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Rosh Kollel: Rabbi Mordecai Kornfeld


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Kidushin 11

KIDUSHIN 11 - Dedicated by an admirer of the work of the Dafyomi Advancement Forum, l'Iluy Nishmas Mrs. Gisela Turkel, Golda bas Reb Chaim Yitzchak Ozer, A"H.

1) CONCERN FOR BLEMISHES

(a) (Ravina): It was clear to Ben Bag Bag that mid'Oraisa, she eats; he had heard that R. Yehudah ben Beseirah permits her even mid'Rabanan - this was the dialogue:
1. Ben Bag Bag: Do you permit a Bas Yisrael engaged to a Kohen to eat, without concern lest she be found to have a blemish that would disqualify the engagement?
2. R. Yehudah ben Beseirah: Yes, from a Kal va'Chomer:
i. A Kana'anis slave acquired through relations does not eat Terumah, if he acquires her through money, she eats, we are not concerned for a blemish;
ii. If he acquires a Bas Yisrael through relations, she eats Terumah - all the more so, if he acquires her through money alone, she should eat, without concern for a blemish!
iii. However, Chachamim decreed that she does not eat until Chupah, because of Ula's concern (lest she share her Terumah with her siblings).
3. Ben Bag Bag argues, because blemishes do not apply to slaves.
i. A blemish on an exposed area cannot invalidate the sale - the buyer saw it and accepted it!
ii. He does not care about blemishes on covered parts - he bought the slave for work!
iii. If the slave is a thief or dice-player (Tosfos; Rashi - kidnapper) - the sale stands, it is known that most slaves are like that!
iv. If the slave is an armed robber, or was sentenced to be killed by the king - such things become known (Rashi - and the buyer surely knew and accepted this; Tosfos - such slaves are rarely bought, we would not decree for an uncommon case).
(b) Question: Whether we are concerned for a blemish, or for feeding Terumah to siblings, an engaged Bas Yisrael does not eat Terumah - what difference is there which is the reason?
(c) Answer #1: If the husband accepted the engagement even if she has blemishes (but we are concerned for feeding siblings);
(d) [Version #1 (Rashi) Answers #2 and 3: If the father sent her with messengers of the husband, or if the father's messengers accompanied her with messengers of the husband (there is only the concern for blemishes).]
(e) [Version #2 (Tosfos) Answer #2: If the father accompanied her with messengers of the husband (there is only the concern for blemishes).]
2) HOW MUCH MONEY IS NEEDED FOR ENGAGEMENT
(a) (Mishnah): Beis Shamai says, a Dinar...
(b) Question: What is Beis Shamai's reason?
(c) Answer #1 (R. Zeira): A woman does not agree to be engaged for less than this.
1. Objection (Abaye): If so, very rich girls that expect a fortune for engagement - if such a girl accepted a Dinar for engagement, would it be invalid?!
2. Answer (R. Zeira): I agree, if she accepts, she is engaged;
i. My law applies when he engaged her at night (so she couldn't see how much he gave) or if she made an agent to accept engagement (and she did not specify how much must be given).
(d) Answer #2 (Rav Yosef): Beis Shamai hold as Rav Yehudah, that whenever the Torah says "Kesef", it refers to coins of Tzuri (pure silver).
1. (Rashi - once we know that a Perutah (a copper coin, the smallest unit of currency) is not enough, a significant amount is required - this is a Dinar; Tosfos - the smallest Tzuri coin is a Dinar.)
3) THE KESEF OF THE TORAH
(a) (Rav Yehudah): Whenever the Torah says "Kesef", it refers to coins of Tzuri (pure silver); whenever Chachamim mentioned Kesef, they refer to standard coins (which are one eighth silver).
(b) Objection: This is not always true!
11b---------------------------------------11b

