KIDUSHIN 62 - Dedicated by a Talmid of Rabbi Kornfeld in Chicago. May Hashem bestow upon him and his wife Berachah in all their endeavors, and Yiddishe Nachas and joy from their dear children.

1)

(a)We query Rebbi Meir ('mi'Chelal Lav I Atah Shome'a Hein') from the Pasuk in Naso "Im Lo Shachav Ish Osach, Hinaki", which does not repeat the Hein ("v'Im Shachav, Lo Tinaki"). Why is this a Kashya, considering that the Pasuk continues "v'At Ki Satis ... "?

(b)What does Rebbi Tanchum mean when he replies "Hinaki" K'siv? What does he extrapolate from the spelling of "Hinaki"?

(c)How does Rebbi Chanina ben Gamliel ('mi'Chelal Lav Atah Shome'a Hein') explain 'Chinaki'? Why does he require a Pasuk for that?

1)

(a)We query Rebbi Meir ('mi'Chelal Lav I Atah Shome'a Hein') from the Pasuk in Naso "Im Lo Shachav Ish Osach, Hinaki", which does not repeat the Hein ("v'Im Shachav, Lo Sinaki"). Granted, the Pasuk does continue "v'At Ki Satis ... " but that does not refer back to the Shevu'ah that precedes it, but to the Shevu'ah with an Alah that follows (in which case, the curse of the Shevu'ah without the Alah is not repeated in the form of Hein).

(b)When Rebbi Tanchum replies "Hinaki" K'siv he means to extrapolate from the fact that the word is spelt without a 'Yud' that 'Chinaki' (a warning that she will be strangled should she be guilty).

(c)Rebbi Chanina ben Gamliel, who holds 'mi'Chelal Lav Atah Shome'a Hein', explains that without 'Chinaki' we would say that if she did not commit a sin she is absolved, but if she did, she is guilty, though not necessarily punishable.

2)

(a)Having written in Chukas "v'Hizah ha'Tahor Al ha'Tamei ba'Yom ha'Shlishi u'va'Yom ha'Shevi'i", how does Rebbi Chanina ben Gamliel explain the Torah's need to repeat there "v'Im Lo Yis'chata ... "?

(b)And why does the Torah then need to add ...

1. ... "v'Hizah ha'Tahor ... ba'Yom ha'Shlishi u'va'Yom ha'Shevi'i"?

2. ... "v'Chit'o ba'Yom ha'Shlishi ... "?

2)

(a)Having written in Chukas "v'Hizah ha'Tahor Al ha'Tamei ba'Yom ha'Shlishi u'va'Yom ha'Shevi'i", Rebbi Chanina ben Gamliel explains that the Torah nevertheless needs to repeat there "v'Im Lo Yis'chata ... " to teach us that it will not suffice to sprinkle the Tamei person on one of the two days, but that he must be sprinkled on both.

(b)And the Torah needs to add ...

1. ... "v'Hizah ha'Tahor ... ba'Yom ha'Shlishi u'va'Yom ha'Shevi'i" to teach that, not only may the sprinkling not be performed before the third and the seventh days respectively, but that the second sprinkling must take place four days after the first one, whenever it was performed.

2. ... "v'Chit'o ba'Yom ha'Shlishi ... " that all this pertains to permitting the Tamei person to eat Terumah, no less than to eating Kodesh and entering the Mikdash.

3)

(a)On what grounds does our Mishnah validate the Kidushin, even if the man only betrothed the woman presuming her to be a Kohenes or a Leviyah, a poor man or a rich one, and she turns out to be the opposite?

(b)What does the Tana say in a case where a man betroths a woman ...

1. ... after he or she converts or after he or she is set free?

2. ... after her husband or her sister dies? To whom is he referring in this latter case?

(c)The Tana adds to the list 'le'Achar she'Yachlotz Lach Yevamech'. What must he then hold with regard to the Kidushin of a Yevamah l'Shuk?

