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Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld


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Kidushin 2

KIDUSHIN 2-4 - sponsored by a generous grant from an anonymous donor. Kollel Iyun Hadaf is indebted to him for his encouragement and support and prays that Hashem will repay him in kind.

1) METHODS OF ENGAGEMENT

(a) (Mishnah): A woman is acquired (engaged) in any of 3 ways, and acquires her independence (to marry someone else) through either of 2 ways;
1. She is acquired through money, a document, or marital relations;
2. Regarding money: Beis Shamai say, it must be (at least) a Dinar or something worth a Dinar; Beis Hillel say, it must be (at least) a Perutah or something worth a Perutah.
i. A Perutah is one eighth of an Italian Isar.
(b) A wife acquires her independence through a Get or death of her husband.
(c) A Yevamah is acquired through relations; she acquires her independence through Chalitzah or death of the Yavam.
(d) (Gemara) Question: Why does our Mishnah say a woman is acquired, and the Mishnah (42A) says that a man engages her?
(e) Answer: Because our Mishnah teaches that 1 of the methods is through money;
1. We learn that money works from a Gezeirah Shavah "Kichah-Kichah" from the purchase of Efron's field, and "Kichah" is called Kinyan (acquisition);
2b---------------------------------------2b

2. Alternatively, "Fields will be acquired through money" teaches that money is called an acquisition.
(f) Question: Why doesn't the Mishnah (42A) say that a man acquires?
(g) Answer: First, the Mishnah uses the language of the Torah; later, it uses the language of Chachamim.
1. Chachamim coined the language 'Kidushin', because engagement forbids a woman to all other men, just as Hekdesh is forbidden to all.
(h) Question: Why did our Tana say 'A woman is acquired', as opposed to 'A man acquires a woman'?
(i) Answer #1: Because the end of the Mishnah teaches 'She acquires her independence', the beginning also speaks from her perspective.
1. Question: We could have taught both from his perspective - 'A man acquires', 'A man gives'!
2. Answer: Because 1 case (where she acquires her independence) is when the man dies - he does not give, it is through the hands of Heaven.
(j) Answer #2: Had we said 'A man acquires', it would imply, against her will - therefore, we taught 'She is acquired', which connotes (only) willingly.
2) THE LANGUAGE OF THE MISHNAH
(a) Question: Why did the Mishnah say 'Shalosh' (the feminine form of 'three'), and not 'Sheloshah'?
(b) Answer: Because it teaches 3 Derachim (ways), and Derech is feminine, as we see in the verse "The Derech in which they will go".
(c) Question: (Mishnah): In 7 (masculine!) Derachim we check if there was an external cause for a man's emissions (which would mean that he does not become a Zav).
(d) Answer: The word 'Derech' is masculine, as in "In 1 Derech..."
(e) Contradiction: The verses contradict each other, and the Mishnayos contradict each other!
(f) Answer: 'Derech' adopts the gender of what it refers to.
1. "The Derech in which they will go" refers to Torah, which is feminine; "In 1 Derech..." speaks of war - war is generally waged by men.
2. Our Mishnah speaks from the woman's perspective, the Mishnah of the Zav is in the masculine, for we only check men, not women.
i. This is because a woman that sees blood (on certain days) becomes a Zavah even if there was an external cause.
(g) Question: Rather than teach Shalosh on account of Derachim, the Mishnah should teach Devarim (matters), and then it can say Sheloshah!
(h) Answer #1: We chose Derech, for 1 of the methods is relations, which is called Derech.
1. Question: But we do not see that money or a document are called Derech!
2. Answer: Still, we say 'Derech' by them because it is more appropriate by relations.
3. Question: We should not alter the language by 2 methods so it will be more fitting for 1 method!
4. Answer: Those 2 methods are just means to the purpose, which is relations.
(i) Answer #2: Our Mishnah is as R. Shimon, therefore it says Derachim.
1. (Beraisa - R. Shimon) Question: Why did the Torah said that a man takes a woman, and not vice-versa?
2. Answer (R. Shimon): Because it is the way of the man to purse the woman, not vice-versa;
i. Woman was taken (created) from man - it is natural that the one who lost an object, he looks for it.
(j) Question: Why did the Mishnah teach 'In 7 Derachim we check...' - it should say 'Devarim'!
(k) Answer: The Tana hints that it is the Derech (nature) of excessive eating and drinking to induce emissions.
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