REVIEW QUESTIONS ON GEMARA AND RASHI
prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem
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Kidushin 44
KIDUSHIN 44 - dedicated by Rav Mordechai Rabin (London/Har Nof), on
the day of the Yahrzeit of his mother (28 Sivan).
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1)
(a) We amend Rebbi Yossi b'Rebbi Chanina, who now attributes Rebbi
Yochanan's reason (that the Rabbanan concede that the Na'arah may not
receive her own Kidushin) to the fact that Kidushin requires Da'as, unlike a
Get, which a husband may give against her will (so it makes no difference
who receives it). What is again the problem with this from Ma'amar?
(b) We therefore establish the case of Ma'amar (which she may also receive)
like Rebbi. What does Rebbi say there?
(c) What do the Chachamim hold?
2)
(a) Rebbi learns Ma'amar Ba'al -Korchah from the Bi'ah of a Yevamah (which
may also be performed Ba'al Korchah). What is the Rabbanan's source?
(b) What is the source of their Machlokes? Why does ...
- ... Rebbi decline to learn like the Rabbanan?
- ... the Rabbanan not learn like Rebbi?
(c) What does the Mishnah about Ma'amar say in conclusion about Kidushin?
(d) Why is this not a proof for Rebbi Yochanan (in whose opinion the
Rabbanan argue with Rebbi Yehudah [about two Yados] by Gitin, but not by
Kidushin)? How will Resh Lakish (who maintains that the Rabbanan argue by
Kidushin too) establish the Mishnah?
3)
(a) If the author of this Mishnah is Rebbi Yehudah, why does he say 'Mah
she'Ein Kein be'Kidushin' (rather than 'Mah she'Ein Kein be'Gerushin')?
(b) On what grounds does Rebbi Yehudah differentiate between Gerushin and
Ma'amar (seeing as both are Ba'al Korchah)?
(c) How do we use this distinction to reestablish Rebbi Yossi b'Rebbi
Chanina's explanation in Rebbi Yochanan (distinguishing between Kidushin
which takes her out of her father's domain, and Gerushin, which brings her
in)?
4)
(a) What can we extrapolate from our Mishnah '*ha'Ish* Mekadesh es Bito
ke'she'Hi Na'arah, Bo u'vi'Shelucho'?
(b) How do we initially establish the Mishnah, to reconcile it with Resh
Lakish?
(c) The Seifa of our Mishnah (later in the Perek) states 'ha'Omer le'Ishah
Hiskadshi Li bi'Temarah Zu, Hiskadshi Li be'Zu Im Yesh be'Achas Meihen
Shaveh Perutah, Mekudeshes'. Why must the author of the Mishnah be Rebbi
Shimon? What does he say in a case where someone responds to five people who
claim an article that they deposited with him with 'Shevu'ah she'Ein Lecha
be'Yadi Lo Lecha, ve'Lo Lecha'?
5)
(a) Rebbi Meir says in a Beraisa 'Zeh ha'K'lal; K'lal, Eino Chayav Ela
Achas; P'rat, Chayav al Kol Achas ve'Achas'. What does Rebbi Yehudah say
in a case of 'Shevu'ah Lo Lecha, Lo Lecha, Lo Lecha?
(b) What would he have to have responded to be Chayav a Shevu'ah to each
one, according to Rebbi Elazar?
(c) How does Rebbi Yehudah's opinion here affect our proposal to establish
our Mishnah ('*ha'Ish* Mekadesh Bo u'vi'Shelucho') like Rebbi Yehudah?
(d) Then how will Resh Lakish establish our Mishnah to avoid being faced
with a discrepancy between our Mishnah and the Rabbanan?
6)
(a) What did Rebbi Zeira reply, when Rebbi Asi, who had not been to the
Beis-ha'Medrash the previous day, asked him what they had learned there?
(b) Which ruling had been issued according to Rebbi Avin? How had Resh
Lakish reacted to the ruling?
(c) What did Rebbi Zeira reply when Rebbi Asi queried Rebbi Avin's
reliability? What did he mean when he said 'ke'Min Yama le'Tigni?
(d) Rav Nachman bar Yitzchak said that he did not know whether the Rebbi
Avin was Rebbi Avin bar Chiya or Rebbi Avin bar Kahana (because he had been
quoted 'Rebbi Avin' Stam). What difference does it make which Rebbi Avin
it was?
Answers to questions
44b---------------------------------------44b
7)
(a) Rava asked Rav Nachman whether a Na'arah can appoint a Shelia'ch to
receive her Get from her husband. What are the two sides of the She'eilah?
(b) What did Rava say about a case where a husband placed a Get into the
hands of his wife's Eved whilst he was asleep and his wife was guarding him?
(c) Why would she not be divorced if he did so whilst the Eved was awake?
What do we prove from the first of these two Halachos?
(d) How do we subsequently amend the She'eilah?
8)
(a) What is the outcome of Rava's She'eilah? How did Rav Nachman resolve it?
(b) How does Rav Nachman then establish the Beraisa 'Ketanah she'Amrah
Hiskabel Li Giti Eino Get ad she'Higi'a Get le'Yadah', implying that in the
case of a Na'arah, it would be a Get?
(c) What does the Seifa of the Beraisa rule in a case where the Ketanah's
father appointed a Sheli'ach le'Kabalah? Is the father permitted to retract
once the Sheli'ach has the Get in his hands?
(d) Then how can Rav Nachman establish the Reisha when there is no father?
9)
(a) What did Karna find strange about Shmuel's statement 'Ketanah
she'Niskadshah she'Lo le'Da'as Avihah, Tzerichah Get u'Tzerichah Miy'un'?
(b) Why did they send Shmuel's statement to Mar Ukva in Kafri (rather than
ask Shmuel in Neherda'a whether he had really said such a thing)?
(c) What did Mar Ukva subsequently do? Why did he change the case?
(d) How did Rav react when he received this version of the Machlokes between
Shmuel and Karna?
10)
(a) How does Rav Acha B'rei de'Rav Ika explain Shmuel's statement. Why
should the Ketanah require both a Get and Miy'un?
(b) How does Rav Nachman qualify this Din? When would neither a Get nor
Miy'un be required?
11)
(a) Ula disagrees with Rav and Shmuel. What does he say?
(b) How do we answer the Kashya 'Af-al-Gav de'Shidchu?'
(c) What does Ula say in the second Lashon? In what point does the second
Lashon differ from the first?
12)
(a) The Mishnah in Yevamos (with re. to Tzaros Ervah) states 've'Chulan Im
Meisu, O Miy'anu O Nisgarshu O she'Nimtze'u Aylonis, Tzaroseihen Mutaros'.
Why can the Tana not be speaking when the father (to whom the Tzarah now
falls) betrothed his daughter to his brother?
(b) Then who betrothed her?
(c) How will Ula, in whose opinion a girl who betroths herself does not even
require Miy'un, then explain the Mishnah?
(d) Seeing as she is after all, a Ketanah, why did the Rabbanan give the
right to a Yesomah be'Chayei ha'Av to betroth herself?
Answers to questions
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