KIDUSHIN 6-7 - sponsored by Asher and Etti Schoor of Lawrence, NY. May they be blessed with a year filled with the joy of the Torah and see their children continue to grow in Avodas Hashem.

1)

(a)Is a woman betrothed if a man said to her ...

1. ... 'Harei At Ishti;' 'Harei At Arusasi'; 'Harei At Kenuyah Li'?

2. ... 'Harei At she'Li'; 'Harei At bi'Reshusi'; 'Harei At Zekukah Li'?

(b)Why does the Tana of the Beraisa list them as two separate lists? Why does he not insert all six cases in one list?

(c)What do the following have in common 'Meyuchedes Li'; 'Meyu'edes Li'; 'Ezrasi'; 'Negdasi' ... 'Lekuchasi'?

(d)What is the source for the She'eilah concerning the Lashon ...

1. ... 'Meyuchedes Li'?

2. ... 'Meyu'edes Li'? Why might they be a Lashon of Kidushin?

3. ... 'Ezrasi'; 'Negdasi'?

1)

(a)A woman to whom a man says ...

1. ... 'Harei At Ishti;' 'Harei At Arusasi'; 'Harei At Kenuyah Li' or ...

2. ... 'Harei At she'Li'; 'Harei At bi'Reshusi'; 'Harei At Zekukah Li' is Mekudeshes.

(b)The Tana of the Beraisa lists them as two separate lists (and not in one list) because he had already learned the first set and listed it, when he learned the second set. And it is the way of Tana'im to leave intact what they already taught (so as not to confuse the Talmidim).

(c)What the following have in common is that they are contained in a list asking whether they are valid Leshonos of Kidushin or not: 'Meyuchedes Li'; 'Meyu'edes Li'; 'Ezrasi'; 'Negdasi' ... 'Lekuchasi'.

(d)The source for the She'eilah concerning the Lashon ...

1. ... 'Meyuchedes Li' is the Pasuk in Bereishis (in connection with the creation of Chavah) "v'Hayu l'Basar Echad."

2. ... 'Meyu'edes Li' is the Pasuk in Mishpatim (in connection with a Jewish maidservant, whom the master has the option of 'marrying') "Asher Lo Ye'adah."

3. ... 'Ezrasi' and 'Negdasi' is the Pasuk in Bereishis (in connection with the creation of Chavah) "E'eseh Lo Ezer k'Negdo."

2)

(a)We also ask about the Lashon 'Atzurasi'. Why might this be a Lashon of Kidushin?

(b)What would be wrong with connecting 'Atzurasi' with the Pasuk in Shmuel "Ki Ishah Atzurah Lanu"?

(c)Which is the only one of all the above-mentioned She'eilos that is actually resolved?

(d)From where do we learn it?

2)

(a)We also ask about the Lashon 'Atzurasi', which might be a Lashon of Kidushin because it might be a Lashon of 'Atzeres', implying that she is gathered to him in the house.

(b)It would be wrong to connect 'Atzurasi' with the Pasuk "Ki Ishah Atzurah Lanu" because the word there means forbidden (exactly the opposite of Mekudeshes).

(c)The only one of all the above-mentioned She'eilos that is actually resolved is 'Lekuchasi' ...

(d)... which we learn from the Pasuk in Ki Setzei "Ki Yikach Ish".

3)

(a)On what grounds do we query the Beraisa 'ha'Omer Charufasi Mekudeshes, she'Kein bi'Yehudah Korin la'Arusah Charufah'?

(b)Why is the amendment, which leaves this statement intact, but first quotes the Pasuk in Kedoshim "v'Hi Shifchah Necherefes l'Ish" as the source, unacceptable?

(c)How does the Beraisa finally read?

(d)How is it that earlier, we quoted a Pasuk in support of 'Charufasi', and finally we ignore it?

3)

(a)We query the Beraisa 'ha'Omer Charufasi Mekudeshes, she'Kein bi'Yehudah Korin la'Arusah Charufah' on the grounds that Yehudah being the minority of Eretz Yisrael, the reason given would not justify accepting 'Charufasi' as a Lashon of Kidushin in the rest of the country.

(b)The amendment, which leaves this statement intact, but first quotes the Pasuk "v'Hi Shifchah Necherefes l'Ish" as the source, is unacceptable because a Pasuk does not require the support of the people of Yehudah.

(c)The Beraisa finally reads 'ha'Omer Charufasi bi'Yehudah Mekudeshes, she'Kein bi'Yehudah Korin la'Arusah Charufah'.

(d)Earlier, we quoted a Pasuk in support of 'Charufasi' because we interpreted a Shifchah Charufah as a woman who is half-Shifchah, half-free (and Charufah, which then pertains to the half that is free, means 'betrothed'); but finally we ignore it in favor of those who interpret a Shifchah Charufah as a full-fledged Shifchah who is designated to a man (but not betrothed to him).

4)

(a)Rebbi Yosi says in a Beraisa that if a couple were discussing divorce or Kidushin, and the man then gave the woman a Get or Kidushin, no words are necessary. What does Rebbi Yehudah say?

