KIDUSHIN 11 (7 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)

(a)We just learned that, according to ben Bag-Bag, there is no Simpon by Avadim. Why does the purchaser not have a claim of a false sale by ...

1. ... visible blemishes?

2. ... hidden blemishes?

3. ... a slave who turns out to be a thief or a Kubiyustus? What is a Kubiyustus"?

4. ... an armed robber or if he is being hunted by the king's men for murder?

(b)Basically then, ben Bag-Bag and Rebbi Yehudah ben Beseira agree that an Arusah bas Yisrael is forbidden to eat Terumah, either because of Simpon or because of the fear that she will feed her siblings. They argue only in two cases. They argue by 'Kibeil' (if he accepted the blemishes before they became betrothed), where Simpon no longer applies, but the fear that she might feed her siblings does. What is their Machlokes in the case of 'Masar v'Halach'?

1)

(a)We just learned that, according to ben Bag-Bag, there is no Simpon by Avadim. The purchaser does not have a claim of a false sale by ...

1. ... visible blemishes because he obviously saw them and accepted them.

2. ... hidden blemishes because why should it bother him, seeing as he only needs the slave to work.

3. ... a slave who turns out to be a thief or a Kubiyustus (a kidnapper see Tosfos) because that is only to be expected of a slave, in which case he ought to have known about it when he purchased him.

4. ... an armed robber or if he is being hunted by the king's men for murder because these have a Kol, and we assume that he knew about it (like we explained in the previous case).

(b)Basically then, ben Bag-Bag and Rebbi Yehudah ben Beseira agree that an Arusah bas Yisrael is forbidden to eat Terumah, either because of Simpon or because of the fear that she will feed her siblings. They argue only in two cases. They argue by 'Kibeil' (if he accepted the blemishes before they became betrothed), where Simpon no longer applies, but the fear that she might feed her siblings does. In the case of 'Masar v'Halach, they argue during the short period between the time that the girl's father had already handed her over to the Chasan's Sheluchim to take her to the Chupah, or if his own Sheluchim accompanied the Chasan's Sheluchim, when she is still an Arusah, but is no longer in the company of her siblings. In that case, Simpon will still be applicable, but the fear that she will feed her siblings will not (and this is the case about which ben Bag-Bag expressed surprise).

2)

(a)Rebbi Zeira initially ascribes Beis Shamai who requires a Dinar for Kidushin, to the fact that a woman will not agree to less. What did Abaye ask him from the daughters of Rebbi Yanai?

(b)What was Rebbi Zeira's reply? Would she be betrothed or not?

(c)How did he then establish Beis Shamai?

2)

(a)Rebbi Zeira initially ascribes Beis Shamai who requires a Dinar for Kidushin, to the fact that a woman will not agree to less. Abaye queried him from the daughters of Rebbi Yanai, who were fussy not to accept less than three Kabin of gold coins. Would he say there too, that if one of them did accept one Zuz, the Kidushin would not be effective?

(b)To which Rebbi Zeira replied that obviously, if one of the daughters (or anybody else) accepted less than the norm, she would be betrothed. And he was speaking is a specific case, as we shall now see.

(c)And he established Beis Shamai where she either became betrothed at night-time (when she could not see the coins that she was receiving, or when she appointed a Shali'ach to receive the Kidushin on her behalf, without telling her how much she expected.

3)

(a)Rav Yosef connects Beis Shamai with a statement of Rav Yehudah Amar Rav Asi. What did Rav Yehudah Amar Rav Asi say?

(b)How does this rule out a Perutah with regard to Kidushin?

(c)What is the basic difference between Kesef Tzuri and Kesef Medinah?

(d)Seeing as there are other silver coins of smaller denominations than a Dinar, why did Beis Shamai fix the minimum Shi'ur for Kidushin as a Dinar?

