KIDUSHIN 23 (2 Cheshvan) - dedicated l'Iluy Nishmas Shlomo Mordechai ben Yakov Sobol by his son Aaron.

1)

(a)Rebbi Meir in our Mishnah rules 'be'Kesef Al-Yedei Acheirim'. What can we infer from this?

(b)) He cannot be speaking about others giving the money to his master without the Eved's knowledge, because he considers going free a disadvantage for the Eved, in which case we will apply the principle 'Zachin l'Adam she'Lo b'Fanav, v'Ein Chavin l'Adam she'Lo b'Fanav'. What makes going free a disadvantage?

(c)In that case, what can we infer and extrapolate from Rebbi Meir?

(d)What problem does this pose on the Seifa, where Rebbi Meir says 'bi'Shtar Al-Yedei Atzmo' (implying 'Aval Lo Al-Yedei Acheirim')?

1)

(a)Rebbi Meir in our Mishnah rules 'be'Kesef Al-Yedei Acheirim', from which we can infer 'Aval Lo Al-Yedei Atzmo'.

(b)He cannot be speaking about others giving the money to his master without the Eved's knowledge, due to the principle 'Zachin l'Adam she'Lo b'Fanav, v'Ein Chavin l'Adam she'Lo b'Fanav', and he considers going free a disadvantage for the Eved because if he is the Eved of a Kohen, he will be deprived of the right to eat Terumah (which was plentiful in the house of the Kohen). In any event, he will be deprived of the right to live with a Shifchah Kena'anis, who was always available to him, and whose lack of modesty suited him.

(c)In that case, we can infer from Rebbi Meir that he must be speaking with the Eved's knowledge, in which case, we can extrapolate that Rebbi Meir holds 'Ein Kinyan l'Eved b'Lo Rabo'.

(d)The problem that this poses on the Seifa, where Rebbi Meir says 'bi'Shtar Al-Yedei Atzmo' (implying 'Aval Lo Al-Yedei Acheirim') is that inferring there too, 'Aval Lo Al-Yedei Acheirim', there is no logical reason why this should be.

2)

(a)We would like to answer the above Kashya by interpreting Rebbi Meir in the Seifa to mean 'Af Al-Yedei Atzmo'. What would the Chidush then be?

(b)What prevents us from learning the Seifa like that?

2)

(a)We would like to answer the above Kashya by interpreting Rebbi Meir in the Seifa to mean interpret his words to mean 'Af Al-Yedei Atzmo', in which case the Chidush would be that 'Gito v'Yado Ba'in k'Echad' (that the Eved acquires the Get Shichrur and his own Yad simultaneously).

(b)What prevents us from learning the Seifa like that is the fact that Rebbi Meir himself, in a Beraisa states 'bi'Shtar Al-Yedei Acheirim v'Lo Al-Yedei Atzmo'.

3)

(a)What does Abaye mean when (to answer the above Kashya) he declares money to be different? In what way is Kinyan Kesef different vis-a-vis an Eved?

(b)Considering that a Shtar acquires an Eved against his will just like Kesef does, why does Rebbi Meir permit the latter even without his knowledge, but not the former?

(c)Rava makes a more basic distinction between a Kinyan Kesef and the Kinyan Shtar that come to set an Eved free. How does he establish the Mishnah?

(d)Why should there be a distinction between Kesef and Shtar in this way?

3)

(a)What Abaye means when (to answer the above Kashya) he declares money to be different is that since money can acquire the Eved against his will, why should it not also set him free against his will?

(b)Despite the fact that a Shtar acquires an Eved against his will just like Kesef does, Rebbi Meir nevertheless permits the latter even without his knowledge, but not the former because whereas the money that sets the Eved free is exactly the same as the money that acquired him, this is not the case with Kinyan Shtar, since the wording on the two Shtaros is different.

(c)Rava makes a more basic distinction between a Kinyan Kesef and the Kinyan Shtar that come to set an Eved free. According to him, the Reisha (concerning Kinyan Kesef) speaks even without his knowledge (which explains why, in the Seifa, Rebbi Meir precludes Shtar Al-Yedei Acheirim.

(d)The reason for the distinction between Kesef and Shtar is that whereas it is others who accept the Shtar on the Eved's behalf (and one cannot be someone's Shali'ach when it is to his detriment), it is the master who accepts the money on his own behalf, and he does not need the consent of the Eved.

4)

(a)The Chachamim say 'be'Kesef Al-Yedei Atzmo'. Why must this mean 'Af Al-Yedei Atzmo', despite the fact that 'Al-Yedei Acheirim speaks when it is without his knowledge (as we just established)?

(b)If that is so, what is the Chidush of the Chachamim's ruling?

(c)What problem does this create with the Seifa ('bi'Shtar Al-Yedei Acheirim'), which we assume, means specifically 'Al-Yedei Acheirim'?

(d)What leads us to assume that this is indeed so? Why can we not explain that the Seifa too, means 'Af Al-Yedei Acheirim'?

4)

(a)The Chachamim say 'be'Kesef Al-Yedei Atzmo'. This must mean 'Af Al-Yedei Atzmo', despite the fact that 'Al-Yedei Acheirim speaks when it is without his knowledge (as we just established) because the Rabanan consider an Eved going free to be to his advantage.

(b)The Chidush of the Chachamim's ruling will then be that there is a way for an Eved to acquire without his master acquiring it.

(c)The problem this creates with the Seifa ('bi'Shtar Al-Yedei Acheirim'), which we assume, means specifically 'Al-Yedei Acheirim' is that, since we rule (traditionally), that the Eved's Yad comes together with his Get, why should we preclude a 'Shtar Al-Yedei Atzmo'?

(d)What leads us to assume that this is indeed so is that if the Seifa too, meant 'Af Al-Yedei Acheirim', then the Chachamim ought to have combined Kesef and Shtar into one statement and said 'be'Kesef u'vi'Shtar Bein Al-Yedei Acheirim Bein Al-Yedei Atzmo.

5)

(a)We therefore conclude that there are three opinions and that the author of the Seifa must be Rebbi Shimon ben Elazar. What does he say?

(b)What do the Rabanan hold?

(c)How do we know that the three opinions cannot be 1. Rebbi Meir (as we explained); 2. the Rabanan, who learn the Seifa of our Mishnah as we just explained, and 3. Rebbi Shimon ben Elazar, who holds like them regarding Shtar, and like Rebbi Meir regarding Kesef? Note, that according to this 'Havah Amina', we establish the author of the Seifa as Rebbi Shimon ben Elazar (not to preclude the Rabanan, like whom he in fact holds, but) because his opinion regarding Shtar is known (whereas that of the Rabanan is not).

(d)How does Rebbi Shimon ben Elazar learns this "Lah" "Lah" from Get Ishah?

5)

(a)We therefore conclude that there are three opinions and that the author of the Seifa must be Rebbi Shimon ben Elazar who says that 'Af bi'Shtar Al-Yedei Acheirim v'Lo Al-Yedei Atzmo'.

(b)The Rabanan hold 'bi'Shtar Af 'Al-Yedei Acheirim'.

(c)The three opinions cannot be 1. Rebbi Meir (as we explained); 2. the Rabanan, who learn the Seifa of our Mishnah as we just explained, and 3. Rebbi Shimon ben Elazar, who holds like them regarding Shtar, and like Rebbi Meir regarding Kesef because how could we then rule 'Gito v'Yado Ba'in k'Echad', seeing as it would only be the opinion of Rebbi Meir? Note, that according to this 'Havah Amina', we establish the author of the Seifa as Rebbi Shimon ben Elazar (not to preclude the Rabanan, like whom he in fact holds, but) because his opinion regarding Shtar is known (whereas that of the Rabanan is not).

(d)Rebbi Shimon ben Elazar learns this from "Lah" "Lah" from Get Ishah inasmuch as the Shtar Shichrur, like the Get Ishah, must leave the owner's domain completely (meaning one that was not his prior to the Shichrur).

6)

(a)How will the Rabanan (who agree on principle with the 'Gezeirah-Shavah' of "Lah "Lah") - explain the comparison?

6)

(a)The Rabanan (who agree on principle with the 'Gezeirah-Shavah' of "Lah "Lah") explain that an Eved, just like a woman, can receive her own Get.

23b----------------------------------------23b

7)

(a)Rabah asks whether, according to Rebbi Shimon ben Elazar, an Eved can appoint a Shali'ach to accept his Get Shichrur on his behalf. The Tzad to say that he can is the 'Gezeirah-Shavah' "Lah" "Lah" from Get Ishah. What is the Tzad to say that he cannot?

(b)Why does Rabah ask this She'eilah particularly according to Rebbi Shimon ben Elazar, and not according to the Rabanan?

(c)What does Rabah conclude?

7)

(a)Rabah asks whether, according to Rebbi Shimon ben Elazar, an Eved can appoint a Shali'ach to accept his Get Shichrur on his behalf. The Tzad to say that he can is the 'Gezeirah-Shavah' "Lah" "Lah" from Get Ishah. The Tzad to say that he cannot is that since he cannot accept his own Get (whereas a woman can), he cannot appoint a Shali'ach either.