(d)The final case in the Mishnah is when a man says to his friend 'Im Yaldah Ishtecha Nekeivah, Harei Zu Mekudeshes'. Why is the Kidushin not valid in all these cases?

3)

(a)Our Mishnah validate the Kidushin, even if the man only betrothed the woman presuming her to be a Kohenes or a Leviyah, a poor man or a rich one, and she turns out to be the opposite because, seeing as it was not she who tricked him into believing that, but a figment of his own imagination, as long as he does not make a specific condition to that effect, we apply the principle 'Devarim she'ba'Lev Einam Devarim'.

(b)The Tana says that if a man betroths a woman ...

1. ... after he or she converts or after he or she is set free the Kidushin is not valid.

2. ... after her husband or her sister (his wife) dies the Kidushin is not valid either.

(c)The Tana adds to the list 'le'Achar she'Yachlotz Lach Yevamech', in which case the Tana must hold that Kidushin with Yevamah l'Shuk is not even effective b'Di'eved (even though it is only an ordinary Lav).

(d)The final case in the Mishnah is when a man says to his friend 'Im Yaldah Ishtecha Nekeivah, Harei Zu Mekudeshes'. The Kidushin is not valid in all these cases because, since he is unable to betroth her now, it is a 'Davar she'Lo Ba Le'olam', with which any transaction is not possible.

4)

(a)What do we learn from the Pasuk in Shoftim (in connection with Terumos and Ma'asros) "Reishis "Degancha" (with regard to Mechubar)?

(b)The Mishnah in Terumos states that if someone separates Terumah from crops that are detached to cover crops that are attached, his Terumah is not valid. What happens to ...

1. ... the Terumah that he separated?

2. ... the attached crops that he tried to Ma'aser?

(c)What did Rebbi Yochanan rule when Rebbi Asi asked him what the Din will be if someone separates Terumah from crops that are detached to cover crops that are attached (or vice-versa), but stipulates that the Terumah should take effect only after they have become detached?

(d)How do we reconcile this ruling with our Mishnah, which invalidates the Kidushin in the case of 'le'Achar she'Esgayer O l'Achar she'Tisgayri', even though it would appear to be within their power to remedy this immediately, should they so wish?

4)

(a)We learn from the Pasuk in Shoftim "Reishis "Degancha" that only crops that can be gathered into a pile (which is called 'Digun') is subject to Terumos and Ma'asros, but not as long as they are attached.

(b)The Mishnah in Terumos states that if someone separates Terumah from crops that are detached to cover crops that are attached, his Terumah is not valid. The ...

1. ... Terumah that he separated remains Tevel, which the Kohen may then rectify from his own crops.

2. ... attached crops that he tried to Ma'aser must be Ma'asered again after they have been picked.

(c)When Rebbi Asi asked Rebbi Yochanan what the Din will be if someone separates Terumah from crops that are detached to cover crops that are attached (or vice-versa), but stipulates that the Terumah should take effect only after they have become detached his transaction is valid, seeing as there is nothing to stop him from picking the crops now and Ma'asering them (it is considered as if he had already picked them).

(d)We reconcile this ruling with our Mishnah, which invalidates the Kidushin in the case of 'le'Achar she'Esgayer O l'Achar she'Tisgayri', even though it would appear to be within their power to remedy this immediately, should they so wish by citing Rebbi Chiya bar Aba Amar Rebbi Yochanan, who requires a Beis-Din of three experts for conversions, and three expert Dayanim are not always readily available.

62b----------------------------------------62b

5)

(a)What do we learn from the fact that the Torah writes in Emor (in connection with Gerim) "Mishpat Echad Yiheyeh Lachem"?

5)

(a)From the fact that the Torah writes in Emor "Mishpat Echad Yiheyeh Lachem" we learn that a conversion requires a Beis-Din of three (see Tosfos).

6)

(a)Why will the Kidushin not be valid, according to Rebbi Yochanan (who says that whenever the man has the power to change the situation now, the Kidushin is valid) if someone gave a Perutah ...

