Perek ha'Ish Mekadesh

1)

(a)What does our Mishnah say about a man who betroths, a woman who is betrothed and a man who betroths his daughter who is a Na'arah? What do they all have in common?

(b)Why does the Tana refer specifically to a daughter who is a Na'arah?

(c)How does Rav Yosef explain why the Tana, having taught us that a man can betroth a woman through a Shali'ach, nevertheless finds it necessary to add 'Bo'?

(d)In support of this theory, Rav Safra used to fry a fish-head in honor of Shabbos. What did Rava used to do?

1)

(a)Our Mishnah - permits a man who betroths, a woman who is betrothed and a man who betroths his daughter who is a Na'arah, to betroth through a Shali'ach.

(b)The Tana refers specifically to a daughter who is a Na'arah - because it is wrong to betroth a girl as long as she is a Ketanah (as we shall see later).

(c)Rav Yosef explains - that even though the Tana has already taught us that a man can betroth a woman through a Shali'ach, he nevertheless finds it necessary to add 'Bo' - to teach us that it is preferable for a person to fulfill the Mitzvah himself (rather than through a Shali'ach).

(d)In support of this theory, Rav Safra used to fry a fish-head in honor of Shabbos; