Mishnah 1
1)
(a)The Mishnah permits a man to betroth a woman via a Shali'ach. What is the significance of the wording 'Bo u'bi'Shelucho' that the Tana uses?
(b)Why is that?
(c)What about the woman appointing a Shali'ach?
(d)How do we learn the principle 'She'lucho shel Adam Kamoso' from the Pasuk in Bo (in connection with the Korban Pesach) "ve'Shachatu oso Kol K'hal Adas Yisrael"?
1)
(a)The Mishnah permits a man to betroth a woman via a Shali'ach. The Tana uses the wording 'Bo u'bi'Shelucho' - to indicate that it is preferable for the Chasan to perform the Mitzvah himself than through a Shali'ach ('Mitzvah bo Yoser mi'bi'Shelucho').
(b)This is - because one receives aditional reward for busying oneself with the Mitzvah.
(c)The woman too - is permitted to appoint a Shali'ach.
(d)We learn the principle 'Shelucho shel Adam Kamoso' from the Pasuk in Bo (in connection with the Korban Pesach) "ve'Shachatu oso Kol K'hal Adas Yisrael" - since it is obvious that not everybody has Shechted the Korban Pesach of which he is participating [See Tos. Yom-Tov).
2)
(a)Up until when does a father have the right to betroth off his daughter?
(b)Seeing as he can certainly do so whilst she is a Ketanah, why does the Tana mention specifically a Na'arah?
(c)What does the Mishnah say about a father betrothing off his daughter?
2)
(a)A father has the right to betroth off his daughter - until she becomes a Bogeres (i.e. as long as she is a Na'arah [See Tos. Yom-Tov]).
(b)Even though he can certainly do so whilst she is a Ketanah, the Tana mentions specifically a Na'arah to teach us that - it is forbidden Lechatchilah to betroth her off as long as she is a Ketanah, until she grows up and specifically agrees to marry the man her father chooses.
(c)The Mishnah permits a father to betroth off his daughter - even through a Shali'ach.
3)
(a)What distinction does the Mishnah draw between someone who says to a woman 'Hiskadshi li bi'Temurah Zu, Hiskadshi li be'Zu', and someone who says 'Hiskadshi li bi'Temurah Zu, u've'Zu u've'Zu'?
(b)What is the reason for the former ruling?
(c)And what does the Tana mean when he rules, in the latter case, where she ate each date as he gave it to her, that she is only betrothed if one of them is worth a 'P'rutah'?
(d)Why is that?
3)
(a)The Mishnah rules that if someone says to a woman 'Hiskadshi li bi'Temurah Zu, Hiskadshi li be'Zu' (See Tos. Yom-Tov) - one of the dates must be worth at least a P'rutah in order for her to be betrothed, whereas if he says 'Hiskadshi li bi'Temurah Zu, u've'Zu u've'Zu' - she will be betrothed even if their combined value is a P'rutah ...
(b)The reason for the former ruling is - because, since he said 'Hiskadshi' by each date, each one is an independent Kidushin.
(c)When the Tana rules, that even in the latter case, if she ate each date as he gave it to her, she is only betrothed if one of them is worth a 'P'rutah', he means - specifically the last one ...
(d)... because, the dates that she eats become a loan, with which she cannot become betrothed (See Tos. Yom-Tov), unless he adds a P'rutah at the end, turning it into a Milvah plus a P'rutah, which is a valid Kidushin.
Mishnah 2
4)
(a)What does the Tana Kama say about a case where a man betroths a woman with ...
1. ... a cup of wine which turns out to be honey, or vice-versa?
2. ... a silver Dinar which turns out to be a golden one, or on condition that he is a rich man and he turns out to be poor, or (in both cases) vice-versa?
(b)What does Rebbi Shimon say?
(c)On what grounds does the Tana Kama disagree?
(d)Like whom is the Halachah?
