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Prepared by Rabbi P. Feldman of Kollel Iyun Hadaf, Yerushalayim Rosh Kollel: Rabbi Mordecai Kornfeld
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Kidushin 47
KIDUSHIN 46-47 - Ari Kornfeld has generously sponsored the Dafyomi
publications for these Dafim for the benefit of Klal Yisrael.
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1) MUTIPLE ACTS OF KIDUSHIN
(a) (Rava): (The Mishnah says that if she was eating them,
she is Mekudeshes only if 1 was worth a Perutah by
itself) - this is only if he said '(Be Mekudeshes to me)
with this, and with this, and with this';
1. If he said 'With these', even if she was eating
them, she is Mekudeshes as long as the sum value is
at least a Perutah.
(b) Support (Beraisa): 'Be Mekudeshes to me with an acorn,
with a pomegranate, and with a nut', or he said 'Be
Mekudeshes to me with these' - if the sum value is at
least a Perutah, she is Mekudeshes.
1. 'With this, and with this, and with this' - if the
sum value is at least a Perutah, she is Mekudeshes;
2. 'With this' - she took it and ate it; 'With this' -
she took it and ate it - 'And also with this, and
also with this' - she is Mekudeshes only if 1 was
worth a Perutah by itself.
3. Question: What is the case of 'with an acorn, with a
pomegranate, and with a nut'?
i. Suggestion: He said to her 'Or with an acorn,
or with a pomegranate, or with a nut'.
ii. Rejection: If so, she would be Mekudeshes only
if 1 is worth a Perutah by itself!
4. Answer #1: Rather, he said 'With an acorn and with a
pomegranate, and with a nut'.
5. Rejection: If so, that is the same case as 'With
this, and with this, and with this' (the Mishnah
would not teach both cases)!
6. Answer #2: Rather, he said 'With these'.
7. Question: But the second clause of the Beraisa
teaches 'With these' - implying, the first clause is
not this case!
8. Answer: The second clause explains the first.
i. 'Be Mekudeshes to me with an acorn, with a
pomegranate, with a nut' - that is, he said
'With these';
ii. The last clause of the Beraisa teaches 'if she
was eating them, she is Mekudeshes only if 1
was worth a Perutah by itself' - the first
clause (when he said 'with these') did not
distinguish between eating them and storing
them. (This is as Rava.)
(c) This fits the opinion that the last clause of the Mishnah
(when she was eating them) refers to the second clause
(when he said 'With this, and with this, and with this');
1. When the Mishnah says 'She is Mekudeshes only if 1
was worth a Perutah by itself' - this means, the
last one;
(d) Rav and Shmuel say that the last clause of the Mishnah
refers to the first clause (when he said 'Be Mekudeshes
to me with this, be Mekudeshes to me with this'); the
Mishnah teaches that even when she eats them, 1 must be
worth a Perutah;
(e) Question: How do they explain our Beraisa - every clause
in the Beraisa deals with 1 encompassing Kidushin (so why
must 1 be worth a Perutah by itself)?!
(f) Answer: The Beraisa is as Rebbi, who says that whether a
person says 'An olive's worth, an olive's worth' or 'An
olive's worth, and an olive's worth' these are separate
statements (regarding Pigul);
1. Likewise, whether a person says 'With this, with
this' or 'With this, and with this' these are
separate acts of Kidushin.
2) KIDUSHIN WITH A LOAN
(a) (Rav): A man was Mekadesh a woman with money he had lent
her - she is not Mekudeshes, for a loan is given to be
spent (and she already acquired the money as a loan, he
only pardons her debt, he does not give her anything
new).
(b) Suggestion: Tana'im argue regarding Rav's law.
1. (Beraisa): A man was Mekadesh a woman with a loan -
she is not Mekudeshes; some say, she is Mekudeshes.
2. Suggestion: The first Tana holds that a loan is
given to be spent, the first Tana says that it is
not.
3. Rejection (end of the Beraisa): All agree that this
acquires by a sale.
i. If a loan is given to be spent, how can it
acquire?!
(c) Rejection (Rav Huna): No, the Beraisa is when he said
that he is Mekadesh her with 100 Dinarim, and he only
gave 99.
1. Suggestion: The first Tana says that she is not
Mekudeshes, because she is too embarrassed to ask
for the last Dinar (so she does not agree to 99);
i. The latter Tana says that she is not ashamed to
ask for the last Dinar (so she accepts 99,
expecting to get the last 1 later).
(d) Suggestion: If so, Tana'im argue regarding R. Elazar's
law!
1. (R. Elazar): 'Be Mekudeshes to me with 100 Dinarim',
and he gave her 1 Dinar - she is Mekudeshes, he must
pay the rest.
