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Prepared by Rabbi P. Feldman of Kollel Iyun Hadaf, Yerushalayim Rosh Kollel: Rabbi Mordecai Kornfeld
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Kidushin 4
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.
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1) WHAT IS LEARNED FROM THE VERSE?
(a) Question: But we need "She goes out for free, there is no
money" for a different teaching!
1. (Beraisa): "She goes out for free" - this teaches
that she goes free when she becomes a Bogeres;
"there is no money" - this teaches, she goes free
when she becomes a Na'arah.
(b) Answer (Ravina): If the verse only came to teach 1 thing,
it would say "An (there is no) money"; rather, it said
"Ein money", to teach both teachings.
(c) Question: How do we know that we can expound the Yud
(i.e. that it says Ein, not An)?
(d) Answer (Beraisa): (A Bas Kohen that was married to a
Yisrael and was widowed) "And she Ein (has no) children"
- one might have thought, only children from a Yisrael
prevent her from returning to eat Terumah - "(The word
Ein may be read as) Ayin (investigate) her" (even
grandchildren prevent her);
1. One might have thought, only legitimate children
from a Yisrael prevent her from returning to eat
Terumah - "Ayin (investigate) her" (even Mamzerim
prevent her).
2. Question: But we expounded this to teach that
grandchildren prevent her!
3. Answer: Really, a verse is not needed for
grandchildren, for grandchildren are as children;
the verse is only needed for Mamzerim.
(e) Question: What is the Tana's source to expound the Yud
thusly?
(f) Answer: We see, sometimes the Torah omits the Yud -
"Me'en (refused, written without a Yud) Bilam"; "Me'en
(refused, written without a Yud) my Yavam to marry me".
1. Since here there is a Yud, we expound it.
(g) The Torah had to teach that her father keeps her
engagement money, and also her earnings.
1. If it only taught that he keeps the engagement money
- this is because she did not work to get the money;
i. But one would think she keeps her own earnings,
for which she toiled;
2. If it only taught that he keeps her earnings - this
is because he continuously feeds her (and expects
frequent compensation);
i. But one would think she keeps her engagement
money, for her father does not think about this
when feeding her.
2) GOING FREE AT NA'ARUS
(a) (Beraisa): "She goes out for free" - this teaches that
she goes free when she becomes a Bogeres; "there is no
money" - this teaches, she goes free when she becomes a
Na'arah.
(b) Question: If the Torah says that she goes free upon
becoming a Na'arah, it need not say that she goes free
when she becomes a Bogeres!
(c) Answer #1 (Rabah): The 2 phrases are needed, just as in
the following case.
1. (Beraisa): "Toshav (a resident - even if by a Kohen,
he may not eat Terumah)" - this refers to a
(Yisrael) slave (whose ear was bored through) that
serves forever (until Yovel); "Sachir (a hired hand,
he may not eat Terumah)" - this refers to a
(Yisrael) slave that serves for 6 years.
2. Question: If the Torah says that a permanent slave
does not eat Terumah, it need not say that a
temporary slave does not!
3. Answer: Had the Torah only said that a Toshav does
not eat, one would have thought, this refers to a
temporary slave, but a permanent slave (of a Kohen)
eats Terumah!
i. By also writing "Sachir", we learn that
"Toshav" refers to a permanent slave.
(d) Objection (Abaye): That case is different! Had the Torah
only written "Toshav", we would say that a slave whose
ear was bored does not eat; it also wrote that a Sachir
(6-year) slave does not eat, even though this could have
been learned from a Kal va'Chomer;
1. Here, there is only 1 person - if she leaves at
Na'arus, she is not by the master at Bagrus!
(e) Answer #2 (Abaye): The phrase "There is no money" is
needed to teach that an Ailonis goes free at Bagrus.
1. One might have thought, a (regular) girl goes free
at Na'arus, but not (an Ailonis) at Bagrus - we
hear, this is not so.
(f) Objection (Mar bar Rav Ashi): A Kal va'Chomer teaches
that an Ailonis goes free at Bagrus!
1. When a girl becomes a Na'arah, she does not leave
her father's jurisdiction, but she leaves her master
- becoming a Bogeres, which takes her from her
father's jurisdiction, all the more so it frees her
from her master!
(g) Answer #3 (Mar bar Rav Ashi): The phrase is needed to
teach that the sale of an Ailonis is valid.
1. One might have thought, only a girl that can go free
through signs of Na'arus can be sold - we hear, this
is not so.
4b---------------------------------------4b
(h) Question: Doesn't Mar bar Rav Ashi agree that the Torah
sometimes teaches a law that could have been derived from
a Kal va'Chomer?
(i) Answer: We only say that when we cannot derive a
different law; if we can derive a different law, we do
so.
3) WHAT MAKES ENGAGEMENT
(a) (Beraisa): "When a man will take (engage) a woman and
have relations with her" - he takes her with money;
1. We see that acquisition with money is called taking
- "I gave the money for the field, take it from me".
(b) We should be able to learn this from a Kal va'Chomer: a
female (Yisrael) slave cannot be acquired through
relations, but she can be acquired through money; a woman
can be engaged through relations - all the more so, she
can be engaged through money!
(c) Objection: A Yevamah disproves the Kal va'Chomer, for she
can be acquired with relations, but not through money!
(d) Answer: A woman can be engaged through a document, unlike
a Yevamah - likewise, we can say that a woman can be
engaged through money, unlike a Yevamah.
1. "When a man will take a wife" teaches that she may
be engaged through money.
(e) Question: We defended the Kal va'Chomer, why must we
learn from the verse?
(f) Answer (Rav Ashi): Because one can uproot the Kal
va'Chomer from its source.
1. We learned that if a slave can be acquired through
money, all the more so money makes engagement - but
we can say that money acquires a slave because a
slave goes free through money! (But money cannot end
engagement)
i. Therefore, a verse was needed.
(g) The Torah had to write both "She goes out for free" and
"When a man will take a wife".
1. If only the latter verse was written - one might
have thought, she keeps the engagement money;
therefore, we need "She goes out for free".
2. If it only said "She goes out for free", one might
have thought that if a woman gives a man money and
engages him, it works - therefore, we need "When a
man will take a wife".
(h) "And he has relations with her" - this teaches that a
woman can be engaged through relations.
(i) We should be able to learn this from a Kal va'Chomer: a
Yevamah cannot be acquired through money, but she can be
acquired through relations; a woman can be engaged
through money - all the more so, she can be engaged
through relations!
(j) Objection: A (Yisrael) slave disproves the Kal va'Chomer,
for she can be acquired with money, but not through
relations!
(k) Answer: That does not disprove the Kal va'Chomer - a
slave cannot be acquired through relations because she is
not acquired for the sake of marriage, but a wife is
engaged for the sake of marriage!
1. "And he has relations with her" (teaches that she
may be engaged through relations).
(l) Question: We defended the Kal va'Chomer, why must we
learn from the verse?
(m) Answer (Rav Ashi): Because one can uproot the Kal
va'Chomer from its source.
1. We learned from acquisition of a Yevamah - but
relations alone do not acquire a Yevamah, she is
already partially acquired from the engagement of
the deceased brother! (So we cannot learn to
engagement, where the woman is not already partially
acquired.)
2. Therefore, we must learn from the verse.
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