KIDUSHIN 45 (24 Cheshvan) - dedicated by Dr. Moshe and Rivkie Snow in memory of Rivkie's father, the Manostrishtcher Rebbe, Hagaon Rav Yitzchak Yoel ben Harav Gedaliah Aharon Rabinowitz Ztz"l, Rav of Kehilas Nachalas Yehoshua in Canarsie, NY. A personification of the Torah scholar of old, the Ukranian-born Rebbe lived most of his life in the United States where his warm ways changed many lives.

1)

(a)We learned in the first Perek that, according to the Tana Kama of the Beraisa, a father may not sell his daughter to close relatives. Why is that?

(b)Why does he then concede to Rebbi Elazar (who permits it), that one may sell an Almanah to a Kohen Gadol or a Gerushah or Chalutzah to a Kohen Hedyot (even though he is not permitted to marry her l'Chatchilah)?

(c)Why can the Tana not be speaking when it was the father who betrothed the Gerushah to the first man?

(d)What must we then conclude? Who betrothed her to the first man?

1)

(a)We learned in the first Perek that, according to the Tana Kama of the Beraisa, a father may not sell his daughter to close relatives - because the option to making Yi'ud must be left open.

(b)He concedes however, to Rebbi Elazar (who permits it), that one may sell an Almanah to a Kohen Gadol or a Gerushah or Chalutzah to a Kohen Hedyot (even though he is not permitted to marry her l'Chatchilah) - because Kidushin is effective b'Di'eved.

(c)The Tana cannot be speaking when it was the father who betrothed the Gerushah to the first man - because then he would not be permitted to subsequently sell her as a Shifchah.

(d)We must therefore conclude - that it was the Ketanah who betrothed herself to her first husband.

2)

(a)What problem does the above Beraisa now create for Ula (who said 'Afilu Mi'un Einah Tzerichah')?

(b)So Rav Amram Amar Rebbi Yitzchak establishes the Beraisa like Rebbi Yosi b'Rebbi Yehudah. What does Rebbi Yosi b'Rebbi Yehudah say? How did she become betrothed to the first man?

(c)How does this solve the problem?

2)

(a)This Beraisa creates a problem for Ula (who said 'Afilu Mi'un Einah Tzerichah') - whereas from the Beraisa we see that a Ketanah can arrange her own betrothal (since the Tana refers to her as an Almanah)?

(b)So Rav Amram Amar Rebbi Yitzchak establishes the Beraisa by Kidushei Yi'ud, according to Rebbi Yosi b'Rebbi Yehudah, in whose opinion the Kidushin is (not the result of the initial money which the father received for the sale, but) the last Perutah's worth of work.

(c)This solves the problem - because now the father, who did not initiate the first Ishus, is not selling her for Shifchus after Ishus.

3)

(a)If, in the case of the Ketanah who accepted her own Kidushin, her betrothed died and she fell before the Yavam, Rav Huna Amar Rav rules that she requires Mi'un for the Ma'amar but not for the Zikah. What else does she require?

(b)On what grounds does she require ...

1. ... a Get?

2. ... Chalitzah?

3. ... Mi'un?

(c)Now that she requires a Get, what is the point of making Mi'un?

(d)In order to require Mi'un, why do we need to say that the father did not consent to either Kidushin? Why will it not suffice to say that he did not give his consent to the second Kidushin (in which case Kidushin will take effect on her sister)?

3)

(a)If, in the case of the Ketanah who accepted her own Kidushin, her betrothed died and she fell before the Yavam, Rav Huna Amar Rav rules that she requires Mi'un for the Ma'amar but not for the Zikah - as well as a Get and Chalitzah.

(b)She requires ...

1. ... a Get - in case her father consented to the second Kidushin.

2. ... Chalitzah - in case he consented to the first Kidushin.

3. ... Mi'un - in case he consented to neither.

(c)Despite the Get, she also requires Mi'un - to prevent the misconception that she was fully married to him, and that should he subsequently betroth her sister, the Kidushin is invalid.

(d)In order to require Mi'un, we do not really need to say that the father did not consent to either Kidushin. It would suffice to say that he did not give his consent to the second Kidushin (in which case Kidushin will take effect on her sister) - and we only add this casually (Lav Davka).

4)

(a)What does she require, in the event that the Yavam did not make Ma'amar?

(b)She does not require Mi'un a well (to prevent people from jumping to conclusions and invalidating the subsequent Kidushin with her sister), because of a statement of Reish Lakish. Which statement of Reish Lakish (extrapolating from a ruling of Rebbi) are we referring to?

4)

(a)In the event that the Yavam did not make Ma'amar - she only requires Chalitzah

(b)She does not require Mi'un a well (to prevent people from jumping to conclusions and invalidating the subsequent Kidushin with her sister), because of Reish Lakish, who, extrapolating from a ruling of Rebbi) - stated 'Achos Gerushah mi'Divrei Torah; Achos Chalutzah mi'Divrei Sofrim' (dual principles of which everybody is aware). Consequently, if he were to betroth her sister, she would require a Get in any case.

5)

(a)What transpired with the two men who were sitting underneath a willow-tree ('Tusi Tzipi'( drinking wine?

(b)What else might 'Tusi Tzipi' mean?

(c)What did Ravina rule in that case?

(d)Why does he not suspect that the son ...

1. ... appointed his father a Shali'ach?

2. ... talked his father into volunteering to act as his Shali'ach?

5)

(a)One of the two men who were sitting underneath a willow-tree ('Tusi Tzipi') drinking wine - asked the other to betroth his daughter to his own son.

(b)'Tusi Tzipi' mean - might also mean underneath a mat that was placed (for shade) on stones or nails projecting from a wall

(c)Ravina ruled there - that even the opinions that contend with the possibility that the father consented to his young daughter's betrothal, would not contend with the possibility that the son consented to his father's betrothal on his behalf.

(d)He does not suspect that the son ...

1. ... appointed his father a Shali'ach - because, as Ravina explains, a son would not have the Chutzpah to appoint a father to be his Shali'ach.

2. ... talked his father into volunteering to act as his Shali'ach - because, as Rabah bar Shimi explained, Ravina does not really even hold like Rav and Shmuel (who contend with the possibility that the father consented to his young daughter's betrothal), and certainly not to the possibility that the son consented to his father's (and he only mentioned the possibility casually, without really meaning it).

45b----------------------------------------45b

6)

(a)When a man betrothed a girl in the street with a bunch of vegetables, without her father's consent, on what grounds did Ravina declare the Kidushin invalid, even according to Rav and Shmuel (who suspect that the father may have consented to the Kidushin)?

(b)What happened ...

1. ... in the case where a man wanted his daughter for his relative, and his wife wanted her for her relative? Who prevailed?

2. ... whilst they were celebrating?

6)

(a)When a man betrothed a girl in the street with a bunch of vegetables, without her father's consent, Ravina declare the Kidushin invalid, even according to Rav and Shmuel - because even they only refer to a respectable Kidushin, not one that took place in the street, and not one that entailed no more than a bunch of vegetables.

(b)What happened ...

1. ... in the case where a man wanted his daughter for his relative, and his wife wanted her for her relative is - that she prevailed upon her husband to accept her choice.

2. ... whilst they were celebrating - is that his relative met their daughter on the roof and betrothed her.

7)

(a)The question now arises whether, in the current case too, Rav and Shmuel will still contend with the father's consent. Which Pasuk does Abaye quote to refute this possibility?

(b)What reason does Rava give for this?

(c)What are the ramifications of their Machlokes?

7)

(a)In this case Abaye concludes, Rav and Shmuel will concede that we do not contend with the father's consent - on account of the Pasuk in Tzefanyah "She'eiris Yisrael Lo Ya'asu Avlah ve'Lo Yedabru Chazav" (and so, having conceded to his wife's choice, he would not have gone back on his word and agreed to the Kidushin that took place)) .

(b)According to Rava, it is - because a man does not squander money on a Se'udah (the Se'udas Erusin) unless he is serious.

(c)The ramifications of their Machlokes will be - in a case where the father did not arrange a Se'udas Erusin.

8)

(a)According to Rav, if a girl accepts Kidushin from a Kohen with her father's consent, he travels overseas and the daughter marries, she is permitted to eat Terumah. What does Rav Asi say?

(b)What did Rav do when such a case came before him?

(c)In any event, says Rav Shmuel bar Rav Yitzchak, Rav concedes that, in the event of her death, her husband does not inherit her. Why is that?

(d)Then why is he lenient with regard to her eating Terumah?

8)

(a)According to Rav, if a girl accepts Kidushin from a Kohen with her father's consent, he travels overseas and the daughter marries, she is permitted to eat Terumah. Rav Asi - forbids it in case her father returns and negates the Kidushin.

(b)When precisely such a case came before Rav - he took into account with Rav Asi's opinion, and forbade the girl to eat Terumah.

(c)In any event, says Rav Shmuel bar Rav Yitzchak, Rav concedes that, in the event of her death, her husband does not inherit her - because we place the money in the Chazakah of her family.

(d)He is lenient with regard to Terumah - seeing as min ha'Torah, she is permitted to eat Terumah from the time of the betrothal (as we have already learned).

9)

(a)Why, if her father agreed to the Kidushin and, although he was still present, his daughter married without his consent, does Rav Huna forbid her to eat Terumah, even according to Rav?

(b)What does Rav Yirmeyah bar Aba say (even according to Rav Asi)?

9)

(a)If her father agreed to the Kidushin and, although he was still present, his daughter married without his consent, Rav Huna forbids her to eat Terumah, even according to Rav - because in this case, we construe her father's silence as anger.

(b)Rav Yirmeyah bar Aba however - permits her to eat even according to Rav Asi, because he construes the father's silence as consent.

10)

(a)What do Rav Huna and Rav Yirmeyah bar Aba respectively, hold in a similar case, but where the Kidushin too, took place without her father's consent?

(b)What does Ula mean when he refers to Rav Huna's latter opinion as being "like vinegar to the teeth and smoke to the eyes" (Mishlei)

(c)How does Rava explain Rav Huna's opinion?

10)

(a)In a similar case, but where the Kidushin too, took place without her father's consent - Rav Huna and Rav Yirmeyah bar Aba switch their opinions. Rav Huna permits her to eat Terumah, whereas Rav Yirmeyah bar Aba forbids it.

(b)When Ula refers to Rav Huna's latter opinion as being "like vinegar to the teeth and smoke to the eyes", he means - that it is totally illogical, because if Rav Huna is strict when the Kidushin did take place with the father's consent, then why is he lenient when it didn't?

(c)Rava however, explains - that there where the daughter went ahead and betrothed and then married without her father's consent, there is no doubt that, had her father been angry, he would never have remained silent, and hat, if he did, it can only be because he gave his consent.

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