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REVIEW QUESTIONS ON GEMARA AND RASHI

prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Kidushin 42

KIDUSHIN 41-42 - Ari Kornfeld has generously sponsored the Dafyomi publications for these Dafim for the benefit of Klal Yisrael.

1)

(a) As already explained, Rebbi Yehoshua ben Korchah learns from "Kol Kehal Adas Yisrael" that one can appoint a Sheli'ach for Kodshim.
What does Rebbi Yonasan learn from ...
  1. ... this Pasuk? What is the Chidush?
  2. ... the Pasuk there "ve'Yikchu Lahem Ish Seh le'Veis Avos Seh la'Bayis"?
(b) In any event, why can he not learn Shelichus from the first Pasuk?

(c) In that case, how can he derive it from the second Pasuk, seeing as they are all partners there too?

2)
(a) What problem do we have with the previous Limud from Rebbi Yitzchak, who says that a man can acquire on behalf of others, but not a Katan?

(b) We conclude that the source of Rebbi Yitzchak's Din is the Pasuk there "Ish L'fi Ochlo".
What problem do we have with that? What else might we learn from there?

(c) How do we resolve this difficulty?

3)
(a) Rav Gidal Amar Rav learns Shelichus from the Pasuk in Masei "va'Nasi Echad Nasi Ehad la'Mateh".
Why can he not ...
  1. ... mean literally Shelichus?
  2. ... alternatively be teaching the principle 'Zachin le'Adam she'Lo be'Fanav', like Rav Gidal Amar Rav says? What makes it 'she'Lo be'Fanav'?
(b) So ultimately, we amend the Limud from there to learn like Rava bar Rav Huna Amar Rav Gidal Amar Rav.
What does he say?
4)
(a) When minors come to divide their father's property, to ensure that they get a fair deal, Beis-Din appoint an agent for each heir, who serves the interest of his 'client'. Rav Nachman Amar Shmuel permits the children to revoke the agents' division when they grow up.
What does Rav Nachman himself say?

(b) The Tana Kama of the Mishnah in Kesuvos rules that if the Beis-Din erred in their assessment by a sixth, the subsequent sale of property is Batel.
What does Raban Shimon ben Gamliel say?

(c) How do we reconcile Rav Nachman there, who rules like the Chachamim, with his ruling here ('Im-Kein, Mah Ko'ach Beis-Din Yafeh')?

(d) If we are speaking when the Beis-Din did not err, then what does Shmuel m

Answers to questions

42b---------------------------------------42b

5)

(a) If the seller overcharges the purchaser by less than a sixth, the sale is valid, by more than a sixth, it is not.
What will be the Din if he overcharges him by exactly a sixth?

(b) What does (Rava Amar) Rav Nachman say about brothers who divide their deceased father's property?

(c) Rava qualifies all three Halachos.
When, in his opinion, is ...

  1. ... the sale invalid, even though the Ona'ah is less than a sixth?
  2. ... the sale valid, even though the Ona'ah is more than a sixth? How do we reconcile this with Rav Nachman, who ruled above like the Rabbanan?
  3. ... the sale fully valid (and he does not need to return the difference) even in a case of exactly one sixth?
(d) And when will the sale be invalid even by a sale of land?
6)
(a) In which three cases did Rabah say that Ona'ah invalidates even a sale of land?

(b) What is the reason for this?

7)
(a) What does the Tana of the Mishnah in Bava Kama rule with regard to someone who places a burning fire in the charge of ...
  1. ... a Chashu (Cheresh, Shoteh ve'Katan)?
  2. ... a Pike'ach?
(b) Why is the Pike'ach not considered the Sheli'ach of the owner of the fire, in which case, the owner is the one who ought to be Chayav?

(c) Why is that?

8)
(a) What is the Tana of the Mishnah in Me'ilah referring to, when he says 'Sheli'ach she'Lo Asah Shelichuso, Sheli'ach Ma'al'? What is the case?

(b) Who will be Mo'el assuming that the Sheli'ach did fulfill his Shelichus?

(c) Having just concluded 'Ein Sheli'ach li'D'var Aveirah' - why is the sender Mo'el and not the Sheli'ach?

(d) Why do we not then learn from Me'ilah that 'Yesh Sheli'ach li'D'var Aveirah'?

9)
(a) Beis Shamai learns from the Pasuk in Mishpatim (in connection with Shole'ach Yad) "Al Kol D'var Pesha" that a guardian is Chayav for merely intending to use the article or for saying that he will.
What do Beis Hillel learn from the Pasuk "Im Lo Shalach Yado bi'Meleches Re'eihu"?

(b) What do Beis Hillel learn from "Al Kol D'var Pesha"?

Answers to questions

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