1)

(a)The Mishnah says that 'A woman can be acquired in one of three ways (See Tos. Yom-Tov DH 'be'Shalosh D'rachim) [rather than 'A man can acquire a woman ... '], like it does in the second Perek - because she can only be acquired with her consent (See Tos. Yom-Tov DH 'ha'Ishah' & 'Nikneis').

(b)Nevertheless, the Tana later uses the same expression with regard to a Yevamah, despite the fact that the Yavam can acquire her even against her will - since it uses that expression here.

(c)Two of those ways are Kesef and Sh'tar, the third is - Bi'ah (intimacy [See Tos. Yom-Tov]).

(d)We learn from the Gezeirah-Shavah of 'Kichah' ("Ki Yikach Ish Ishah") 'Kichah' ("Nasati Kesef ha'Sadeh Kach mimeni!") - that a man can acquire a woman with Kesef (See also Tos. Yom-Tov).

(e)The latter statement was made by - Avraham Avinu to Efron ha'Chiti.

2)

(a)In order to betroth a woman with a Sh'tar - one must write on the Sh'tar the wording that we will discuss shortly, and hand it to the woman in front of two witnesses.

(b)Two of the three ways of wording the Sh'tar are - 'Bitcha Mekudeshes li' or Bit'cha Me'ureses li'. The third is - 'Bitcha li le'Intu'.

(c)Even if one writes it, not on parchment, but on a piece of paper or earthenware -the Sh'tar is valid, and ...

(d)... if the Sh'tar is not worth a Shaveh P'rutah.

(e)We learn Kidushei Sh'tar -from "Veyatz'ah Vehaysah" (where the Torah compares Kidushin to Gitin, by which it specifically writes Sh'tar).

3)

(a)We learn Kidushei Bi'ah - from the Pasuk in Ki Seitzei "Ki Yikach Ish Ishah u'Ba'alah".

(b)It is valid - provided it is performed in front of two witnesses (See Tos. Yom-Tov).

(c)Despite the fact that Kidushei Bi'ah is the one form of Kidushin which the Torah mentions explicitly, the Chachamim decreed that someone who does so - receives Makas Mardus (corporal punishment mi'de'Rabbanan) ...

(d)... to prevent promiscuity.

4)

(a)According to Beis Shamai, Kidushei Kesef must consist of at least one Dinar (a hundred and ninety-two P'rutos [See Tos. Yom-Tov]) - or goods to the value thereof (which he gives to the father [See Tos. Yom-Tov]).

(b)According to Beis Hillel, Kidushei Kesef must consist of at least a P'rutah - or goods to the value thereof (which he gives to the father.

(c)A P'rutah is - an eighth of an Italian Isar ...

(d)... the equivalent of the volume of half a barley-grain of silver.

5)

(a)A woman can acquire herself - either with a Get or with the death of her husband (See Tos. Yom-Tov).

(b)A Yavam acquires his Yevamah - with Bi'ah exclusively (See Tos. Yom-Tov) ...

(c)... to be his wife in every regard.

6)

(a)The Chachamim instituted Ma'amar (Kidushin de'Rabbanan) for a Yevamah - which forbids her on the other brothers ...

(b)... but does not release her from the obligation of Chalitzah or obligate the Yavam to bury her in the event that she dies.

(c)A Yevamah acquires herself - with either Chalitzah (See Tos. Yom-Tov) or the death of the Yavam (See Tos. Yom-Tov).

7)

(a)The Mishnah learns from the Pasuk ...

1. ... in Bechukosai "mi'Kesef Miknaso" that - one can acquire an Eved Ivri with money (See Tos. Yom-Tov DH 1 & 2).

2. ... in Mishpatim "Im Acheres Yikach lo" that - one can acquire an Amah ha'Ivriyah with a Sh'tar (just like one acquires a wife [See Tos. Yom-Tov).

(b)We then learn from the Pasuk in Re'ei "ha'Ivri O ha'Ivriyah" - that an Eved Ivri can too.

(c)And he acquires himself with years - after six years of work (See Tos. Yom-Tov).

(d)From the Pasuk in Re'ei "Sheish Shanim Ya'avod u'va'Shevi'is ... ", we learn - that - the Eved Ivri is even obligated to serve in the Sh'mitah-year, in the event that it falls during the six years.

8)

(a)The Mishnah states that an Eved Ivri goes free with the advent of the Yovel (in spit of the fact that occurs only once every fifty years) - in th vent thaat it falls within the six-year period.

(b)The third way the Tana list that allows the Eved Ivri to go free is - Gera'on Kesef (by deducting the number of years that he has already worked from the total, and returning the rest (See Tos. Yom-Tov).

(c)We learn it - from the Hekesh from Amah Ivriyah (mentioned earlier), by whom the Torah writes "Vehefdah" (meaning that she redeems herself).

(d)Assuming the owner purchased him for six Manim - one Manah per year, then if he wants to leave after four years, he returns two Manim to the master and goes free.

9)

(a)In addition to the above, an Amah Ivriyah also goes free - with Simanim (signs of puberty [which we learn from the Pasuk in Mishpatim "Veyatz'ah Chinam"]) (See also Tos. Yom-Tov).

(b)The Mishnah now discusses a Nirtza - an Eved Ivri who wishes to remain (after the initial six-year period) until the Yovel.

(c)His master acquires him - by piercing his ear.

(d)And he acquires himself in one of two ways - either via Yovel or with the death of his master.

(e)We know that he goes free in the Yovel, preciseely because the Torah writes "Va'avado Le'olam" - which in this case, means 'le'Olamo shel Yovel'.

10)

(a)We learn from ...

1. ... the 'Vav' in "Va'ava*do* le'Lo'lam"(in Mishpatim) - that, in the event that his master dies, the Nirtza does not serve his son.

2. ... the Pasuk (Ibid.) "Sheish Shanim Ya'avod" - that an Eved Ivri (during the initial six-year period) does serve the son.

3. ... the 'Chaf" in "Va'avad'cha" (in the Pasuk there "Va'avad'cha Sheish Shanim") - that he does not serve any of his master's heirs other than his son).

(b)And from the Pasuk in Re'ei (in connection with a Nirtza) "ve'Af la'Amascha Ta'aseh Kein", we learn - that an Amah Ivriyah too, goes free when her master dies (See Tos. Yom-Tov).

11)

(a)We learn from the Pasuk in Bechukosai "ve'Hisnachaltem osam li'Veneichem Achareichem" that - like Karka, Avadim Cana'anim can be acquired with Kesef, Sh'tar and Chazakah (See also Tos. Yom-Tov).

(b)Some examples of Chazakah in this regard are where the Eved unties his new master's shoes or puts them on him, where he carries his clothes after him to the bathhouse, undresses him, bathes or anoints him. Picking up his master and vice-versa too is considered a Chazakah.

(c)After scraping him - the final act that constitutes a Chazakah is - dressing him.

12)

(a)An Eved Cana'ani acquire his freedom - either via Kesef or via a Sh'tar (See Tos. Yom-Tov DH 've'Koneh es Atzmo' & 'u'vi'Sh'tar).

(b)Regarding Kinyan Kesef, according to Rebbi Meir, others pay money to the master and declare, as they hand him the money 'on condition that P'loni Eved goes free'.

(c)The Kinyan will not be effective, even if they give the Eved the money on the express condition that his master has no rights over it, and he then hands it over to his master - because Rebbi Meir holds that, under no circumstances, can an Eved acquire without it going straight to his master.

13)

(a)Regarding Kinyan Sh'tar, Rebbi Meir holds that - the Eved must hand over the Sh'tar to his master.

(b)Others are not able to do so on his behalf, without his consnt - because 'Chovah hu le'Eved ... ' (It is a detriment for an Eved to leave his master's domain), and 'One cannot cause a person harm or loss without his consent'.

(c)Going out to freedom is a Chovah, assuming his master is ...

1. ... a Kohen - because he loses the right to eat T'rumah, and ven if he is.

2. ... a Yisrael - because he is no longer permitted to live with a Shifchah Cana'anis.

