1)

(a)We learned in a Mishnah in Bikurim that an Esrog tree has the Din of a regular tree in three ways, two of them are Orlah and Neta Reva'i. What is the third?

(b)Which stage determines the years in all these areas of Halachah?

(c)In which regard is the Esrog tree compared to a vegetable? What are the ramifications of this Halachah?

1)

(a)We learned in a Mishnah in Bikurim that an Esrog tree has the Din of a regular tree in three ways, Orlah, Neta Reva'i and Shevi'is.

(b)The stage that determines the years in all these cases is their turning ripe.

(c)The Esrog tree is compared to a vegetable with regard to Ma'asros, inasmuch as, just like a vegetable, its year (regarding whether to separate Ma'aser Sheni in the first, second, fourth and fifth years of the six year cycle, or Ma'aser Ani in the third and sixth years) is determined by when it is picked.

2)

(a)Initially, we explain the Tana's use of 'Sheloshah Derachim' (rather than 'Devarim') to the fact that in the Seifa, he concludes 'u'le'Yerek b'Derech Echad'. Why, in the Seifa, did he prefer to use the term 'Derech' and not 'Davar'?

(b)What determines the year of Ma'aser regarding wheat and wine?

(c)Vegetables are determined by when they are picked, because 'Darkan Ligadel Al Kol Mayim', and wheat and wine, by the previous year, because 'Darkan Ligadel Al Rov Mayim'. What is the meaning of ...

1. ... 'Darkan Ligadel Al Kol Mayim'?

2. ... 'Darkan Ligadel Al Rov Mayim'?

(d)What is the source for the obligation to Ma'aser fruit-trees?

2)

(a)Initially, we explain the Tana's use of 'Sheloshah Derachim' (rather than 'Devarim') to the fact that in the Seifa, he concludes 'u'le'Yerek b'Derech Echad', where he chose the word 'Derech' (rather than 'Davar') because the Halachic comparison derives from the fact that an Esrog tree has the characteristic of vegetables inasmuch as it grows on 'all water' (which will be explained shortly).

(b)What determines the year of Ma'aser regarding wheat and wine is the year in which they grew to one third of their growth.

(c)Vegetables are determined by when they are picked, because ...

1. ... 'Darkan Ligadel Al Kol Mayim' (i.e. they need to be watered manually, even after the rain season has terminated) ...

2. ... and wheat and wine, by the previous year, because 'Darkan Ligadel Al Rov Mayim' (i.e. they grow on rain water alone).

(d)The obligation to Ma'aser fruit-trees is mid'Rabanan.

3)

(a)The Mishnah in Bikurim discusses the comparisons and differences between a Koy and other animals. What is a 'Koy'?

(b)In what way does a Koy have the Din of ...

1. ... a Chayah?

2. ... a Beheimah?

3. ... both a Beheimah and a Chayah?

4. ... neither?

(c)What problem does the Lashon of the Mishnah create with what we learned earlier to explain the Lashon 'Derachim'?

(d)We ask the same Kashya from the Mishnah in Gitin 'Zu Achas min ha'Derachim she'Shavu Gitei Nashim l'Shichrurei Avadim'. What is the Tana there referring to?

3)

(a)The Mishnah in Bikurim discusses the comparisons and differences between a Koy and other animals. A 'Koy' is an animal that is Safek Beheimah, Safek Chayah.

(b)A Koy is like ...

1. ... a Chayah inasmuch as it requires 'Kisuy ha'Dam' after Shechitah.

2. ... a Beheimah inasmuch as one is forbidden to eat its Chelev.

3. ... both a Beheimah and a Chayah inasmuch as it requires Shechitah.

4. ... neither inasmuch as it is forbidden to cross-breed with either.

(c)The problem the Lashon of this Mishnah creates with what we learned earlier to explain the Lashon 'Derachim' is why does the Tana use the Lashon 'Derachim' throughout.

(d)We ask the same Kashya from the Mishnah in Gitin 'Zu Achas min ha'Derachim she'Shavu Gitei Nashim l'Shichrurei Avadim'. The Tana there is comparing a Shtar Shichrur to a Get with regard to the obligation of a Shali'ach ha'Get to say 'be'Fanai Nichtav u've'Fanai Nichtam'.

4)

(a)Then what does finally determine the Tana's use of the word 'Derachim' as opposed to 'Devarim'?

(b)We prove this from Rebbi Eliezer in the Mishnah in Bikurim. What does Rebbi Eliezer say?

(c)What does the Tana then preclude (by virtue of the use of the word 'Derachim') with regard to ...

1. ... Kidushin? With what can one not acquire a woman?

2. ... Zav? Which Ones will not negate the Zivus?

