in-law's porch!

3.

Answer: That was a special case. He was suspected of Bi'ah with her.

4.

Version #1 (Chachamim of Neharda'a): Rav lashes only one who is Mekadesh through Bi'ah without prior agreement.

5.

Version #2: Rav lashes one who is Mekadesh through Bi'ah, even with prior agreement, for this is lewd.

5)

WHAT IS CONSIDERED ACCEPTANCE OF KIDUSHIN? [line 28]

(a)

Shimon was Mekadesh Rachel with a myrtle mat.

1.

Onlookers: It is not worth a Perutah!

2.

Shimon: She should be Mekudeshes with the four Zuzim inside.

3.

Rachel took it and was silent.

(b)

(Rava): Silence after the money was already given has no effect. We learn this from a Beraisa:

1.

(Beraisa): If Reuven told Leah 'take this money for a deposit', and later he said 'be Mekudeshes to me through it':

i.

If he said this at the time he gave it, she is Mekudeshes;

ii.

If he said this after he gave it, if she wants, she is Mekudeshes. If she does not want, she is not Mekudeshes.

2.

Question: What is considered 'wanting' and 'not wanting'?

i.

Suggestion: Wanting is saying 'yes'. Not wanting is saying 'no'.

ii.

Rejection: This would imply that when he said this at the time he gave it, she is Mekudeshes even if she said no. This is absurd!

3.

Answer: Rather, wanting is saying 'yes'. Not wanting is being silent.

i.

This shows that silence after the money was given has no effect.