(b)Like whom does Rav Yehudah Amar Shmuel rule? What problem does this create with regard to all the Leshonos of Kidushin that we queried earlier?

(c)What if they had not previously discussed Kidushin?

(d)How do we resolve the previous problem? In which case do we establish all the queries?

4)

(a)Rebbi Yosi says in a Beraisa that if a couple were discussing divorce or Kidushin, and the man then gave the woman a Get or Kidushin, no words are necessary. According to Rebbi Yehudah, he must explain his intentions.

(b)Rav Yehudah Amar Shmuel rules like Rebbi Yosi, creating a problem because if they had been discussing the divorce or Kidushin beforehand, then it seems obvious that, with regard to all the Leshonos of Kidushin that we queried earlier, she should be Mekudeshes (seeing as she would be Mekudeshes even if he said nothing).

(c)Neither would there be any room for doubt (about the woman's being Mekudeshes) had they not previously discussed Kidushin because how could she then possibly know what he had in mind.

(d)We resolve the previous problem by establishing the queries when they had indeed discussed the issue of Kidushin prior to his statement. In fact, had he given her the Kidushin without saying anything, she would certainly have been Mekudeshes, and it is precisely because he used these questionable expressions when handing her the Kidushin that we now have doubts as to whether he meant Kidushin, or that he merely wanted her to work for him.

5)

(a)How do Shmuel and Rebbi Oshaya qualify Rebbi Yosi's opinion? What do they mean when they say 've'Hu she'Asukin b'Oso Inyan'?

(b)In fact, this is a Machlokes Tana'im, and follows the opinion of Rebbi. What does Rebbi Elazar b'Rebbi Shimon say?

(c)How can that be? How is the woman expected to know that he is actually giving her Kidushin or a Get, if he did not say so?

5)

(a)Shmuel and Rebbi Oshaya qualify Rebbi Yosi's opinion by establishing it when 've'Hu she'Asukin b'Oso Inyan' meaning that they must be discussing the Kidushin right up to the time that he hands her the Kidushin, in order to obviate the need to say 'Harei At ... '.

(b)In fact, this is a Machlokes Tana'im, and follows the opinion of Rebbi. According to Rebbi Elazar b'Rebbi Shimon she is Mekudeshes even if they were not discussing the actual Kidushin (or Gerushin) immediately prior to the handing over of the Kidushin or the Get.

(c)The woman is nevertheless expected to know that he is actually giving her Kidushin or a Get (even though he did not actually say so) because we are speaking when they were at least discussing matters that were related to their planned marriage (such as the amount of her dowry, and how many fields he owned to sustain them.

6)

(a)What does Rav Yehudah Amar Shmuel say about someone who is not conversant with the Dinim of Gitin and Kidushin?

(b)Will someone who does not know of Rav Huna Amar Shmuel's ruling 'Halachah k'Rebbi Yosi' fall under this category?

6)

(a)Rav Yehudah Amar Shmuel rules that if someone is not conversant with the Dinim of Gitin and Kidushin, then he should have nothing to do with them.

(b)Someone who does not know of Rav Huna Amar Shmuel's ruling 'Halachah k'Rebbi Yosi' will also fall under this category.

6b----------------------------------------6b

7)

(a)Why is a Get not valid if he wrote on it 'Harei At ...

1. ... bas Chorin' and gave it to his wife?

2. ... Muteres l'Chol Adam' and gave it to his Shifchah?

(b)Ravina asked Rav Ashi whether 'Harei At l'Atzmech' is a valid Lashon for Gitin. What other connotations does it have?

(c)Rav Ashi replied with a Beraisa regarding a Get Shichrur. What does the Beraisa say?

(d)How does he extrapolate the resolution to Ravina's She'eilah from there?

7)

(a)A Get is not valid if he wrote on it 'Harei At ...

1. ... bas Chorin' and gave it to his wife because this Lashon is appropriate for a Get Shichrur, but not for a Get Ishah.

2. ... Muteres l'Chol Adam' and gave it to his Shifchah because this Lashon is appropriate for a Get Ishah, but not for a Get Shichrur.

(b)Ravina asked Rav Ashi whether 'Harei At l'Atzmech' is a valid Lashon for Gitin or whether he might merely be exempting her from working for him.

(c)Rav Ashi replied with a Beraisa regarding a Get Shichrur 'Gufo shel Get; Harei Atah ben-Chorin, Harei Atah l'Atzm'cha'.

(d)Now if this Lashon sets free an Eved (whom the master acquires completely) then it will certainly free a woman, (whom a man does not acquire completely) from her husband's jurisdiction (and not just from working for him).

8)

(a)According to the Beraisa, if someone sells his Eved to a Nochri, the Eved goes free, but he requires a Get Shichrur. How does Raban Shimon ben Gamliel qualify this?

(b)How does Rav Sheshes define 'Ono'?

(c)What does Rav Chanin ([see Rashash], or Rav Chanin me'Chuza'ah) prove from here?