1. ... to his Shifchah, stipulating that the Kidushin will only take effect after he has set her free?

2. ... to his wife, stipulating that the Kidushin will only take effect after he has divorced her?

(b)What does Rav Oshiya's ask with regard to a man who gives two Perutos to a woman as Kidushin, one to take effect immediately, the other, after he has divorced her?

(c)Why can we not prove from Rebbi Yochanan that it does not?

(d)What do we prove from the Beraisa, where the Tana Kama rules that if someone says 'Peiros Arugah Zu Telushin Yiheyu Terumah Al Peyros Arugah Zu Mechuberes l'che'Yitaleishu, Devarav Kayamin'?

6)

(a)The Kidushin will not be valid, according to Rebbi Yochanan (who says that whenever the man has the power to change the situation now, the Kidushin is valid) in the case of someone who gave a Perutah...

1. ... to his Shifchah, stipulating that the Kidushin will only take effect after he has set her free because whereas when he gave her the Perutah she had no Da'as of her own (like an animal), when the Kidushin is due to take effect, she has (and there is no bigger change than that!).

2. ... to his wife, stipulating that the Kidushin will only take effect after he has divorced her because seeing as, after the divorce, his wife has the right to refuse the Kidushin, it is not called 'be'Yado' (presumably, we could have answered this in the previous case, too).

(b)Rav Oshaya ask whether, if a man gives two Perutos to a woman as Kidushin, one to take effect immediately, the other, after he has divorced her the second Kidushin takes effect or not.

(c)We cannot prove from Rebbi Yochanan that it does not because in this case, the second Kidushin may well take effect on account of the first one (with a 'Migo' [i.e. since the first Kidushin takes effect, so does the second]).

(d)We prove from the Beraisa, where the Tana Kama rules that if someone says 'Peiros Arugah Zu Telushin Yiheyu Terumah Al Peiros Arugah Zu Mechuberes l'che'Yitaleishu, Devarav Kayamin' that the Halachah is like Rebbi Yochanan.

7)

(a)In the earlier Beraisa ('Ein Tormin min ha'Talush Al ha'Mechubar ... '), Rebbi Eliezer ben Yakov even validates the Terumah in a case of 'Peiros Arugah Zu Telushin Yiheyu Terumah Al Peyros Arugah Zu Mechuberes l'che'Yavi'u Sh'lish' (despite the fact that it is not within his power to achieve this). Why is that?

(b)What do we Darshen from the Pasuk in Behar "v'Asas Es ha'Tevu'ah li'Shelosh ha'Shanim"?

(c)According to Rabah, Rebbi Eliezer ben Yakov only says this when, at the time of the declaration, the produce has already grown 'be'Shachas', but not 'be'Agam'. What is ...

1. ... 'be'Shachas'?

2. ... 'be'Agam'?

(d)How does Rebbi Elazar connect the latter with the Pasuk in Yeshayah "ha'Lachof k'Agmon Rosho"?

(e)What is the reason for this distinction?

7)

(a)In the earlier Beraisa ('Ein Tormin min ha'Talush Al ha'Mechubar ... '), Rebbi Eliezer ben Yakov even validates the Terumah in a case of 'Peiros Arugah Zu Telushin Yiheyu Terumah Al Peiros Arugah Zu Mechuberes l'che'Yavi'u Sh'lish' (despite the fact that it is not within his power to achieve this) because he holds that one can declare Hekdesh and sell something even though it is not yet in the world.

(b)We Darshen from the Pasuk "v'Asas Es ha'Tevu'ah li'Shelosh ha'Shanim" that produce that has grown one third is considered produce ('Al Tikri "li'Shelosh" Ela 'li'Shelish').

(c)According to Rabah, Rebbi Eliezer ben Yakov only says this when, at the time of the declaration, the produce has already grown as' ...

1. ... 'be'Shachas' when it has grown sufficiently to be able to pick it and feed it to the animals.

2. ... but not 'be'Agam' when it is still no more than tender shoots, just long enough to be able to bend the top to touch the root.