3)

(a)Rav Yosef connects Beis Shamai with a statement of Rav Yehudah Amar Rav Asi who said that whenever the Torah specifies money, it refers to the coinage known as 'Kesef Tzuri'; each Shekel being a Shekel Tzuri, and whenever no specific coin is mentioned, then it refers to the smallest Tzuri coin.

(b)This rules out a Perutah with regard to Kidushin because Kesef Tzuri comprises only silver, and Perutos are made of copper (and the Torah specifically writes by Kidushin 'Kesef' (via the 'Gezeirah-Shavah' "Kichah" "Kichah" from Sdei Efron).

(c)The basic difference between Kesef Tzuri and Kesef Medinah is that a Medinah coin is one eighth of its Tzuri counterpart.

(d)Despite the fact that there are other silver coins of smaller denominations than a Dinar, Beis Shamai fix the minimum Shi'ur for Kidushin as a Dinar because once the Torah precludes a Perutah, we assume that a more valuable coin is required (which Chazal fixed at a Dinar [See also Tosfos Amud Beis, who maintains that a Dinar was indeed the smallest Tzuri coin).

11b----------------------------------------11b

4)

(a)In the Pasuk in Mishpatim (in connection with a Shomer Chinam) "Ki Yiten Ish El Re'eihu Kesef O Kelim Lishmor ... Asher Yomar Ki Hu Zeh", what do we learn from "Ki Hu Zeh"?

(b)What does the Mishnah in Shevu'os give as the minimum sum for the claim (according to Shmuel, and the denial, according to Rav)?

(c)What is the smallest coin in the Tzuri range of coins?

4)

(a)In the Pasuk in Mishpatim (in connection with a Shomer Chinam) "Ki Yiten Ish El Re'eihu Kesef O Kelim Lishmor ... Asher Yomar Ki Hu Zeh" we learn the principle 'Modeh b'Miktzas ha'Ta'anah Yishava' (someone who admits to part of the claim, is obligated to swear on the rest).

(b)The Mishnah in Shevu'os gives as the minimum sum for a monetary claim (according to Shmuel, and the denial, according to Rav) two Me'ah (= sixty-four Perutos).

(c)The smallest coin in the range of Tzuri coins is a Me'ah.

5)

(a)We query Rav Yehudah Amar Rav Asi ('Kol Kesef ha'Amur ba'Torah Stam ... ') the Mishnah in Shevu'os

(b)How does we answer this Kashya? From where does the Tana learn that two coins are required for the claim?

(c)And in which regard does the Torah then compare Kelim to Kesef?

5)

(a)The Mishnah in Shevu'os poses a Kashya on Rav Yehudah Amar Rav Asi ('Kol Kesef he'Amur ba'Torah Stam ... ') inasmuch as, according to him, one Me'ah ought to suffice. From where did the Tana learn two?

(b)We answer by citing the Hekesh of Kesef to Kelim, (which automatically implies two).

(c)The Torah compares Kelim to Kesef inasmuch as the vessels, like the money, must be valuable (one does not swear, for example, on vessels as inauspicious as two pins).

6)

(a)Others explain that a Dinar is the smallest Tzuri coin. How do they then explain the Kashya on Rav Yehudah Amar Rav Asi from the Mishnah?

(b)How do we answer the Kashya?

(c)On what grounds does Rashi reject this explanation? Besides the change of text from the Sugya in Shevu'os (which learns this Limud the other way round [Kelim from Kesef]) what is wrong with saying 'Mah Kelim Davar Chashuv, Af Kesef Davar Chashuv'?

(d)What do we really learn from the comparison of Kesef to Kelim, according to Rashi?

6)

(a)According to those who maintain that a Dinar is the smallest Tzuri coin, the Kashya on Rav Yehudah Amar Rav Asi from the Mishnah is how can Chazal then take the Pasuk out of context on the basis of a Hekesh (seeing as "Kesef" always implies Kesef Tzuri, how can they permit use of other types of coin)?

(b)We answer that the Hekesh teaches us that as long as the Kesef, like the Kelim, is valuable, it is eligible even though it is not Kesef Tzuri.