4)
(a)The Tana Kama rules, in a case where a man betroths a woman with ...
1. ... a cup of wine which turns out to be honey (See Tos. Yom-Tov DH 've'Nimtza ... ' & 'shel D'vash') or vice-versa that - she is not Mekudeshes, as is the Din where he betroths her with ...
2. ... a silver Dinar which turns out to be a golden one, or on condition that he is a rich man and he turns out to be poor, or (in both cases) vice-versa.
(b)According to Rebbi Shimon - she is betrothed in each of the cases which are financially to her advantage (See Tos. Yom-Tov).
(c)The Tana Kama disagrees - because there are some people who, for whatever reason, prefer the less valuable commodity.
(d)The Halachah is - like the Tana Kama.
Mishnah 3
5)
(a)The Mishnah issues the same ruling as in the previous cases, in cases which concern Yuchsin, such as where the man who stipulates that he is a Kohen turns out to be a Levi, or a Nasin who turns out to be Mamzer, or (in both cases) vice-versa. What does the Tana say if he claims to reside in a town and it transpires that he lives in a city?
(b)What does Rebbi Shimon rule in these and in the subsequent cases?
(c)What does the Tana now say about where the man stipulates that his house is close to a bathhouse or that he has a grown-up (Gadeles) daughter or Shifchah and it turns out that this is not the case, or vice-versa (in both cases [See Tos.Yom-Tov])?
(d)What else might 'Gadeles' mean?
5)
(a)The Mishnah issues the same ruling as in the previous cases, in cases which concern Yuchsin, such as where the man who stipulates that he is a Kohen turns out to be a Levi, or a Nasin who turns out to be Mamzer, or (in both cases) vice-versa, and similarly - if he claims to reside in a town and it transpires that he lives in a city (See Tos. Yom-Tov).
(b)In these and in the subsequent cases - Rebbi Shimon concedes that she is not Mekudeshes.
(c)The Tana now - adds to the list where the man stipulates that his house is close to a bathhouse or that he has a grown-up (Gadeles) daughter or Shifchah and it turns out that this is not the case, or vice-versa (in both cases [See Tos.Yom-Tov]).
(d)'Gadeles' might also mean - a daughter that plaits hair (See Tos. Yom-Tov).
6)
(a)And what does the Mishnah finally rule in a case where the man stipulates that he has sons and it turns out that he doesn't, or vice-versa?
(b)What if the woman later claims that she really meant to accept the Kidushin in spite of the change?
(c)And what will be the Din if it is the woman who makes any of the above conditions which are found to be false?
6)
(a)The Mishnah finally - adds to the list a case where the man stipulates that he has sons and it turns out that he doesn't, or vice-versa.
(b)Even if the woman later claims that she really meant to accept the Kidushin in spite of the change - she is not betrothed.
(c)And if it is the woman who makes any of the above conditions which are found to be false -she will not be betrothed either.
Mishnah 4
7)
(a)The Mishnah now discusses a case where a man instructs his Shali'ach to betroth a woman in a specific location, but he finds her in a different location and betroths her there. What difference does it makes whether he specifically instructed him to betroth her in the first location or where he told him that he will find her in that location?
(b)What is the reason for the latter ruling? On what principle is it based?
7)
(a)The Mishnah now discusses a case where a man instructs his Shali'ach to betroth a woman in a specific location, but he finds her in a different location and betroths her there. If he specifically instructed him to betroth her in the first location - she is not betrothed (See Tos. Yom-Tov), whereas if he told him that he will find her there - she is ...
(b)... due to the principle - 'Mar'eh Makom hu Lo' (he was merely telling him where he is likely to find her, but did not intend to preclude betrothing her elsewhere.
Mishnah 5
8)
(a)What if a man ...
1. ... betroths a woman on condition that she has not made any Nedarim (that have not been annulled) and discovers that she has?
2. ... marries a woman S'tam and discovers that she has made Nedarim (See Meleches Sh'lomoh)?
