1)

(a)We amend Rebbi Yosi b'Rebbi Chanina, who now attributes Rebbi Yochanan's reason (that the Rabanan concede that the Na'arah may not receive her own Kidushin) to the fact that Kidushin requires Da'as, unlike a Get, which a husband may give against her will (so it makes no difference who receives it). What is again the problem with this from Ma'amar?

(b)We therefore establish the case of Ma'amar (which she may also receive) like Rebbi. What does Rebbi say?

(c)What do the Chachamim hold?

1)

(a)We amend Rebbi Yosi b'Rebbi Chanina, who now attributes Rebbi Yochanan's reason (that the Rabanan concede that the Na'arah may not receive her own Kidushin) to the fact that Kidushin requires Da'as, unlike a Get, which a husband may give against her will (so it makes no difference who receives it). Again the problem from Ma'amar is - that Ma'amar, like Kidushin, can only be performed with the Yevamah's Da'as, yet the Tana permits even the Na'arah herself to accept it.

(b)We therefore establish the case of Ma'amar (which she may also receive) like Rebbi - who validates Ma'amar Ba'al Korchah.

(c)The Chachamim - require Ma'amar to be with the Da'as of the Yevamah.

2)

(a)Rebbi learns Ma'amar Ba'al Korchah from the Bi'ah of a Yevamah (which may also be performed Ba'al Korchah). What is the Rabanan's source?

(b)Why does ...

1. ... Rebbi decline to learn like the Rabanan?

2. ... the Rabanan not learn like Rebbi?

(c)What does the Mishnah concerning Ma'amar ('ve'ha'Na'arah bein mi'Da'as Azmah bein mi'Da'as Avihah') say in conclusion about Kidushin?

(d)Why is this not a proof for Rebbi Yochanan (in whose opinion the Rabanan argue with Rebbi Yehudah [about two Yados] by Gitin, but not by Kidushin)? How will Reish Lakish (who maintains that the Rabanan argue by Kidushin too) establish the Mishnah?

2)

(a)Rebbi learns Ma'amar Ba'al-Korchah from the Bi'ah of a Yevamah (which may also be performed Ba'al Korchah). The Rabanan's source for this is - a regular Kidushin (which requires the woman's Da'as).

(b)The reason that ...

1. ... Rebbi declines to learn like the Rabanan is -- because he prefers to learn matters that concern a Yevamah from matters that concern a Yevamah, whereas ...

2. ... the Rabanan decline to learn like Rebbi - because they prefer to learn Kidushin from Kidushin.

(c)The Mishnah concerning Ma'amar ('ve'ha'Na'arah bein mi'Da'as Azmah bein mi'Da'as Avihah') says in conclusion - 'Mah she'Ein Kein be'Kidushin'.

(d)This is not however, a proof for Rebbi Yochanan (in whose opinion the Rabanan restrict their dispute with Rebbi Yehudah [about two Yados] by Gitin, but not by Kidushin) - because Reish Lakish (who maintains that the Rabanan argue by Kidushin too) will establish the Mishnah like Rebbi Yehudah.

3)

(a)If the author of this Mishnah is Rebbi Yehudah, why does he say 'Mah she'Ein Kein be'Kidushin' (rather than 'Mah she'Ein Kein be'Gerushin')?

(b)On what grounds does Rebbi Yehudah differentiate between Gerushin and Ma'amar (seeing as both are Ba'al Korchah)?

(c)How do we use this distinction to re-establish Rebbi Yosi b'Rebbi Chanina's explanation in Rebbi Yochanan (distinguishing between Kidushin which takes her out of her father's domain, and Gerushin, which brings her in)?

3)

(a)Despite the fact that the author of this Mishnah is Rebbi Yehudah, he says 'Mah she'Ein Kein be'Kidushin' (rather than 'Mah she'Ein Kein be'Gerushin') - because 'Kidushin is more similar to Ma'amar than Gerushin.

(b)Rebbi Yehudah differentiates between Gerushin and Ma'amar (despite the fact that are both are Ba'al Korchah) - on the grounds that by Ma'amar, since the Yevamah is already bound to the Yavam, anything will suffice to conclude the transaction.

(c)That being the case, we can re-establish Rebbi Yosi b'Rebbi Chanina's explanation in Rebbi Yochanan (distinguishing between Kidushin which takes her out of her father's domain, and Gerushin, which brings her in) - to refute the Kashya we asked as to why Ma'amar (which also takes her out), should be valid even through the Na'arah). However, we can now make the same distinction between Kidushin and Ma'amar as Rebbi makes between Gerushin and Ma'amar.

4)

(a)What can we extrapolate from our Mishnah 'ha'Ish Mekadesh Es Bito ke'she'Hi Na'arah, Bo u'vi'Shelucho'?

(b)How do we initially establish the Mishnah, to reconcile it with Reish Lakish?

(c)The Seifa of our Mishnah (later in the Perek) states 'ha'Omer le'Ishah Hiskadshi Li bi'Temarah Zu, Hiskadshi Li be'Zu, Im Yesh be'Achas Meihen Shaveh Perutah, Mekudeshes'. Why must the author of the Mishnah be Rebbi Shimon? What does he say in a case where someone responds to five people who claim an article that they deposited by him with the words'Shevu'ah she'Ein Lecha be'Yadi Lo Lecha, ve'Lo Lecha'?

(d)Why is that?

4)

(a)We can extrapolate from our Mishnah 'ha'Ish Mekadesh Es Bito ke'she'Hi Na'arah Bo u'vi'Shelucho' - 'Bo u'vi'Shelucho In, Bah u'vi'Sheluchah, Lo' (a Kashya on Reish Lakish).

(b)In order to reconcile the Mishnah with Reish Lakish - we initially establish it like Rebbi Yehudah.

(c)The Seifa of our Mishnah (later in the Perek) states 'ha'Omer le'Ishah Hiskadshi Li bi'Temarah Zu, Hiskadshi Li be'Zu Im Yesh be'Achas Meihen Shaveh Perutah, Mekudeshes'. The author of the Mishnah must be Rebbi Shimon - because he is the one who requires 'Hiskadshi' by each Prat, for the Kidushin to be effective (like in the case where someone responds to five people who claim an article that they deposited by him with the words 'Shevu'ah she'Ein Lecha be'Yadi Lo Lecha, ve'Lo Lecha', where he rules 'Eino Chayav Ela Achas' ...

(d)... because the accused did not say 'Shevu'ah' by each one).

5)

(a)Rebbi Meir says in a Beraisa 'Zeh ha'Klal; Klal, Eino Chayav Ela Achas; Prat, Chayav Al Kol Achas ve'Achas'. What does Rebbi Yehudah say in a case of 'Shevu'ah Lo Lecha, Lo Lecha, Lo Lecha'?

(b)What would he have to have responded to be Chayav a Shevu'ah to each one, according to Rebbi Elazar?

(c)How does Rebbi Yehudah's opinion here affect our proposal to establish our Mishnah ('*ha'Ish* Mekadesh Bo u'vi'Shelucho') like him?

(d)Then how will Reish Lakish establish our Mishnah to avoid being faced with a discrepancy between our Mishnah and the Rabanan?

5)

(a)Rebbi Meir says in a Beraisa 'Zeh ha'Klal; Klal, Eino Chayav Ela Achas, Prat, Chayav Al Kol Achas ve'Achas'. Rebbi Yehudah says in a case of 'Shevu'ah Lo Lecha, Lo Lecha, Lo Lecha' - 'Chayav Al Kol Achas ve'Achas' (even though he did not say Shevu'ah to each one [as is required by Rebbi Shimon]).

(b)To be Chayav a Shevu'ah to each one, according to Rebbi Elazar - he would have to add a 'Vav' by the last one ('Lo Lecha, Lo Lecha, Lo Lecha ve'Lo L'chah Shevu'ah').

(c)Rebbi Yehudah's opinion here affects our proposal to establish our Mishnah ('*ha'Ish* Mekadesh Bo u'vi'Shelucho') like him - inasmuch as, having just proved from the Seifa, that the author must be Rebbi Shimon (with whom Rebbi Yehudah argues), the author can no longer be Rebbi Yehudah.

(d)In order to avoid being faced with a discrepancy between our Mishnah and the Rabanan therefore - Reish Lakish will establish our Mishnah like Rebbi Shimon, who holds like Rebbi Yehudah by Shelichus (i.e. that the father can receive his daughter's Kidushin, but not the daughter herself).

6)

(a)What did Rebbi Zeira reply, when Rebbi Asi, who had not been to the Beis-ha'Medrash the previous day, asked him what they had learned there?

