POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
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Previous daf Kidushin 3
KIDUSHIN 2-4 - sponsored by a generous grant from an anonymous donor. Kollel Iyun Hadaf is indebted to him for his encouragement and support and prays that Hashem will repay him in kind.
1) THE STATUS OF ESROGIM
(a) Question: A Mishnah teaches, 'An esrog has the law of a
tree in 3 Derachim' - it should say 'Devarim'!
2) CASES EXCLUDED BY THE MISHNAH
(b) Answer: It says 'Derachim' for parallel structure to the
end of the Mishnah, which says that it is as vegetables
in 1 Derech.
(c) Question: The end of the Mishnah should also say 'Davar"!
(d) Answer: The end of the Mishnah teaches that an esrog has
the nature of vegetables;
1. Just as vegetables grow from the rain that falls the
entire time they grow, and we take Ma'aser according
to the year in which they are picked, also Esrogim.
(e) Question: Why do the following Mishnayos say 'Derachim'
rather than 'Devarim'?
1. (Mishnah): A Kvi in some Derachim is as a wild
animal, in some ways as a domestic animal, in some
ways as both, in some ways as neither.
(f) Answer: Wherever there are different ways, the Tana
teaches 'Derachim'; when all ways are similar, he says
2. (Mishnah): This is one of the Derachim in which
Gitin of divorce are as Gitin or freedom.
1. Support (Mishnah): R. Eliezer says, an esrog is as a
tree in all Devarim.
(a) Question: The Mishnah says 'A woman is acquired in any of
3 (and no more!) ways, and acquires her independence
through either of 2 (and no more!) ways' - what ways
might we have thought also work?
(b) Answer (part 1): She is acquired in any of 3 ways - but
not by Chupah.
1. Question: Rav Huna says that Chupah makes engagement
- what is excluded?
2. Answer: It excludes Chalipin (acquisition through
i. One might have thought, since we learn a
Gezeirah Shavah "Kichah-Kichah" from the sale
of Efron's field - just as a field may be
acquired through Chalipin, also a woman - we
hear, this is not so.
ii. Question: Why doesn't Chalipin work?
iii. Answer: Chalipin works with less than the value
of a Perutah - a woman does not let herself be
acquired (Rashi; Tosfos - she cannot be
acquired) through such an acquisition.
3) THE SOURCE THAT MONEY MAKES ENGAGEMENT
3. Answer (part 2): She acquires her independence
through either of 2 ways - but not Chalitzah.
i. One might have thought, a Kal va'Chomer teaches
that Chalitzah works.
ii. A Yevamah is not permitted by a Get, but
Chalitzah permits her - a wife is permitted by
a get, all the more so, through Chalitzah - we
hear, this is not so.
iii. Question: Why not?
iv. Answer: "A Sefer of cutting" - a Sefer cuts her
off and nothing else.
(a) (Mishnah): With money...
(b) Question #1: How do we know that money makes engagement?
(c) Question #2 (Mishnah): 'A man may engage his daughter (a
minor) through money, a document or relations' - how do
we know that money works, and that the father gets the
(d) Answer (Rav Yehudah): "A slave goes free (when she
becomes a Na'arah), no money is paid" - her master is not
paid, but someone else that has dominion over her (her
father) is paid (when she leaves her father, at
(e) Question: Why not learn differently - no money is paid
when she goes free, but money is paid when she leaves her
father, and she gets the money!
(f) Answer: We know that the father can engage her - "I gave
my daughter to this man";
1. One cannot say that the father engages her, and she
gets the money!
(g) Question: Perhaps this is only regarding a minor, for she
herself cannot accept engagement - but a Na'arah, who can
accept engagement, she can engage herself and keep the
(h) Answer #1: "While a Na'arah, in her father's house" - all
money that comes to a Na'arah goes to her father.
1. Question: But Rav Huna taught "When a man will sell
his daughter as a slave" - just as a salve's
earnings belong to her master, a girl's earnings
belong to her father;
(i) Rejection: Likewise, the verse only applies to vows, not
i. Why isn't this learned from "While a Na'arah,
in her father's house"?
2. Answer: You must say, that verse only applies to
vows, not to earnings;
1. Suggestion: Even though the verse was said by vows,
we should learn that it applies to engagement as
(j) Answer #2: Rather, the verse excludes a similar departure
(when a slave leaves her master, her master gets no
money, but when a girl leaves her father by engagement,
the father gets money).
2. Rejection: We cannot learn monetary laws from
3. Suggestion: We should learn, just as the fine that a
rapist or enticer pays goes to her father, also the
4. Rejection: We do not learn standard monetary laws
5. Suggestion: We should learn, just as the money that
a rapist or enticer pays for the embarrassment and
blemish he caused, goes to her father - also,
6. Rejection: We cannot learn from those payments, the
father receives them because the embarrassment and
blemish also affect him!
(k) Objection But these departures are not similar!
1. A slave totally leaves her master's jurisdiction -
but an engaged Na'arah does not totally leave her
father's jurisdiction until Chupah!
(l) Answer: Regarding vows (her father can no longer annul
her vows himself), she is no longer in his jurisdiction.
1. (Mishnah): The father and husband jointly annul the
vows of an engaged Na'arah.