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|KIDUSHIN 61 - Ari Kornfeld has generously sponsored the Dafyomi publications for this Daf for the benefit of Klal Yisrael.|
Someone who is Makdish a Sadeh Achuzah (inherited field) at a time that Yovel is in practice when he redeems the field he must pay 50 Shekel Kesef for a field the size of Zera Chomer Se'orim.
If there are water filled ditches in the Sadeh Achuzah that are ten Tefachim deep, or rocks that are ten Tefachim high they are not measured together with the field. (1)
If a person is Makdish a Sadeh Achuzah that is smaller than the size of a Zera Chomer Se'orim when he redeems it he pays according to the percentage of 50 Shekalim for Zera Chomer Se'orim.
If a person tells his friend he is selling him a field the size of a Bais Kor if there are ditches ten Tefachim deep or rocks ten Tefachim high it doesn’t count toward the Bais Kor. (2)
If a persons is Mekadesh a woman on condition that he owns a field the size of a Bais Kor if there are ditches ten Tefachim deep that are filled with water, or rocks ten Tefachim high, it doesn’t count toward the Bais Kor. (3)
R. Me'ir says that any condition that is not Kaful (both sides of the Tnai spoken out) like the Tnai Bnei Gad and Reuven is not a valid Tnai, while R. Chanina Ben Gamli’el disagrees. (4)
Chanina Ben Gamli’el holds that if Moshe Rabbeinu had not spoken out both sides of the Tnai with the Bnei Gad and Reuven they would not have received any portion at all in Eretz Yisrael, even on the eastern side of the Yarden. (5)
AVRAHAM AVINU INSTRUCTED ELIEZER THAT HE SHOULD ONLY BRING A WIFE FOR YITZCHAK AVINU IF BOTH THE WOMAN AND HER RELATIVES CONSENT.
A BIT MORE
1. Since it is not possible to plant anything in the ditches or on the rocks they are not regarded as part of the Sadeh Achuzah and instead they are redeemed for their true value.
2. Even if the ditches were not water field they don’t count toward the Bais Kor. Even though it is possible to plant in a ditch that is not filled with water, however the buyer doesn’t want to have to make the extra effort of planting a field on two different levels.
3. However if the ditch is not filled with water he can say that he will make the extra effort to plant on two levels.
4. According to R. Me'ir if Moshe Rabbeinu had not spoken out both sides of the Tnaui with the Bnei Gad and Reuven they would have received the lands if Ever ha’Yarden even if they had fulfilled the condition to cross the Yarden and wage battle with Kina’an. R. Chanina Ben Gamli’el holfs that even if Moshe had not spoken out both sides of the Tnai they would not have received the Ever ha’Yarden without fulfilling the Tnai. The reason why Moshe Rabbeinu spoke out both sides of the Tnai is because otherwise it would have implied that if they don’t keep the Tnai they won't get any portion at all anywhere in Eretz Yisrael. Therefore Moshe Rabbeinu spoek out that if they don’t keep the Tnai at the very least they will receive portion in Eret Kninaasn with the rest of their brothers.
5. HOWEVER NOW THAT MOSHE RABBEINU SPOKE OUT BOTH SIDES OF THE CONDITION THEY WILL RECEIVED A SHARE IN ERETZ KINAAN (NOT IN ERETZ HAGILAD), EVEN THOUGH THEY DID NOT KEEP THE CONDITION.
A BROKEN UP FIELD
If a person is Mekadesh a woman on condition that he owns a field the size of a Bais Kor if it has ditches ten Tefachim deep that are not filled with water the ditches counts toward the Bais Kor. The Rashba says that if the Bais Kor that he owns is not in one place it is not a Kidushin. Even ditches that are not filled with water count toward the Bias Kor even though they are not in the same level as the nevertheless it is all part of one field, but if the field is in a few different places it is not a Kidushin . Similarly, if there are water filled ditches in the field if the field is very large and even when we subtract the ditches the field is still the size of a Bais Kor it is a valid Kidushin. Even though the ditches break up the field since it is all part of one field it is regarded as a fulfillment of the condition.
A BAIS KOR
If someone one is Makdish a woman on condition that he has a Bais Kor of dirt if there are ditches ten Tefachim deep or rocks ten Tefachim high, if the ditches are water filled they are the same as rocks and they are not included because they are not suitable for planting. If they are not water filled they are included because they are suitable for planting. A well that is filled with water even though it is not suitable for planting is included. (Shulchan Aruch EH 38:22)
A well is included in the Bais Kor because it is needed for the field. (Ran)
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