(b)What does the Tana then say about the equivalent case regarding blemishes (instead of Nedarim)?
(c)Which category of blemishes render Pasul the Kidushin of a woman?
8)
(a)If a man ...
1. ... betroths a woman on condition that she has not made any Nedarim (that have not been annulled) and discovers that she has - the Kidushin is invalid.
2. ... marries a woman S'tam and discovers that she has made Nedarim (See Meleches Sh'lomoh) - she goes out without a Kesubah.
(b)In the equivalent case regarding blemishes (instead of Nedarim) - the Tana issues the same two rulings.
(c)The same blemishes that - render Kohanim Pasul to perform the Avodah, render Pasul the Kidushin of a woman.
Mishnah 6
9)
(a)What will be the Din if a man betroths ...
1. ... a woman with something that is worth less than a P'rutah?
2. ... two women with a P'rutah?
(b)The Mishnah now refers to a case the man who did so subsequently sent Sivlonos. What are 'Sivlonos'?
(c)Why is she not betrothed on account of the Sivlonos?
(d)Why might we have thought that she is?
(e)What does the Tana mean when he adds 've'Chein Katan she'Higdil'?
9)
(a)If a man betroths ...
1. ... a woman with something that is worth less than a P'rutah - the Kidushin is invalid, as is the Din if he betroths ...
2. ... two women with a P'rutah (See Tos. Yom-Tov).
(b)... even if he subsequently sent one of the women 'Sivlonos' - gifts that a Chasan sends his Kalah after the engagement.
(c)She is not betrothed on account of the Sivlonos - since he sent them in the form of gifts, not to serve as Kidushin.
(d)We might have thought that - realizing that what he initially gave her did not suffice to create a betrothal, he now sent her the 'gifts' in the form of Kidushin.
(e)And when the Tana adds 've'Chein Katan she'Higdil', he means that - the same Din will apply with regard to a Katan who betroths a woman, and who sends Sivlonos after he becomes a Gadol.
Mishnah 7
10)
(a)What does the Tana say about a man who betroths a woman and her daughter, or two sisters, simultaneously?
(b)How does he learn this from the Pasuk in Acharei-Mos "ve'Ishah el Achosah Lo Sikach li'Tzeror"?
(c)What principle governs this ruling?
10)
(a)The Tana rules that a man who betroths a woman and her daughter, or two sisters, simultaneously - neither of them is Mekudeshes.
(b)He learns this from the Pasuk in Acharei-Mos "ve'Ishah el Achosah Lo Sikach li'Tzeror", which he Darshens to mean - when two sisters (or any other similar cases of Chayvei Kareis) will become Tzaros (rival wives) to one another, the Kidushin is not valid (See Tos. Yom-Tov).
(c)The principle that governs this ruling is - 'Ein Kidushin Tofsin be'Chayvei Kareis' (Kidushin does not effect on Chayvei Kareis).
11)
(a)The Mishnah tells the story of a man who betrothed five women simultaneously. How did he do that?
(b)How many of them were sisters?
(c)Whose figs did the man give the woman?
(d)What is the significance of the fact that they were Sh'mitah-produce?
(e)Then why does the Tana see fit to add that they belonged to the women?
11)
(a)The Mishnah tells the story of a man who betrothed five women simultaneously - by giving a basket of figs to one of them on behalf of them all and declaring 'Harei Kulchem Mekudashos Li be'Kalkalah Zu!'.
(b)Two of them were sisters.
(c)The basket of figs that the man gave the woman - belonged to the women.
(d)The Tana needed to establish that the figs were Sh'mitah-produce - because otherwise, they would have been stolen, and 'One cannot betroth a woman with stolen goods'.
(e)The reason that he then sees fit to add that they belonged to the women is - to teach us that this principle applies even if he stole the goods from the woman herself, the Kidushin is not valid (and we do not assume that, since she accepted it, she was Mochel).
