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Kidushin Chart #7
Kidushin Daf 28a
THE MEANING OF THE MISHNAH
("KOL HA'NA'ASEH DAMIM")
("KEITZAD? HICHLIF SHOR...")
||HAVAH AMINA OF THE GEMARA
(that holds like Rav Sheshes)
||The meat of a Shor(2)
||"KOL HA'NISHOM DAMIM" -
|| Any item,
other than money
||RI AND RISHONIM
|| Any item,
other than money and Peros
| a Shor(4)
|| Any item
(an equal exchange)
| a Shor
(an equal exchange)(5)
||THE EXPLANATION OF THE MISHNAH ACCORDING TO RAV NACHMAN
(who holds like Rebbi Yochanan)
|Money that he already owes to the seller(7)
|Money that he already owes for the Shor
(1) The Havah Amina holds that "Matbe'a Na'aseh Chalipin" -- money
(currency) can be used to make a Kinyan Chalipin.
(2) Meat, like any other food, is considered "Peros" with regard to
Chalipin. This explanation of the Mishnah is therefore in accordance with
Rebbi Sheshes, who argues with Rav Nachman and holds that Peros *can* be
used to make a Kinyan Chalipin.
(3) According to Rashi, a live Parah is also in the category of "Peros."
Accordingly, this explanation of the Gemara, too, is following the opinion
of Rav Sheshes. (See Rashi DH u'Peiri Nami, and DH Matbe'a Lo Kani.) When
Rashi (DH Basar Shor) writes that a live Shor is considered "like a
utensil," his intention is that a live Shor is *more similar* to a utensil
than the meat of a Shor is, but nevertheless it is not a utensil and cannot
make a Kinyan Chalipin according to Rav Nachman.
(4) According to Tosfos, a live Parah is not in the category of Peros, but
rather it is like a utensil, and it can make a Kinyan Chalipin even
according to Rav Nachman. Hence, the Mishnah may be interpreted in this
manner even according to Rav Nachman.
(5) According to Rabeinu Tam, exchanges of objects of equal value do not
have the normal limitations of Kinyan Chalipin. They can be done with money
(Matbe'a), Peros, and anything else that has monetary value. The Kinyan
Chalipin which is limited to Kelim, and not Peros etc., is a Kinyan Chalipin
performed with a symbolic item of lesser value than the item being acquired.
This type of Chalipin is referred to as a Kinyan Sudar. (The Sudar is
usually a piece of cloth or item of clothing with minimal value, and it is
usually returned to its original owner after its symbolic act of exchange
has been performed.)
(6) This opinion is cited by the Rashba, who explains it clearly; see there.
(7) So writes Rashi (DH Hachi Ka'amar). The Tosfos ha'Rosh writes that here,
too, the Reisha of the Mishnah can be referring to an actual Kinyan Chalipin
and it holds that "Matbe'a Na'aseh Chalipin."
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