(d)Rebbi Elazar connects the latter with the Pasuk in Yeshayah "ha'Lachof k'Agmon Rosho", which means 'Will you bend your head like a reed (in mock humility)?'

(e)The reason for this distinction is because crops that have reached the stage of 'be'Shachas' are sufficiently significant to be sold, but not 'be'Agam'. And, according to Rabah, even Rebbi Eliezer ben Yakov requires the article that is being sold to at least have some significance.

8)

(a)According to the first Lashon, how does Rav Yosef establish Rebbi Eliezer ben Yakov?

(b)How does Rebbi Chanina qualify our Mishnah, 'ha'Omer la'Chaveiro Im Yaldah Isht'cha Nekeivah Mekudeshes li, Lo Amar Klum'?

(c)How will Rabah and Rav Yosef respectively establish Rebbi Chanina?

(d)Why is it especially important to establish the opinion of Rebbi Eliezer ben Yakov?

8)

(a)According to the first Lashon, Rav Yosef establishes Rebbi Eliezer ben Yakov even by b'Agam.

(b)Rebbi Chanina qualifies our Mishnah, 'ha'Omer la'Chaveiro Im Yaldah Ishtecha Nekeivah Mekudeshes li, Lo Amar Klum' to where she is not yet pregnant, but where she is, the Kidushin is valid.

(c)Rabah establishes Rebbi Chanina in turn when the pregnancy is recognizable, whereas Rav Yosef establishes it even when it is not.

(d)It is especially important to establish the opinion of Rebbi Eliezer ben Yakov because of the principle 'Mishnas Rebbi Eliezer ben Yakov Kav v'Naki' (for which reason we always rule like him [see also Tosfos DH 'va'Amar])

9)

(a)In the second Lashon, Rav Yosef agrees with Rabah that Rebbi Eliezer ben Yakov requires b'Shachas'. However, Rabah restricts Rebbi Eliezer ben Yakov to Shachas d'Bei Kivsha, whereas Rav Yosef extends it to Shachas d'Bei Shakya. What is ...

1. ... 'Shachas d'Bei Kivsha'?

2. ... 'Shachas d'Bei Shakya'?

(b)What is the reason for this distinction?

(c)How will Rav Yosef now establish Rebbi Chanina?

(d)On what grounds will even Rabah agree that the Kidushin is valid?

9)

(a)In the second Lashon, Rav Yosef agrees with Rabah that Rebbi Eliezer ben Yakov requires b'Shachas'. However, Rabah restricts Rebbi Eliezer ben Yakov to Shachas d'Bei Kivsha, whereas Rav Yosef extends it to Shachas d'Bei Shakya.

1. 'Shachas d'Bei Kivsha' is a Sadeh Beis ha'Ba'al, which is watered by the rain

2. ... 'Shachas d'Bei Shakya' is a Beis ha'Shalachin, which needs to be watered manually.

(b)The reason for this distinction is because, in the event that the field is not watered properly, the crops in a Shachas d'Bei Shakya might still become spoilt; whereas in the case of a Shachas d'Bei Kivsha, which relies on rain from Heaven, this is unlikely.

(c)In this case, both Rabah and Rav Yosef will agree that the author is Rebbi Eliezer ben Yakov, and Rav Yosef will establish Rebbi Chanina when the pregnancy is visible (just like Rabah).

(d)And even Rabah will agree that the Kidushin is valid because since a pregnant woman is entirely in the Hands of Hash-m, the case is comparable to Shachas d'Bei Kivshi.

10)

(a)What are the names of the two other Tana'im listed by Abaye (besides Rebbi Eliezer ben Yakov), who hold 'Adam Makneh Davar she'Lo Ba l'Olam'?

10)

(a)The names of the two other Tana'im listed by Abaye (besides Rebbi Eliezer ben Yakov) who hold 'Adam Makneh Davar she'Lo Ba l'Olam' are Rebbi and Rebbi Meir.

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