12)
(a)What does the Mishnah rule in the current case?
(b)On what condition will the other women not be betrothed either?
(c)And on what condition will one of two sisters be betrothed?
(d)What in fact, is the Halachah in such a case?
12)
(a)In the current case, the Mishnah rules that - the three women who are not sisters are betrothed, but not the sisters (See previous Mishnah).
(b)The other women will not be betrothed either - if the man added the word 'Kulchem' (See Tos. Yom-Tov DH 'Harei Kulchem ... '.
(c)Even one of two sisters will be betrothed however - if he stipulates 'Achas Mikem' ...
(d)... in which case both sisters will require a Get (See Tos. Yom-Tov).
13)
(a)We learned earlier that had the figs been stolen, none of the women would have been betrothed. How must the Mishnah be speaking? On what condition would they be betrothed even though the goods were stolen?
(b)What else do we learn from the fact that ...
1. ... the man betrothed the women with Sh'mitah-produce?
2. ... one of the women themselves acted as a Shali'ach on behalf of the others?
(c)Why might we have thought otherwise?
13)
(a)We learned earlier that had the figs been stolen, none of the women would have been betrothed. The Mishnah must be speaking - before Yi'ush (before the owner has expressly despaired of getting the figs back). Otherwise, they would be betrothed even though the goods were stolen.
(b)We also learn from the fact that ...
1. ... the man betrothed the women with Sh'mitah-produce that - Sh'mitah-produce belongs to the person who collects it (it does not remain Hefker).
2. ... one of the women themselves acted as a Shali'ach on behalf of the others - that a woman can even be a Shali'ach on behalf of a woman to whom she now becomes a Tzarah.
(c)Otherwise, we might have thought that - just as she is not believed to testify on behalf of another Tzarah, so too can she not serve as her Shali'ach.
14)
(a)Finally what will be the Din in a case where a man says to a woman and either her daughter or her sister ...
1. ... 'One of you is Mekudeshes', and either one of them accepts the Kidushin on behalf of that (unspecified) one or they both accept it together?
2. ... 'Whichever one of you is permitted to me is betrothed'?
(b)Why is that?
14)
(a)Finally, in a case where a man says to a woman and either her daughter or her sister ...
1. ... 'One of you is Mekudeshes and either one of them accepts the Kidushin on behalf of that (unspecified) one or they both accept it together - they are Mekudashos mi'Safek, and both of them require a Get.
2. ... 'Whichever one of you is permitted to me is betrothed' - the Kidushin is invalid ...
(b)... because each of them is a Safek Achos Ishto, and neither of them is permitted to him.
Mishnah 8
15)
(a)What does the Mishnah say about a Kohen being Mekadesh a woman with his portion of ...
1. ... Kodshei Kodshim?
2. ... Kodshim Kalim?
(b)Why is that?
(c)How do we learn it from the Pasuk in Korach "ve'Zeh Yih'yeh l'cha mi'Kodesh ha'Kodashim min ha'Eish"?
15)
(a)The Mishnah rules that if a Kohen is Mekadesh a woman with his portion of ...
1. ... Kodshei Kodshim or with ...
2. ... Kodshim Kalim - the Kidushin is not valid (See Tos. Yom-Tov) ...
(b)... because the Kohanim 'eat from the table of Hashem' (the portions that they receive do not belong to them).
(c)We learn it from the Pasuk in Korach "ve'Zeh Yih'yeh l'cha mi'Kodesh ha'Kodashim min ha'Eish" in that - just as fire is only used as a means to eat (See Tos. Yom-Tov0, so too, is the portion of the Kohanim meant to be eaten (exclusively).
16)
(a)What does Rebbi Meir say about somebody being Mekadesh a woman with his Ma'aser-Sheini?
(b)How does he learn it from the Pasuk in Bechukosai "ve'Chol Ma'asar ha'Aretz ..."? How does the Pasuk end?