(d)We do not say the same by Kesef however, because when others hand over the money to the master - it is the fact that the master receives the money (rather than the money itself) that automatically sets the Eved free.

14)

(a)The Chachamim argue with Rebbi Meir in that - a. Kinyan Kesef can be performed via the Eved himself, and b. Kinyan Sh'tar via others.

(b)Their reason regarding...

1. ... Kesef is - because they hold 'Yesh Kinyan le'Eved be'Lo Rabo', in which case he will acquire the money that others give him on condition that his master does not acquire it.

2. ... Sh'tar is - they hold 'Z'chus Hu le'Eved ... ' (It is a advantage for an Eved to leave his master's domain), and one can merit a person even without his knowledge or consent (See Tos. Yom-Tov).

(c)The Chachamim permit Kesef via others - provided the money is theirs (and not given to them by the Eved).

(d)If the others do hand over the money direfctly, on behalf of the Eved - Kal va'Chomer he goes free.

(e)The Halachah is - like the Chachamim.

15)

(a)An Eved Cana'ani also goes free - via 'Shein ve'Ayin' (if his master knocks out his tooth or eye).

(b)The Tana omits it - because he still requires a Get Shichrur (a Sh'tar of freedom),

(c)Besides the Eved's teeth and eyes - twenty-four limbs are included in this Halachah.

(d)Besides his fingers and toes, the tip of the Zachrus of an Eved Cana'ani and the nipples of an Amah ha'Ivriyah - the other three limbs in the list are - the tips of the two ears and the tip of his nose.

16)

(a)According to Rebbi Meir, one acquires a large animal (such as a cow) via 'Mesirah' - where the owner hands over the animal to the purchaser either by its reins or by its hair (See Tos. Yom-Tov).

(b)In order to acquire a small animal (such as a sheep or a goat), one requires - Hagbahah (picking it up [See Tos. Yom-Tov]).

(c)The Chachamim hold that - a small animal can be acquired with Meshichah (leading it or causing it to move) ...

(d)... and Kal va'Chomer with Hagbahah.

(e)Despite the fact that Hagbahah is a better Kinyan, they nevertheless permitted Meshichah - because sometimes the animal digs its claws into the ground, making it difficult for a person to pick it up.

17)

(a)The Halachah is that - one may acquire both a Beheimah Gasah and a Beheimah Dakah with Meshichah and certainly with Hagbahah (See Tos. Yom-Tov).

(b)Meshichah acquires either in a Simta - an alleyway (which is considered the side of the R'shus ha'Rabim) ...

(c)... or in a Chatzer that belongs jointly to the two parties involved.

(d)One may perform ...

1. ... Mesirah in the R'shus ha'Rabim or in a Chatzer that belongs to neither party.

2. ... Hagbahah - anywhere.

18)

(a)One is neither permitted to substitute ...

1. ... Meshichah or Mesirah for Hagbahah, nor ...

2. ... Meshichah For Mesirah or vice-versa.

19)

(a)The Mishnah now discusses 'Nechasim she'Yesh lahem Achrayus' - Karka (immovable property, such as land).

(b)'Achrayus' means - that the crediror is able to claim them from the debtor's purchasers in the event that the debtor himself is unable to pay the debt).

(c)A creditor relies on them more than on Metaltelin - because they are permanent.

20)

(a)Karka can be acquired - with Kesef (See Tos. Yom-Tov [both Diburim]), Sh'tar and Chazakah (performing an act of ownership).

(b)In a town where it is customary to write a Sh'tar - Kesef will not acquire without one (See Tos. Yom-Tov DH 'Kesef #2).

(c)When selling or giving away a field via a Kinyan Sh'tar - the seller writes on a piece of paper or clay 'My field is given or sold to you', and hands it to the purchaser.

(d)The difference between a gift and a sale in this regard is that - the latter only acquires if the purchaser has already paid (See Tos. Yom-Tov DH 'bi'Sh'tar') ...

(e)... unless the seller is specifically selling the field due to its inferior quality (See Tos. Yom-Tov).

21)

(a)We learn from the Pasuk ...

