KIDUSHIN 6-7 - sponsored by Asher and Etti Schoor of Lawrence, NY. May they be blessed with a year filled with the joy of the Torah and see their children continue to grow in Avodas Hashem.

1)

WHEN DOES ONE WHO GIVES A GIFT GET BENEFIT? [gift: benefit]

(a)

Gemara

1.

Question (Rava): If Leah told Reuven 'take this money, and I will be Mekudeshes to you,' what is the law?

2.

Answer (Mar Zutra): She is Mekudeshes if Reuven is an esteemed person. He gives her Hana'ah (pleasure) by accepting her gift. She is Makneh (transfers ownership of) herself through this Hana'ah.

3.

Berachos 59b: If one owns land, when rain comes he blesses ha'Tov veha'Metiv (Hash-m did good to him). If not, he blesses "we thank You for every drop...."

4.

Question (Beraisa #1): If one built a new house or bought new Kelim, he blesses Shehecheyanu.

5.

Answer: He blesses ha'Tov veha'Metiv only if he has a partner (who shares the benefit).

6.

Support (Beraisa #2): The rule is, if it is (only) his, he blesses Shehecheyanu. If it belongs to him and someone else, he blesses ha'Tov veha'Metiv.

7.

Question: Sometimes one says ha'Tov veha'Metiv even if he has no partner!

i.

(Beraisa #3): If a man was told that his wife gave birth to a boy, he blesses ha'Tov veha'Metiv (even though he has no partner)!

8.

Answer: There, also his wife is happy to have a boy.

9.

Question (Beraisa): If Reuven's father died and he will inherit him, first he blesses Dayan ha'Emes, then he blesses ha'Tov veha'Metiv.

10.

Answer: The case is, he has brothers who inherit with him.

(b)

Rishonim

1.

Rif (Berachos 43b): If one owns land in partnership, he blesses ha'Tov veha'Metiv (when rain comes).

2.

Rebuttal (Rosh Berachos 9:15): This is even if he owns land by himself, for the rain benefits his neighbors! One blesses ha'Tov veha'Metiv for an inheritance if brothers inherit with him. We did not distinguish; this is even if he (his father) orally divided the property (so each brother receives independently of the others).

3.

Rambam (Hilchos Berachos 10:7): If one heard that his father died... if he has brothers who also inherit him, he blesses (Dayan ha'Emes and) ha'Tov veha'Metiv. If he has no brothers, he blesses Shehecheyanu.

4.

Question (Tosfos Berachos 59b DH Rebbi): The Yerushalmi says that if one bought, he blesses Shehecheyanu. If he received a gift, he blesses ha'Tov veha'Metiv. When he wears it, he blesses Malbish Arumim. The Bavli says that one blesses ha'Tov veha'Metiv only when another benefits!

5.

Answer (Rosh 9:16): Also the giver benefits. If the recipient is an Oni, the giver merited the Mitzvah of Tzedakah. If the recipient is rich, the giver is happy that the recipient accepted it.

i.

Beis Yosef (OC 223 DH Yerushalmi): It seems that the Bavli did not need to teach this, for it is included in 'if the benefit applies to him and someone else, he blesses ha'Tov veha'Metiv.' This is why the Rif and Rambam did not (need to) bring this Yerushalmi. It seems that one blesses only ha'Tov veha'Metiv. However, Semak says that one blesses also Shehecheyanu.

ii.

Rebuttal (of Rosh, and Answer #2 - Gra 8): According to the Rosh, also the giver should bless! The Yerushalmi does not distinguish between whether or not there are others [when he received something for free]. For new [free] things, like finding something, a gift, the birth of a son, or inheritance, one blesses ha'Tov veha'Metiv in any case. If he bought, i.e. exchanged money for Kelim, he blesses Shehecheyanu [if only he benefits]. The one who asked 'sometimes one says ha'Tov veha'Metiv even if he has no partner!' held like this. [The bracketed words show how Dameshek Eliezer explains the Gra.]

iii.

Dameshek Eliezer: The Gemara challenged the one who answered (he blesses ha'Tov veha'Metiv only if he has a partner). It did not ask a contradiction between Beraisos #2 and #3! According to the Gra, the Beraisos are not contradictory. We could answer like the Yerushalmi! The Rif and Rambam omitted the Yerushalmi, for the Bavli argues.

iv.

Ran (Kidushin 3a DH vHani): An esteemed person does not normally take gifts. She would have paid a Perutah to someone to appease him to accept from her. She received this for free (when he accepted from her), and was Makneh herself.

(c)

Poskim

1.

Shulchan Aruch (EH 27:9): If Leah told Reuven 'take this money, and I will be Mekudeshes to you,' she is Mekudeshes if Reuven is esteemed. A Chacham must analyze what is considered esteemed.

2.

Shulchan Aruch (OC 223:5): If one bought Kelim that he and his household will use, he blesses ha'Tov veha'Metiv. If he received them for a gift, he blesses ha'Tov veha'Metiv, for it is good for him and the giver.

i.

Question (Magen Avraham 8): The Rosh said that if the recipient is rich, the giver is happy that he accepted it. There is Hana'ah (for Kidushin - EH 27:9) only if the recipient is esteemed! Many rich people eagerly take gifts. The giver did not benefit! We say similarly in Choshen Mishpat (190:6).

ii.

Yad Efrayim (DH Isa): The Beis Shmuel (27:24) connotes, unlike the Rashba, that Stam people are considered esteemed, The Prishah (EH 27:17) says that regarding money, ha'Motzi mi'Chavero Alav ha'Re'ayah. Regarding Berachos, Safek Berachos Lehakel. Perhaps we need not be so exacting. If the giver enjoys that the recipient accepted, he may bless.

iii.

Perach Shushan (1:12, cited by R. Akiva Eiger): Ginas Veradim (1:40) said that obviously, the giver and receiver bless Shehecheyanu. The Rosh said that the giver also benefits, i.e. the Mitzvah of Tzedakah, or is happy that the recipient accepted it. Clearly he holds that only the receiver blesses. Ha'Tov veha'Metiv means 'Who was good to me, and did good to others.' If also the giver blesses, he should have explained why the giver blesses, for his Berachah comes first! The Yerushalmi surely holds that only the recipient blesses, for it says that he blesses 'Malbish Arumim' when he wears it. Further, most Poskim rule unlike the Yerushalmi. Had the Beis Yosef seen those Poskim, he would not have ruled like the Yerushalmi.

iv.

Be'er Heitev (15): Perach Shushan (and Shirei Keneses ha'Gedolah) concluded that when people give clothing to orphans, the orphans bless Shehecheyanu, not ha'Tov veha'Metiv. Maharsh Algazi ruled that they also bless ha'Tov veha'Metiv. All agree that only the receiver blesses.

v.

Eshel Avraham (8): Eliyahu Rabah (9) says that if an Oni receives money and he is ashamed, he does not bless ha'Tov veha'Metiv. One who receives clothing blesses in any case.

OTHER D.A.F. RESOURCES
ON THIS DAF