(b)Which ruling had been issued according to Rebbi Avin? How had Reish Lakish reacted to the ruling?

(c)What did Rebbi Zeira reply when Rebbi Asi queried Rebbi Avin's reliability? What did he mean when he said 'ke'Min Yama le'Tigni?

(d)Rav Nachman bar Yitzchak said that he did not know whether the Rebbi Avin was Rebbi Avin bar Chiya or Rebbi Avin bar Kahana (because he had been quoted 'Rebbi Avin' Stam). What difference does it make which Rebbi Avin it was?

6)

(a)When Rebbi Asi, who had not attended the Beis-ha'Medrash the previous day, asked Rebbi Zeira what they had learned there, he replied - that he had not attended either, but that Rebbi Avin who had, had informed him of what had been said there.

(b)According to Rebbi Avin - the Rabanan had issued a ruling like Rebbi Yochanan (differentiating between Gitin and Kidushin), to which, Reish Lakish had cried out like a crane "ve'Yatz'ah ve'Hayesah" (but nobody took any notice).

(c)When Rebbi Asi queried Rebbi Avin's reliability, Rebbi Zeira replied - 'ke'Min Yama le'Tigni', by which he meant that Rebbi Avin's information had been so close to the event ('like a fish from the sea straight into the frying-pan'), that irrespective of how reliable he was, there was not sufficient time for him to have forgotten any of the details.

(d)Rav Nachman bar Yitzchak said that he did not know whether thr Rebbi Avin was Rebbi Avin bar Chiya or Rebbi Avin bar Kahana (because he was told 'Rebbi Avin' Stam). The difference as to which Rebbi Avin it was, was important - so as to be able to point out a discrepancy in the words of whichever Rebbi Avin might have made a statement to the contrary.

44b----------------------------------------44b

7)

(a)Rava asked Rav Nachman whether a Na'arah can appoint a Shalia'ch to receive her Get from her husband. What are the two sides of the She'eilah?

(b)What did Rava say about a case where a husband placed a Get into the hands of his wife's Eved whilst he was asleep and his wife was guarding him?

(c)Why would she not be divorced if he did so whilst the Eved was awake? What do we prove from the first of these two Halachos?

(d)How do we subsequently amend the She'eilah?

7)

(a)Rava asked Rav Nachman whether a Na'arah can appoint a Shalia'ch to receive her Get from her husband - depending on whether the daughter receives her Get in the capacity of her father's 'Yad' (in which case she can appoint a Shali'ach just like her father can), or in the capacity of his Chatzer (in which case she will not be divorced until the Get reaches her hand).

(b)Rava rules - that if a husband places a Get into the hands of his wife's Eved whilst he is asleep and his wife is guarding him, she is divorced.

(c)She would not however, be divorced if he did so whilst the Eved was awake, proving that she acts in the capacity of her father's 'Yad' (because otherwise, she would not be divorced even if the Eved was asleep).

(d)So we subsequently amend the She'eilah to read - whether, even as her father's 'Yad', she has the authority to appoint a Shali'ach or not.

8)

(a)What is the outcome of Rava's She'eilah? How does Rav Nachman resolve it?

(b)How does Rav Nachman therefore establish the Beraisa 'Ketanah she'Amrah Hiskabel Li Giti Eino Get ad she'Higi'a Get le'Yadah', implying that in the case of a Na'arah, it would be a Get?

(c)What does the Seifa of the Beraisa rule in a case where the Ketanah's father appointed a Shali'ach le'Kabalah? Is the father permitted to retract once the Shali'ach has the Get in his hands?

(d)Then how can Rav Nachman establish the Reisha where there is no father?

8)

(a)Rav Nachman resolves Rava's She'eilah by categorically declaring - 'Einah Osah Shali'ach'.

(b)Rav Nachman therefore establishes the Beraisa 'Ketanah she'Amrah Hiskabel Li Giti Eino Get ad she'Higi'a Get le'Yadah' (implying that in the case of a Na'arah, it would be a Get) - in a case where the girl has no father.

(c)In a case where the Ketanah's father appointed a Shali'ach le'Kabalah, the Seifa of the Beraisa rules - that the father is not permitted to retract once the Shali'ach has the Get in his hands.