1. ... in Yirmiyah "Sados ba'Kesef Yiknu" that - one can acquire Karka with Kesef (See Tos. Yom-Tov, DH Kesef #2).

2. ... "ve'Kasuv ba'Seifer ve'Chasum" (Ibid.) that - one can also acquire it with a Sh'tar (See Tos. Yom-Tov).

3. ... in Re'ei "vi'Yerishtem osah vi'Yeshavtem bah" that - one can acquire it with Chazakah as well.

(b)Digging in the field (See Tiferes Yisrael), locking the gate, closing a gap in the fence - or creating a small breach constitutes a Chazakah.

(c)The difference between where the purchaser makes the Kinyan in the presence of the seller and where the seller is not present is that - in the latter case, the purchaser may only make the Kinyan when the seller instructs him to do so.

22)

(a)From the Pasuk in B'har "O Kanoh mi'Yad Amisecha we learn that - one acquires Metaltelin with Meshichah ...

(b)... in that whatever is given from hand to hand must be acquired by handing over (See Tos. Yom-Tov [DH #1 ]).

(c)One can also acquire them - together with Karka' (by making a Kinyan on the latter [See Tos. Yom-Tov]) ...

(d)... as we learn from the Pasuk in Divrei ha'Yamim "Vayiten lahem Avihem Matanos Rabos ... im Arei Metzuros".

(e)The Kinyan on Karka incorporate Metaltelin - provided the seller stipulates that it should.

23)

(a)Bearing in mind that Karka is not subject to a Shevu'ah, when the Tana says 'Zokekin Nechasim she'Ein lahem Achrayus es ha'Nechasim she'Yesh lahem Achrayus Lishava aleihen' he means that - if one has to swear anyway on Metaltelin, the claimant can force the defendant to swear on the Karka that he is claiming as well.

(b)'Zokekin' is based on the principle of - 'Gilgul Shevu'ah' ...

(c)... which we learn from "Amen Amen" (by Sotah [See Tos. Yom-Tov]).

24)

(a)We interpret the Mishnah, which discusses 'Kol ha'Na'aseh Damim ba'Acher', as 'Kol ha'Nishum Damim be'Acher' - anything whose value needs to be assessed ...

(b)... to preclude money, whose value is self-evident.

(c)The Tana now teaches us that - if the seller makes a Kinyan on the purchaser's object (any Metaltelin other than money [See Tos. Yom-Tov]), the purchaser automatically acquires the object he is buying.

(d)This Kinyan is known as a Kinyan Sudar (See Tos. Yom-Tov) - and as Kinyan Chalipin.

(e)The ramifications of such a transaction are that - in the event that the article purchased by the buyer dies or gets lost, the seller is not obligated to replace it.

25)

(a)The value of the article that the seller receives from the purchaser - is not significant (since it may even be less than a P'rutah).

(b)The two things that cannot be used as Chalipin are - money and fruit (See Tos. Yom-Tov).

(c)The reason for the former is - because the seller's mind is on the minted form on the coin rather than on the coin itself (and the minted form is not permanent).

(d)One can acquire Avadim and Karka'os with Chalipin.

(e)The only thing that cannot be acquired with Chalipin is - a coin.

26)

(a)If someone performs Chalipin using a coin without weighing or counting it - the Kinyan is valid ...

(b)... because then he is clearly not interested in the minted form on the coin, but in the coin itself (See Tos. Yom-Tov).

(c)The only way of acquiring a coin which is in a different location is - by acquiring it together with Karka (See Tos. Yom-Tov (end of DH 'Keivan she'Zachah ...') .

(d)The two examples the Tana presents to explain how Chalipin works are - if someone swaps an ox for a cow or a donkey for an ox.

27)

(a)When the Tana states ...

1. ... 'R'shus ha'Gavohah be'Chesef', h means - that Hekdesh can acquire with 'Kesef' (See Tos. Yom-Tov), whereas ...

2. ... 'u'Reshus ha'Hedyot ba'Chazakah' - a Hedyot can only acquire with Meshichah (See Tos. Yom-Tov).

(b)The first practical difference between them is - that whereas Hekdesh can acquire an object immediately, even if it on the other side of the world, a Hedyot cannot (without acquiring it together with Karka).