(c)Rashi rejects this explanation, on the grounds that, besides the change of text from the Sugya in Shevu'os (which learns this Limud the other way round [Kelim from Kesef]), the words 'Mah Kelim Davar Chashuv, Af Kesef Davar Chashuv' make no sense seeing as pins (which are also included in "Kelim") can hardly be termed as 'a Davar Chashuv'.

(d)According to Rashi, the comparison of Kesef to Kelim comes to teach us that there he must claim at least two coins, and not just one (see also Tosfos).

7)

(a)What is the Mishnah in Ma'aser Sheni referring to when it says 'ha'Poret Ma'os mi'Ma'os Ma'aser Sheni'?

(b)How do Beis Shamai conclude this phrase?

(c)Based on the Pasuk "v'Tzarta ha'Kesef b'Yadecha", what Kashya does this pose on Rav Yehudah Amar Rav Asi?

(d)The answer however, lies in the very same word as the Kashya. What is it?

7)

(a)When the Mishnah in Ma'aser Sheni says 'ha'Poret Ma'os mi'Ma'os Ma'aser Sheni' he is referring to someone who redeemed his Ma'aser Sheni on Perutos, and now wishes to convert them into Ma'os.

(b)Beis Shamai conclude 'be'Chol ha'Sela Ma'os'.

(c)Based on the Pasuk "v'Tzarta ha'Kesef b'Yadecha", this Mishnah too, poses a Kashya on Rav Yehudah Amar Rav Asi inasmuch as it permits Perutos (whereas "Kesef" implies Kesef Tzuri).

(d)The answer however, lies in the superfluous 'Hey' in "ha'Kesef" which comes to legitimize Perutos for the redemption of Ma'aser.

8)

(a)What does Shmuel say about redeeming Hekdesh that is worth a Manah?

(b)What is he coming to teach us?

(c)And how will Rav Yehudah Amar Rav Asi reconcile Shmuel with the Pasuk which writes in Bechukosai (in connection with the redemption of Hekdesh) "v'Yasaf Chamishis Kesef Erk'cha Alav v'Kam Lo"?

8)

(a)Shmuel rules that if someone redeems Hekdesh that is worth a Manah, on a Perutah coin b'Di'eved the Hekdesh is redeemed.

(b)What he is coming to teach us is that not only is there no Din Ona'ah (overcharging by one sixth of the object's value) by Hekdesh but that the Din of invalidating the sale (if one overcharged more than a sixth) does not apply to it either.

(c)Rav Yehudah Amar Rav Asi will reconcile Shmuel with the Pasuk which writes (in connection with the redemption of Hekdesh) "v'Yasaf Chamishis Kesef Erk'cha Alav v'Kam Lo" by citing the 'Gezeirah-Shavah' "Kesef" "Kesef" through which we can learn Hekdesh from Ma'aser Sheni.

9)

(a)What do we finally ask on Rav Yehudah Amar Rav Asi from the Machlokes between Beis Shamai and Beis Hillel in our Mishnah?

(b)So how do we amend Rav Yehudah Amar Rav Asi's statement in order to eliminate this problem? Which word do we add to 'Kol Kesef ha'Amur ba'Torah Kesef Tzuri ... '?

9)

(a)We finally ask on Rav Yehudah Amar Rav Asi from the Machlokes between Beis Shamai and Beis Hillel in our Mishnah that if, as we have understood until now, he considers all money in the Torah to be Kesef Tzuri, then he will hold like Beis Shamai, because according to Beis Hillel, the minimum sum for Kidushin is a Perutah, which does not conform with his definition of Kesef.

(b)So in order to eliminate this problem, we amend Rav Yehudah Amar Rav Asi's statement to read 'Kol Kesef Katzuv ha'Amur ba'Torah Kesef Tzuri ... ' (restricting it to money which is fixed, and Kidushin is not fixed).

10)

(a)Whom does the Torah obligate to pay ...

1. ... five Sela'im?

2. ... thirty Sela'im"?