(d)Rav Nachman nevertheless establishes the Reisha where there is no father - by simply adding a piece to the Mishnah 'Bameh Devarim Amurim, ke'she'Ein Lah Av, Aval Yesh Lah Av, ve'Amar Avihah ... '.

9)

(a)What did Karna find strange about Shmuel's statement 'Ketanah she'Niskadshah she'Lo le'Da'as Avihah, Tzerichah Get u'Tzerichah Mi'un'?

(b)Why did they send Shmuel's statement to Mar Ukva in Kafri (rather than ask Shmuel in Neharda'a whether he had really said such a thing)?

(c)What did Mar Ukva subsequently do? Why did he change the case?

(d)How did Rav react when he received this version of the Machlokes between Shmuel and Karna?

9)

(a)What Karna found strange about Shmuel's statement 'Ketanah she'Niskadshah she'Lo le'Da'as Avihah, Tzerichah Get u'Tzerichah Mi'un' - was that the two seemed to clash, because a woman who makes Mi'un does not generally require a Get, and one who does receive one, does not require Mi'un.

(b)The reason that they sent Shmuel's statement to Mar Ukva in Kafri rather than ask Shmuel in Neharda'a whether he had really said such a thing - was because the latter lived too far away.

(c)Mar Ukva subsequently sent to Rav (though it is unclear why he did not send to Shmuel - see also Rashash), but he switched the opinions of Shmuel and Karna.

(d)When Rav heard this version of the Machlokes between Shmuel and Karna - he expressed great surprise that Shmuel should query 'Karna's' ruling (with which he concurred).

10)

(a)How does Rav Acha b'rei de'Rav Ika explain Shmuel's statement. Why should the Ketanah require both a Get and Mi'un?

(b)How does Rav Nachman qualify this ruling? When would neither a Get nor Mi'un be required?

10)

(a)Rav Acha Brei de'Rav Ika explains - that the Ketanah requires a Get, in case the father agrees to the Kidushin, and Mi'un, in case he does not.

(b)Rav Nachman qualifies this ruling - by establishing it when the couple was already engaged ('be'she'Shidchu'). Otherwise, they would require neither a Get nor Mi'un.

11)

(a)Ula disagrees with Rav and Shmuel. What does he say?

(b)How do we answer the Kashya 'Af-Al-Gav de'Shidchu?'

(c)What does Ula say in the second Lashon? In what point does the second Lashon differ from the first?

11)

(a)Ula disagrees with Rav and Shmuel. He says - 'Afilu Mi'un Einah Tzerichah'.

(b)We answer the Kashya 'Af-Al-Gav de'Shidchu?' - by establishing Shmuel when there was no Shiduch (not like Rav Nachman).

(c)In the second Lashon - Ula states independently that a Ketanah who accepted Kidushin without her father's consent, does not even require Mi'un (even by Shidchu).

12)

(a)The Mishnah in Yevamos (with regard to Tzaros Ervah) states 've'Chulan Im Meisu, O Miy'anu O Nisgarshu O she'Nimtze'u Ailonis, Tzaroseihen Mutaros'. Why can the Tana not be speaking when the father (to whom the Tzarah now falls) betrothed his daughter to his brother?

(b)Then who betrothed her?

(c)How will Ula, in whose opinion a girl who betroths herself does not even require Mi'un, then explain the Mishnah?

(d)Seeing as a Yesomah be'Chayei ha'Av is after all, a Ketanah, why did the Rabanan give her the right to betroth herself?

12)

(a)The Mishnah in Yevamos (with re. to Tzaros Ervah) states 've'Chulan Im Meisu, O Miy'anu O Nisgarshu O she'Nimtze'u Ailonis, Tzaroseihen Mutaros'. The Tana cannot be speaking when the father (to whom the Tzarah now falls) betrothed his daughter to his brother - because in that case, she would require a Get and not just Mi'un.

(b)He must therefore be speaking when - the daughter betrothed herself.

(c)Ula, in whose opinion a girl who betroths herself does not even require Mi'un, will explain - that she became betrothed to her father's brother, when she was already a Yesomah be'Chayei ha'Av (meaning that her father had already betrothed her to somebody else previously, at which point she left her father's jurisdiction).

(d)Despite the fact that a Yesomah be'Chayei ha'Av is after all, a Ketanah, the Rabanan nevertheless gave her the right to betroth herself - so that she should not be at the mercy of men who will otherwise abuse her.

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