(c)The seller is permitted to retract there where the purchaser has paid but has not yet made a Meshichah - provided he accepts a 'Mi she'Para' (a curse for doing so).

(d)If they reached an agreement in front of two witnesses, but without a transaction having taken place - then he is allowed to retract without accepting a 'Mi she'Para' ...

(e)... even if one of the parties specifically appointed the witnesses ('Atem Eidai!').

28)

(a)When the Tana says 'Amiraso li'Gevohah ki'Mesiraso le'Hedyot', he means that- once a person designates an ox as an Olah or a house to Hekdesh (Bedek ha'Bayis), the Hekdesh takes effect and he cannot retract.

(b)The equivalent Din by a Hedyot is that - he can retract Lechatchilah as long as no Kinyan has taken place (as we just learned [See Tos. Yom-Tov]).

29)

(a)'Mitzvos ...

1. ... ha'Av al ha'Ben' (See Tos. Yom-Tov) - refers to obligations of a father towards his son and ...

2. ... ha'ben al ha'Av' - to obligations of a son towards his father.

(b)The former group comprises - six items (See Tos. Yom-Tov).

(c)The first four are to circumcise him, to redeem him (if he is a firstborn) to teach him Torah - and to teach him a trade/profession.

(d)The fifth obligation is to marry him off and the sixth - to tach him how to swim.

(e)The Mishnah - exempts a mother from all six obligations.

30)

(a)'Mitzvos ha'ben al ha'Av' comprises -two basic Mitzvos (Mora [respect] and Kavod).

(b)The Mitzvah of ...

1. ... Mora itself has three sub-divisions; not to sit in his father's regular place, not to contradict him - and not to cite his own, there where he is able to cite that of his father (See Tos. Yom-Tov).

2. ... Kavod itself comprises three sub-divisions, to feed and to give him to drink, to clothe and to cover him and - to accompany him when he arrives and when he leaves.

(c)The Tana - places the obligations of a daughter on a par with that of a son as regards all the above (See Tos. Yom-Tov).

31)

(a)The Tana rules that rgarding all Mitzvos Asei that ...

1. ... are time-bound - women are exempt (See Tos. Yom-Tov).

2. ... are not time-bound - women are obligated to perform.

(b)Four Examples of ...

1. ...the former are Shofar and Succah - Lulav and Tzitzis (See Tos. Yom-Tov for sources and comments).

2. ... the latter are Mezuzah and Ma'akah (building a parapet around one's roof) - Hashavas Aveidah and Shilu'ach ha'Kein (See Tos. Yom-Tov for sources and comments).

(c)The principle that governs the fact that each group has exceptions - is 'Ein Lemeidin min ha'Kelalos' (Principles do have exceptions [See Tos. Yom-Tov DH 've'Chol']).

(d)The Mitzvos of ...

1. ... Matzah on the first night of Pesach, (Shalmei) Simchah on Yom-Tov and Hakheil on Succos of every eighth year - are all exceptions to the group of Mitzvos that are time-bound (and women are Chayav to observe them).

2. ... Talmud-Torah, Piryah ve'Rivyah and Pidyon ha'Ben - are all exceptions to the group of Mitzvos that are not time-bound (and women are Patur from observing them).

32)

(a)The Mishnah rules that - women are Chayav to observe every Mitzvas Lo Asei, time-bound or otherwise ...

(b)... with three exceptions ...

(c)... "Lo Sachchis ... " (the prohibition of destroying the corners of one's beard and "Lo Sakifu ... " (that of shaving on's Peyos) - and of rendering oneself Tamei for a dead person (with regard to a Kohen).

(d)The difference between the K'lal in the Reisha ('ve'Chol Mitzvos Asei she'ha'Zeman G'rama ... ') and the K'lal in the Seifa ('ve'Chol Mitzvos Lo Sa'aseh ... ') is that - the latter list of exceptions is comprehensive (See Tos. Yom-Tov), seeing as the Tana lists all the exceptions, whereas the former, where he does not, is not.