(e) Rejection: No - Tana'im argue if she is ashamed to ask
for the last of 100 Dinarim, but all agree that she is
not ashamed when he owes 99 of the 100.
(f) Question (Beraisa): 'Be Mekudeshes to me with the deposit
I have by you' - she went and found that it was stolen or
lost. She is Mekudeshes only if a Perutah of it remained;
1. By a loan, she is Mekudeshes even if a Perutah does
not remain;
2. R. Shimon ben Elazar says, a loan has the same law
as a deposit.
47b---------------------------------------47b
i. The Tana'im only argued whether a Perutah must
remain from the loan - but all agree that she
is Mekudeshes through a loan!
3. (Rava): This Beraisa is erroneous - how can one
explain the case of a deposit?
i. Suggestion: If she accepted responsibility for
it (she owes him, since it was lost) - this is
just as when she owes him a loan!
ii. Suggestion: If she did not accept
responsibility - why does the end of the
Beraisa speak of a loan - it should say that
even by a deposit, she is sometimes Mekudeshes
(when she accepted responsibility), even when
nothing remained!
(g) Answer (Rava): One must correct the Beraisa to say 'by a
loan, she is not Mekudeshes even if a Perutah remains; R.
Shimon ben Elazar says, a loan is as a deposit.'
(h) Question: On what do they argue?
(i) Answer #1 (Rabanan): They argue whether the lender may
take back a loan before the borrower has spent any of it;
they similarly argue regarding who loses if the money is
lost before any was spent.
(j) (Rabah): No - all agree, the borrower pays if the money
is lost, even before any was spent;
1. When one borrows an object, he must return the same
object - if it is lost (even through Ones), he pays
for it;
2. When one borrows money, he need not return the same
coins - all the more so, if the coins are lost, he
must pay (since the coins lost do not belong to the
lender)!
(k) Answer #2 (Rabah): They (only) argue whether the lender
may take back a loan before the borrower has spent any of
it.
(l) Question: But Rav Huna taught, one who borrows an axe -
once he chops with it, he acquires it (to use it for the
promised time); before chopping, he has not acquired it;
1. Suggestion: The Tana'im argue regarding Rav Huna's
law!
(m) Answer: No - they only argue regarding money, for when
one borrows money, he need not return the same coins;
1. When one borrows an object, he must return the same
object, all agree that before using it, the lender
may retract.
3) KIDUSHIN THROUGH A DOCUMENT
(a) Suggestion: The following Tana'im argue whether a loan
can make Kidushin.
(b) (Beraisa - R. Meir): 'Be Mekudeshes to me through this
loan document'; or, he authorized her to collect a debt
others owed him - she is Mekudeshes;
1. Chachamim say, she is not Mekudeshes.
2. Question: What is the case of the loan document?
i. Suggestion: If it is for a loan that others owe
him - this is the next case, a debt owed to him
by others!
3. Answer: Rather, it is for a debt she owes him; they
argue whether one may Mekadesh a woman with money
she owes him.
(c) Rejection #1: Really, the document is for a loan that
others owe him; they argue both by a loan with a document
and an oral loan (i.e. on which no document was written).
(d) Question: Regarding a loan with a document, on what do
they argue?
(e) Answer #1: As Rebbi and Chachamim.
1. (Beraisa - Rebbi): One acquires a document when it
is handed to him; Chachamim say, he only acquires it
if the giver also writes a second document to
transfer ownership of the first document.
2. (The case is, the man gave the document to the
woman, without writing a second document;) R. Meir
holds as Rebbi, Chachamim are as Chachamim.
(f) Answer #2: R. Meir and his Chachamim (i.e. those that
argue on him) all hold as Rebbi; they argue regarding Rav
Papa's law.
1. (Rav Papa): One who sells a document, he must write
(or say) 'Acquire it, and all the liens it has'.
2. R. Meir does not hold as Rav Papa, Chachamim hold as
Rav Papa.
(g) Answer #3: R. Meir and his Chachamim all hold as Rav
Papa; they argue regarding Shmuel's law.
1. (Shmuel): A lender sold his loan document, and then
pardoned the borrower from paying the debt - the
debt is cancelled;
i. Even the lender's heir may cancel the debt.
ii. (The case is, he gave her a document on a loan
which he pardoned;) R. Meir does not hold as
Shmuel, Chachamim hold as Shmuel.
(h) Answer #4: R. Meir and his Chachamim all hold as Shmuel;
they argue regarding the psychology of women.
1. R. Meir holds that a woman sincerely accepts the
document - she is not worried that her husband will
pardon the debt and prevent her from collecting;
2. Chachamim holds that a woman is not satisfied with a
document - she is worried that her husband will
pardon the debt.
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