8)

(a)According to the Beraisa, if someone sells his Eved to a Nochri, the Eved goes free, but he requires a Get Shichrur. Raban Shimon ben Gamliel qualifies this by restricting it to where he did not write 'Ono', because if he did, it would be as good as a Get Shichrur.

(b)Rav Sheshes defines 'Ono' as 'le'che'she'Tivrach Mimenu, Ein li Eisek Bach' (if you run away from him [the Nochri], I will no more to do with you).

(c)Rav Chanin (see Rashash, or Rav Chanin me'Chuza'ah) proves from here that 'Ein li Eisek Bach' is a valid Lashon of Shichrur (thereby resolving Ravina's She'eilah to Rav Ashi).

9)

(a)Abaye says 'ha'Mekadesh b'Milveh, Einah Mekudeshes; b'Hana'as Milveh, Mekudeshes'. Why is ...

1. ... she not Mekudeshes in the Reisha?

2. ... it forbidden to do so in the Seifa?

(b)We raise two objections to the suggestion that Hana'as Milveh means that he lent her four Zuzim in exchange for five. One, that there would then be no difference between this case and that of Milveh (seeing as he has not given her anything). What is the other?

(c)So how do we finally define Hana'as Milveh? Why is it not real Ribis?

(d)Which case is even more straightforward than the one we just mentioned?

9)

(a)Abaye says 'ha'Mekadesh b'Milveh, Einah Mekudeshes; b'Hana'as Milveh, Mekudeshes'. The reason that ...

1. ... she is not Mekudeshes in the Reisha is because he did not give her anything that she did not have already (since the money of the loan was already hers to spend).

2. ... it is forbidden to do so in the Seifa is because it looks like Ribis [interest]).

(b)We raise two objections to the suggestion that Hana'as Milveh means that he lent her four Zuzim in exchange for five. One, that there would then be no difference between this case and that of Milveh (seeing as he has not given her anything); the other because then it would be real Ribis.

(c)We finally define 'Hana'as Milveh' as a time extension (i.e. that he extended the time of the loan), which is not real Ribis because he neither fixed it at the time of the loan (which would make it Ribis d'Oraisa), nor did he receive anything from her afterwards (which would make it Ribis d'Rabanan).

(d)If he were to forego the loan altogether (and betroth her with 'Hana'as Mechilas Milveh') it would obviously be included in Hana'as Milveh.

10)

(a)According to the initial version of Rava's statement, if someone says 'Heylech Manah Al-Menas she'Tachzireihu Li' with regard to a sale or with regard to Kidushin, the sale or the Kidushin is invalid. Why is that?

(b)Which third case belongs to this group?

(c)If he says this when giving Terumah to a Kohen, he has fulfilled the Mitzvah. Why should he nevertheless avoid doing so?

(d)How does the previous case resemble that decree?

10)

(a)According to the initial version of Rava's statement, if someone says 'Heylech Manah Al-Menas she'Tachzireihu Li' with regard to a sale or with regard to Kidushin, the sale or the Kidushin is invalid because in neither case, did the buyer give the seller anything.

(b)The third case belonging to this group is Pidyon ha'Ben, where his son will not be redeemed.

(c)If he says this when giving Terumah to a Kohen, he has fulfilled the Mitzvah. He should nevertheless avoid doing so because it looks like a case of 'a Kohen who assists in the granary in order to receive Terumah' (which Chazal forbade).

(d)The previous case resembles that decree inasmuch as it looks as if the Kohen agrees to return it so that the Yisrael will give him his future Matanos.

11)

(a)What intrinsic problem do we have with Rava's statement?

(b)In addition, another statement of Rava clashes with the previous one. What did Rava say in a case of 'Heylech Esrog Zeh Al-Menas she'Tachzireihu Li'? What do we extrapolate from there?

(c)Why will he not have fulfilled the Mitzvah, in the event that he did not return it?

(d)Rav Ashi therefore concludes that in all the above cases, the Kinyan is valid, except for one. Which one?

11)

(a)The intrinsic problem with Rava's statement is that 'mi'Mah Nafshach', if Rava holds 'Matanah Al-Menas Lehachzir Shemah Matanah', then all the cases should be valid, and if not, then his Terumah should not be valid either.

(b)In addition, Rava himself said that, in a case of 'Heylech Esrog Zeh Al-Menas she'Tachzireihu Li' he has fulfilled his obligation, provided he returns the Esrog after use, from which we extrapolate that Rava holds 'Matanah Al-Menas Lehachzir Shemah Matanah'.

(c)The reason that he will not have fulfilled the Mitzvah, in the event that he did not return it, is because it transpires that, retroactively, he stole the Esrog.

(d)Rav Ashi therefore concludes that in all the above cases, the Kinyan is valid, except for that of Kidushin, because seeing as she has to return the money, it resembles Chalipin, which, as we learned earlier, is not a valid Kinyan by Kidushin.

12)

(a)What did Rav Huna Mar Brei d'Rav Nechemyah say to Rav Ashi?

12)

(a)Rav Huna Mar Brei d'Rav Nechemyah said to Rav Ashi that this is precisely what they said in the name of Rava himself.

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