(c)Rebbi Yehudah disagrees. On what condition is the woman betrothed with Ma'aser Sheini?
(d)Why is that?
16)
(a)Similarly, Rebbi Meir rules that somebody who is Mekadesh a woman with his Ma'aser-Sheini - the Kidushin is not valid.
(b)He learns it from the Pasuk in Bechukosai "ve'Chol Ma'asar ha'Aretz ...", which ends "la'Hashem Hu" (See Tos. Yom-Tov).
(c)According to Rebbi Yehudah, the woman is betrothed with Ma'aser Sheini - provided the man is aware that it is Ma'aser Sheini (be'Meizid) ...
(d)... because, by doing so, he redeems it.
17)
(a)Rebbi Meir holds by Hekdesh like Rebbi Yehudah holds by Ma'aser Sheini. What sort of Hekdesh is the Mishnah referring to?
(b)If his reason by Meizid is equivalent to that of Rebbi Yehudah by Ma'aser Sheini (as we explained), on what grounds does he hold (by Hekdesh and Rebbi Yehudah by Ma'aser Sheini) that she is not Mekudeshes be'Shogeg?
(c)What does Rebbi Yehudah say with regards to Hekdesh?
(d)Like whom is the Halachah regarding ...
1. ... Ma'aser Sheini?
2. ... Hekdesh?
17)
(a)Rebbi Meir holds by Hekdesh - Bedek ha'Bayis like Rebbi Yehudah holds by Ma'aser Sheini (See Tos. Yom-Tov.
(b)His reason by Meizid is equivalent to that of Rebbi Yehudah by Ma'aser Sheini (as we explained), be'Shogeg he holds (like Rebbi Yehudah by Ma'aser Sheini) that she is not Mekudeshes - because, had he realized that it was Hekdesh/Ma'aser Sheini, he would not have used it to be Mekadesh the woman (See also Tos. Yom-Tov).
(c)With regards to Hekdesh, Rebbi Yehudah says - the exact opposite (be'Shogeg Kidesh, be'Meizid Lo Kidesh').
(d)The Halachah regarding ...
1. ... Ma'aser Sheini is - like Rebbi Meir; regarding ...
2. ... Hekdesh - like Rebbi Yehudah.
Mishnah 9
18)
(a)The Mishnah now presents a list that begins with someone who is Mekadesh with Orlah, K'lai ha'Kerem, Shor ha'Niskal, Eglah Arufah and Tziprei Metzora (See Tos. Yom-Tov). What do these and the subsequent cases on the list have in common?
(b)To what exactly, does 'Tziprei Metzora' refer?
(c)When does ...
1. ... it become Asur be'Hana'ah?
2. ... the Eglah Arufah become Asur be'Hana'ah?
(d)What does the Tana rule in all the cases listed in the Mishnah?
18)
(a)The Mishnah now presents a list that begins with someone who is Mekadesh with Orlah, K'lai ha'Kerem, Shor ha'Niskal, Eglah Arufah and Tziprei Metzora (See Tos. Yom-Tov). What these and the subsequent cases on the list have in common is that - they are all Isurei Hana'ah.
(b)'Tziprei Metzora' refers exclusively - to the bird that is Shechted ...
(c)... which becomes ...
1. ... Asur be'Hana'ah - as soon as it has been Shechted (See Tos. Yom-Tov), and ...
2. ... the Eglah Arufah - as soon as its neck has been cut.
(d)The Tana rules in all the cases listed in the Mishnah that - the Kidushin is not valid.
19)
(a)The next three items are the (shaven) hair of a Nazir, a Peter Chamor and Basar be'Chalav. What is the final item on the list?
(b)What if one sells any of these items and uses the proceeds to betroth a woman?
(c)To which two cases (not listed in the Mishnah) will this latter ruling not apply?
(d)What do we learn from the Pasuk in ...