3. ... fifty Sela'im"?

4. ... a hundred Sela'im"?

(b)How does the Mishnah in Bechoros, after listing these five cases, conclude?

(c)How much is ...

1. ... a Shekel??

2. ... a Shekel ha'Kodesh?

(d)Seeing as the Tana has already taught us that these five must pay in Tzuri coinage, what then, is Rav Yehudah Amar Rav Asi coming to teach us?

10)

(a)The Torah's obligation to pay ...

1. ... five Sela'im pertains to a father who is redeeming his first-born son.

2. ... thirty Sela'im" to someone whose ox gored and killed someone else's Eved Kena'ani.

3. ... fifty Sela'im" to someone who raped or seduced somebody else's daughter.

4. ... a hundred Sela'im" pertains to 'Motzi Shem Ra (someone who slandered his wife the day after their wedding, accusing her of having committed adultery whilst she was betrothed to him).

(b)After listing these five, the Mishnah concludes 'Kulam b'Shekel ha'Kodesh b'Manah Tzuri'.

(c)

1. A Shekel is half a Sela.

2. A Shekel ha'Kodesh is one Sela.

(d)Despite the fact that the Tana has already taught us that these five must pay in Tzuri coinage, Rav Yehudah Amar Rav Asi is coming to teach us 've'Shel Divreihem, Kesef Medinah', which is not mentioned in the Mishnah.

11)

(a)The Beraisa rules 'ha'Tokei'a la'Chaveiro, Nosen Lo Sela'. What does 'ha'Tokei'a' mean?

(b)What is he paying for? What is the basis of this payment, min ha'Torah or mid'Rabanan?

(c)Based on Rav Yehudah Amar Rav Asi, how much is a Sela?

(d)How much would it have been if not for Rav Yehudah Amar Rav Asi's Chidush?

11)

(a)The Beraisa rules 'ha'Tokei'a la'Chaveiro, Nosen Lo Sela' referring either to someone who blew a Shofar in his ear or who hit him on the ear.

(b)He is paying for the 'Bo'shes' (the embarrassment), which Chazal fixed at that amount for the average man in the street. Although the obligation to pay for Bo'shes is min ha'Torah, the amount fixed is mid'Rabanan.

(c)Based on Rav Yehudah Amar Rav Asi, a Sela is half a Zuz (alias a Dinar).

(d)Had it not been for Rav Yehudah Amar Rav Asi's Chidush it would have been four Shekalim (the value of a Sela Tzuri [i.e. four Zuzim)).

12)

(a)Reish Lakish disagrees with the explanations of both Rebbi Zeira and Rav Yosef in Beis Shamai. According to him, they derive the Dinar of Kidushin from Amah ha'Ivriyah, which in turn, they derive from Chizkiyah. What did Chizkiyah learn from the Pasuk in Mishpatim "v'Hefdah"?

(b)What do we extrapolate from there?

(c)Why do we not say that Gera'on Kesef applies whenever it is possible, but not when the sale is for less than a Shaveh Perutah? How do we learn this from Yi'ud?

12)

(a)Reish Lakish disagrees with the explanations of both Rebbi Zeira and Rav Yosef in Beis Shamai. According to him, they derive the Dinar of Kidushin from Amah ha'Ivriyah, which in turn, they learn from Chizkiyah who learns from "v'Hefdah" that her master is obligated to assist her to go free, by dividing the money he paid for her into six and deducting the years that she had already worked until the time of her redemption from the total that she has to pay him back when redeeming herself.

(b)We extrapolate from there that, in any event, an Amah ha'Ivriyah cannot be purchased for just a Perutah, because then there would be nothing to deduct.

(c)Neither can we say that Gera'on Kesef applies whenever it is possible, but not when the sale is for less than a Shaveh Perutah because we learn from the Din of Yi'ud (where a girl cannot be sold to close relatives, since they will later be unable to perform Yi'ud) that where Gera'on Kesef is not possible, the sale is not valid either.