33)

(a)From the Pasuk in Naso "Ish O Ishah ki Ya'asu mi'Kol Chatos ha'Adam ... " we learn that - women are Chayav to observe Mitzvos Lo Sa'aseh just like men.

(b)We learn from the words "Pe'as Zekanecha" (in the Pasuk is Kedoshim "ve'Lo Sachchis es Pe'as Zekanecha") that a woman is not subject to the La'av of "Lo Sashchis" - via the D'rashah "Zekanecha" (in the singular), 've'Lo Zkan Isht'cha'.

(c)And we know that she is not subject to the La'av of "Lo Sakifu" either - because it is compared (in this same Pasuk) to "Lo Sashchis".

34)

(a)Among the Avodos listed by the Tana are Semichos, Tenufos (See Tos. Yom-Tov), Hagashos and Kemitzos. The last two pertain - to a Korban Minchah.

(b)'Hagashos' are brought to - the south-western corner of the Mizbe'ach.

(c)The last four Avodos on the list are Haktaros, Melikos (pertaining to birds), Haza'os anss - Kabalos ...

(d)... receiving the blood in a K'li (See Tos. Yom-Tov DH 'ha'Semichos ... ' & 'ha'Kabalos ... ').

35)

(a)The Tana presents this list - to teach us that all the items on it cannot be performed by women.

(b)The only two exceptions are Minchas Sotah and Minchas Nezirah - which require the owner to perform Tenufah (even though she is a woman).

36)

(a)The Tana rules that all Mitzvos that have to do with the ground (See Tos. Yom-Tov) - are confined to Eretz Yisrael ...

(b)... whereas Mitzvos that are not connected with the ground - apply to Chutz la'Aretz too (See Tos. Yom-Tov).

(c)One also refers to these two groups of Mitzvos - as 'Chovas Karka' and 'Chovas ha'Guf'.

37)

(a)According to the Tana Kama, there are only two exceptions to the former group of Mitzvos, Orlah and - Kil'ayim.

(b)The source for the obligation of Orlah in Chutz la'Aretz is - Halachah le'Moshe mi'Sinai.

(c)There are two kinds of Kil'ayim that ar connected with the ground, K'lai ha'Kerem and K'lai Zera'im, of which only - K'lai ha'Kerem applies in Chutz la'Aretz ...

(d)... mi'de'Rabbanan.

38)

(a)Rebbi Eliezer includes Chadash among the above exceptions (which are Chayav min ha'Torah even in Chutz la'Aretz) based on the Pasuk in Emor - "be'Chol Moshvoseichem" (See Tos. Yom-Tov).

(b)The Halachah is - like Rebbi Eliezer (See Tos. Yom-Tov).

39)

(a)Besides the fact that 'he will receive good and lengthen his days', the Mishnah says that someone who performs one Mitzvah - will inherit the land.

(b)The Tana means by ...

1. ... 'one Mitzvah' that - he performs one Mitzvah in order to tip the scales (which h assumes to be equally-balanced [half Mitzvos, half Aveiros]) in his favor.

2. ... 'he will receive good and lengthen his days', h means - in Olam ha'Ba (See Tos. Yom-Tov).

3. ... 'inherits the land', he means - 'the land of the living' (See Tos. Yom-Tov).

(c)The Tana continues 'Whoever does not perform one Mitzvah will not receive good and will not inherit the land'. By 'Whoever does not perform one Mitzvah', he means that - he declines to perform one Mitzvah to balance the scales (even though he may have more Aveiros than Mitzvos [See Tos. Yom-Tov]).

40)

(a)The Tana says that someone who indulges in Mishnah, Chumash/T'nach and Derech Eretz - will not easily sin.

(b)'Derech Eretz' means that - he deals with people with integrity.

(c)This statement is based on the Pasuk in Koheles - "ve'ha'Chut ha'Meshulash Lo bi'Meheirah Yinasek".

(d)And about someone who does none of these things, he says that - he does not belong to the civilized world (since he gives nothing to civilization) ...

(e)... wherever he is is considered a 'Moshav Leitzim' (a group of mockers) - and he is disqualified from giving testimony in Beis-Din (See Tos. Yom-Tov).