3. ... Get? In which regard do we not compare a Shtar Shichrur to a Get?

(d)What is the basis for the distinction between Get and Shtar Shichrur in the previous case?

4)

(a)What does finally determine the Tana's use of the word 'Derachim' as opposed to 'Devarim' is the fact that there are diverse Halachos (things that apply to one but not to the other).

(b)We prove this from Rebbi Eliezer in the Mishnah in Bikurim who says 'Esrog Shaveh l'Ilan l'Chol Davar' (and not 'Derech' [because his opinion contains no diverse Halachos]).

(c)By virtue of the use of the word 'Derachim', with regard to ...

1. ... Kidushin the Tana precludes Chupah, which does not acquire.

2. ... Zav the Tana precludes any other Ones besides any of the seven listed (which will not negate the Zivus).

3. ... Get the Tana precludes a case where the man appointed a Shali'ach to give his Eved a Shtar, where he cannot retract, whereas in the equivalent case of Get, his wife is not divorced and he can retract.

(d)The basis for the distinction between Get and Shtar Shichrur in the previous case is the fact that whereas a Get is considered a liability (in which case we apply the principle 'Ein Chavin l'Adam she'Lo b'Fanav'), a Shtar Shichrur is a Zechus (a merit [in which case we hold 'Zachin l'Adam she'Lo b'Fanav']).

5)

(a)The number ('Sheloshah Derachim') in the Reisha of our Mishnah comes to preclude Chupah, as we just learned, though Rav Huna disagrees. What does Rav Huna say about Chupah?

(b)According to him, what does the number come to preclude?

(c)What is 'Chalipin'?

(d)Why would we otherwise have thought that one can acquire a woman with Chalipin?

5)

(a)The number ('Sheloshah Derachim') in the Reisha of our Mishnah comes to preclude Chupah, as we just learned, though Rav Huna disagrees, though this does not concur with the opinion of Rav Huna, who says that Chupah does acquire a woman.

(b)According to Rav Huna, the number in our Mishnah comes to preclude 'Chalipin' ...

(c)... another name for a Kinyan Sudar, where Reuven picks up an object belonging to Shimon (not necessarily to keep), and in exchange, Shimon acquires Reuven's object wherever it is.

(d)We would otherwise have thought that one can acquire a woman with Chalipin because as we already learned, we derive Kinyan Kesef by a woman from a 'Gezeirah-Shavah' from 'Sdei Efron (which will soon be clarified), and a field can be acquired with Chalipin (so a woman should be able to be acquired with Chalipin, too).

6)

(a)Why in fact, can a woman not be acquired with Chalipin?

(b)What if the object is worth a Perutah?

6)

(a)A woman cannot be acquired with Chalipin because, seeing as the object that is used for Chalipin need not be worth a Perutah, a woman will not give herself to a man under such circumstances because it is degrading (even if she says that she agrees and) ...

(b)... even if the object is in fact, worth a Perutah (see Ran).

3b----------------------------------------3b

7)

(a)What does the number in the Seifa ('ve'Konah Es Atzmah bi'Shtei Derachim') come to preclude? In which way can a woman not acquire herself?

(b)Why would we have thought that a woman can acquire herself with Chalitzah? From where would we have learned a 'Kal va'Chomer'?

(c)What do we learn from the Pasuk in Ki Setzei "v'Kasav Lah Sefer K'risus"?

7)

(a)The number in the Seifa ('ve'Konah Es Atzmah bi'Shtei Derachim') comes to preclude Chalitzah, via which a woman cannot acquire herself.

(b)We would otherwise have thought that a woman can acquire herself with Chalitzah from a 'Kal va'Chomer' from a Yevamah, who acquires herself with Chalitzah, even though she cannot acquire herself with a Get, 'Kal va'Chomer' a married woman, who can acquire herself with a Get, should acquire herself with Chalitzah.

(c)We learn from the Pasuk in Ki Setzei "v'Kasav Lah Sefer K'risus" that a woman goes free from her husband with a Get, but not with anything else (such as Chalitzah [thereby overriding the 'Kal va'Chomer']).

8)

(a)We ask both for the source of Kidushei Kesef generally and for the source of Kidushei Kesef of a girl who is betrothed by her father. Which third source are we looking for?

(b)What does Rav Yehudah Amar Rav extrapolate from the Pasuk in Mishpatim (concerning a Jewish maidservant going free when she becomes a Na'arah) "v'Yatz'ah Chinam Ein Kesef"?

(c)The Torah does not write "Ein Lo Kesef", so from where do we know that the money goes to her father (and not to herself)?

(d)Why do we then need to quote the Pasuk in Matos "bi'Ne'urehah Beis Avihah"? What do we initially learn from there?