(b)Rabah asks this She'eilah particularly according to Rebbi Shimon ben Elazar because according to the Rabanan, who permit an Eved to accept the Get himself, there is no reason as to why he should not be able to appoint a Shali'ach.

(c)Rabah concludes that he can appoint a Shali'ach (because we learn "Lah" "Lah" from Ishah).

8)

(a)How did Rav Huna Brei d'Rav Yehoshua prove that the Kohanim are the Sheluchim of Hash-m and not of the owner of the Korban that they are bringing?

(b)In that case, how can Rabah rule that an Eved, who cannot accept his own Get Shichrur, may appoint a Shali'ach to accept it for him?

(c)Why does the Tana of the Beraisa confine this leniency to the Get of a fellow Eved of another master but not of his own?

8)

(a)Rav Huna Brei d'Rav Yehoshua proves that the Kohanim are Sheluchim of Hash-m and not of the owner of the Korban that they are bringing because if they were the Yisrael's Shali'ach, a Shali'ach cannot perform something that the Meshale'ach cannot himself cannot perform.

(b)Nevertheless, Rabah rules that an Eved, who cannot accept his own Get Shichrur, can appoint a Shali'ach to accept it for him because even though the Eved cannot accept his own Get, he can be appointed a Shali'ach to accept the Get Shichrur of a fellow Eved (proving that it is only due to a technical hitch that he cannot accept his own Get, and not because he is intrinsically disqualified from this area of Halachah).

(c)The Tana of the Beraisa confines this leniency to the Get of a fellow Eved of another master but not of his own because of the principle 'Yad Eved k'Yad Rabo', in which case, his master has not placed the Get outside his domain (as we explained earlier), whereas in the case of someone else's Eved, he has.

9)

(a)Rebbi Meir forbids Kesef Al-Yedei Atzmo, even with money given to him by others; whereas the Chachamim permit it. How do we initially explain the basis of their Machlokes?

(b)Seeing as whatever an Eved produces or finds belongs to his master, why might the Rabanan say otherwise in this case?

(c)Rabah Amar Rav Sheshes however, concludes, that, in this case, even the Rabanan will agree that 'Ein Kinyan l'Eved b'Lo Rabo, v'Ein Kinyan l'Ishah b'Lo Ba'alah'. Then in which case do they argue? What is the basis of the Machlokes?

(d)On what grounds ...

1. ... does Rebbi Meir still declines to permit 'Al-Yedei Atzmo'?

2. ... do the Rabanan disagree with him?

9)

(a)Rebbi Meir forbids Kesef Al-Yedei Atzmo, even with money given to him by others; the Chachamim permit it. We initially explain the basis of their Machlokes to be whether an Eved has a Kinyan without his master or not.

(b)In spite of the Halachah that whatever an Eved produces or finds belongs to his master, the Rabanan might say otherwise in this case because the Eved is only acquiring what others are giving him, and those others give it to him on the specific (unspoken) understanding that it should belong to him, and not to his master (and the master cannot acquire it against the donor's will).

(c)Rabah Amar Rav Sheshes however, concludes, that, in this case, even the Rabanan will agree that 'Ein Kinyan l'Eved b'Lo Rabo, v'Ein Kinyan l'Ishah b'Lo Ba'alah', and the basis of the Machlokes is when the donor specifically stipulated 'Al-Menas she'Ein l'Rabach Reshus Bah'.

(d)

1. Rebbi Meir still declines to permit 'Al-Yedei Atzmo' because the moment the Eved acquires it, it belongs to his master (as if he was literally the hand of his master), and no condition can change that.

2. The Rabanan disagree with him because the stipulation prevents the master from acquiring the Get.

10)

(a)Rebbi Elazar (ben Pedas) maintains that, even in such a case, the Rabanan will apply the principle 'Mah she'Kana Eved Kana Rabo ... '. In which case do they then argue?

(b)On what grounds do the Rabanan now hold 'be'Kesef Al-Yedei Atzmo'?

(c)Our Sugya compares Ishah to Eved regarding this matter. How do we know that a husband acquires his wife's property?

10)

(a)Rebbi Elazar (ben Pedas, the Amora) maintains that, in even in such a case, the Rabanan will apply the principle 'Mah she'Kana Eved Kana Rabo ... ', and they argue in a case when the others stipulated 'Al-Menas she'Teitzei Bo l'Cheirus'.

(b)The Rabanan now hold 'be'Kesef Al-Yedei Atzmo' because the donors were not even Makneh the money to the Eved either'; they only gave it to him to hand over to his master (in which case, their condition stands and the money is used for that purpose).

(c)Our Sugya compares Ishah to Eved regarding this matter. We know that a husband acquires his wife's property from the fact that her husband acquires the work of her hands and whatever she finds.

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