1. [Version #1 (Rashi) Question #1: Regarding the oath of one who admits to part of a claim, the Torah speaks of a claim of "Kesef or vessels",
i. (Mishnah): The oath only applies if the claim is at least 2 Mo'os, and the admission is at least a Perutah. (According to Rav Yehudah, a claim of 1 Mo'oh (the smallest silver coin of Tzuri) should suffice!)
2. Answer: The Torah equates Kesef to vessels; just as if the claim is vessels, it must be at least 2, also if the claim is Kesef;
i. Also - just as Kesef has importance, also the vessels must be important.]
3. [Version #2 (Tosfos) Question #1: Regarding the oath of one who admits to part of a claim, the Torah speaks of a claim of "Kesef or vessels",
i. (Mishnah): The oath only applies if the claim is at least 2 Mo'os, and the admission is at least a Perutah. (According to Rav Yehudah, we should require a claim of a Dinar!)
4. Answer: The Torah equates Kesef to vessels; just as if the claim is vessels, it must be at least 2, also if the claim is Kesef;
i. Also - just as vessels are important, also the Kesef referred to is (the smallest) important amount, and this is a Mo'oh.]
5. Question #2: The Torah says that Ma'aser Sheni may be redeemed on "ha'Kesef";
i. (Mishnah): One who wants to exchange his (copper Perutah's on which he redeemed) Ma'aser Sheni...
6. Answer: The extra letter Hai in "ha'Kesef" teaches that other coins are also valid for redemption.
7. Question #3: Regarding Hekdesh, it says "He will give ha'Kesef", "It will be established (redeemed) for him";
i. (Shmuel): If (even) an enormous value of Hekdesh was redeemed on a Perutah, the redemption is valid.
8. Answer: We learn from a Gezeirah Shavah "Kesef-Kesef" from Ma'aser Sheni.
9. Question #4: Regarding engagement, it says "When a man will take a woman", and we learn from a Gezeirah Shavah to the purchase of Efron's field that Kesef may be used;
i. Beis Hillel say that a Perutah can engage.
ii. (Summation of question): Does Rav Yehudah hold as Beis Shamai?!
(c) Answer: Rav Yehudah teaches as follows: Whenever the Torah specifies a quantity of "Kesef", it refers to coins of Tzuri (pure silver); whenever Chachamim mentioned Kesef, they refer to standard coins (which are one eighth silver).
(d) Question: We already know this from a Mishnah!
1. (Mishnah): The 5 Sela'im to redeem a firstborn, the 30 Shekalim paid for a slave gored by an animal, the 50 Shekels paid by an enticer or rapist, the 100 Shekels paid by one who falsely claims that his Kalah was not a virgin - all are in Shekel ha'Kodesh, 1 twenty-fifth of a Maneh Tzuri.
(e) Answer: Primarily, Rav Yehudah comes to teach the second clause.
1. A Mishnah says that one who blows (a shofar) in a person's ear (or strikes him near the ear) pays a Selah (without specifying); from Rav Yehudah, we know that this is a local Selah, half a Dinar.
4) ANOTHER EXPLANATION OF BEIS SHAMMAI
(a) Answer #3 (to question 2:b - Reish Lakish): Beis Shamai learn as Chizkiyah.
1. (Chizkiyah): "And she was redeemed" - this teaches that the redemption price of a Yisraelis slave is reduced (based on how long she has worked).
i. We understand, if she was bought for a Dinar, the redemption can be reduced until a Perutah.
ii. Question: If she was bought for a Perutah, the redemption cannot be reduced!
2. Question: Perhaps really she can be bought for a Perutah; the Torah says, when she is bought for more, the redemption can be reduced.
3. Rejection: This cannot be, for redemption is as Yi'ud (marrying the master or his son);
i. Just as if Reuven buys a Yisraelis slave with whom he cannot do Yi'ud, the sale is invalid - also if he buys her in a way that her redemption cannot be reduced (i.e. she was bought for a Perutah), the sale is invalid!
4. (Summation of answer): Beis Shamai learn engagement from a Yisraelis slave: just as a slave cannot be bought for a Perutah, also a wife.
5. Question: Engagement should be possible with a half Dinar, even with 2 Perutos!
6. Answer: Once we learn that a Perutah is not enough, it follows that the Torah wants an important amount.
(b) Answer #4 (Rava): Beis Shamai admit that a Perutah engages mid'Oraisa; mid'Rabanan, it was enacted that less than a Dinar does not work, in order that engagement should not appear as a light matter.
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