8)

(a)We ask both for the source of Kidushei Kesef generally and for the source of Kidushei Kesef of a girl who is betrothed by her father and that this money goes to her father (and not to herself).

(b)Rav Yehudah Amar Rav extrapolates from the Pasuk in Mishpatim "v'Yatz'ah Chinam Ein Kesef" 'Ein Kesef l'Adon Zeh (the master from whom she is going free), Aval Yesh Kesef l'Adon Acher' (her father), which teaches us that a girl's father receives the money of her Kidushin.

(c)Despite the fact that the Torah does not write "Ein Lo Kesef", we know that the money goes to her father, and not to herself because it makes no sense to say that after accepting the money (to effect the Kidushin), her father should be obligated to hand it to her.

(d)We nevertheless need to quote the Pasuk "bi'Ne'urehah Beis Avihah" to teach us that the above Halachah extends to the father of a Na'arah (even though she has a Yad with which she could effect the Kidushin herself), and is not confined to a Ketanah.

9)

(a)From where do we know that a father has the right to effect the Kidushin of his daughter?

(b)Seeing as the Pasuk is speaking about a Na'arah, what makes us initially restrict the Halachah of a father receiving his daughter's Kidushin to a Ketanah?

9)

(a)We know that a father has the right to effect the Kidushin of his daughter from the Pasuk in Ki Setzei (written in connection with Motzi Shem-Ra) "Es Biti Nasati la'Ish ha'Zeh".

(b)Despite the fact that the Pasuk is speaking about a Na'arah, we initially restrict the Halachah of a father receiving his daughter's Kidushin to a Ketanah because although she is a Na'arah at the time, the Kidushin (referred to in the phrase "Es Biti Nasati la'Ish ha'Zeh") may well have taken place when she was a Ketanah.

10)

(a)What does Rav Yehudah Amar Rav we learn from the superfluous word in Mishpatim "v'Chi Yimkor Ish Es Bito l'Amah"?

(b)Why must this Pasuk be speaking about a Ketanah?

(c)Then how can we learn from there that a father acquires the Ma'aseh Yadehah of a Na'arah, too?

10)

(a)Rav Yehudah Amar Rav learns from the superfluous word "v'Chi Yimkor Ish Es Bito l'Amah" that just as what an Amah ha'Ivriyah produces belongs to her master, so too, do the products of a daughter belong to her father.

(b)This Pasuk must be speaking about a Ketanah because a Na'arah cannot be sold.

(c)We nevertheless learn from there that a father acquires the Ma'aseh Yadehah of a Na'arah, too because the Pasuk is not needed to teach us this Din by a Ketanah, since we already know it from a 'Kal va'Chomer, from the fact that he is able to sell her.

11)

(a)How does the previous Derashah ("v'Chi Yimkor Ish ... ") dispense with our Derashah from "bi'Ne'urehah Beis Avihah"?

(b)So what do we learn from "bi'Ne'urehah Beis Avihah"?

(c)Nevertheless, now that a father has the rights to annul the Nedarim of his daughter when she is a Na'arah, why can we not learn from there that he also receives the money of her Kidushin?

11)

(a)The previous Derashah ("v'Chi Yimkor Ish ... ") dispenses with our Derashah from "bi'Ne'urehah Beis Avihah" inasmuch as, if we really would learn from "bi'Ne'urehah ... " that all the benefits of a Na'arah belong to her father, then why would we need "v'Chi Yimkor Ish ... ".

(b)It is therefore clear that "bi'Ne'urehah Beis Avihah" is confined to the father's right to annul his daughter's vows, and to nothing else.

(c)We cannot learn from a father's rights to annul his daughter's vows that he also receives the money of her Kidushin because of the principle 'Mamona me'Isura Lo Yalfinan' (one cannot learn money matters from matters of Isur.

12)

(a)Why can we not learn that the father receives the money of his daughter's Kidushin from ...

1. ... Kenas (the fifty Shekel that the father receives from the man who raped his daughter)?

2. ... Boshes u'Pegam (which the rapist has to pay in addition)?

(b)What is 'Pegam'?

12)

(a)Neither can we learn that the father receives the money of his daughter's Kidushin from ...

1. ... Kenas (the fifty Shekel that the father receives from the man who raped his daughter) because of the principle 'Mamona mi'K'nasa Lo Yalfinan'.

2. ... Boshes u'Pegam because the father already has rights in them (even to hand his daughter to a leper, should he so wish [see Tosfos ha'Rosh]).

(b)'Pegam' is the depreciation of the girl, for whom men will now be willing to pay less to her father, which the rapist has to pay in addition)