1. ... Va'eschanan (in connection with Avodah-Zarah) "Vehayisa Cherem Kamohu"?
2. ... in B'har (in connection with Sh'mitah-produce) "Kodesh hi"?
(e)What do we now learn from these two rulings regarding all the cases in our Mishnah?
19)
(a)The next three items are the (shaven) hair of a Nazir, a Peter Chamor and Basar be'Chalav, and the final item on the list is - Chulin she'Nishchatu ba'Azarah.
(b)If one sells any of these items and uses the proceeds to betroth a woman - the Kidushin is valid (See Tos. Yom-Tov DH 'Machran ... ' [1]) ...
(c)... with the exception of Avodah-Zarah and Shevi'is (which are not listed in the Mishnah).
(d)We learn from the Pasuk in ...
1. ... Va'eschanan (in connection with Avodah-Zarah) "Vehayisa Cherem Kamohu" - that any by-product (including the proceeds of a sale) remain forbidden like the Avodah-Zarah itself, and from the Pasuk ...
2. ... in B'har (in connection with Sh'mitah-produce) "Kodesh hi" - that the same applies to Sh'mitah-produce.
(e)We now learn from these two rulings (which fall under the heading of 'Sh'nei Kesuvim ha'Ba'im ke'Echad' [See Tos. Yom-Tov DH 'Machran ... ' [2]) that - the proceeds of a sale regarding all the cases in our Mishnah are Mutar be'Hana'ah.
Mishnah 10
20)
(a)What does the Tana say about someone who betroths a woman with T'rumos, Ma'asros and Matanos?
(b)Why does he say ...
1. ... 'T'rumos' (in the plural)?
2. ... 'Ma'asros'?
(c)What does 'Matanos' refer to?
20)
(a)The Tana rules that if someone betroths a woman with T'rumos, Ma'asros and Matanos - the Kidushin is valid (See Tos. Yom-Tov).
(b)He says ...
1. ... 'T'rumos' (in the plural) - because it incorporates both T'rumah Gedolah and T'rumas Ma'aser, and ...
2. ... 'Ma'asros' - because it incorporates both Ma'aser Rishon and Ma'aser Sheini.
(c)'Matanos' refers to - the Zero'a, Lechayayim and Keivah of every Shechted Chulin animal.
21)
(a)What does the Mishnah add to the list besides Mei Chatas (the water to be used with the ashes of the Parah Adumah [See Tiferes Yisrael])?
(b)Of what use are these to the man (or to the woman)? Why are they worth a P'rutah?
21)
(a)Besides Mei Chatas (the water to be used with the ashes of the Parah Adumah, the Mishnah adds to the list - Eifer Parah (See Tos. Yom-Tov) ...
(b)... which are worth a P'rutah - since they can be sold to a Tamei person who needs them, who pays for filling the water from the spring and for bringing it or the ashes to him (See Tos. Yom-Tov).
22)
(a)What does the Mishnah mean when it concludes 'even a Yisrael'?
(b)Of what use are T'rumos and Matanos to a Yisrael?
(c)What will be the Din if the Yisrael inherited Tevel?
(d)Why is that?
(e)On which principle is this ruling based?
22)
(a)When the Mishnah concludes 'even a Yisrael', it means that - even if a Yisrael inherits the T'rumos or the Matanos from his maternal family (See Tos. Yom-Tov), he is permitted to betroth a woman with them ...
(b)... since he is permitted to sell it to a Kohen.
(c)The same will apply even if the Yisrael inherited Tevel ...
(d)... which he is permitted to sell - because, since the original owner (the Kohen could have separated the T'rumos and Ma'asros, which would then have been his, so can the purchaser. This in turn, is ...
(e)... based on the principle - 'Matanos she'Lo Hurmu ke'Mi she'Hurmu Damu' (Although the Matanos [T'rumos etc.] have not yet been separated, it is considered as if they have').
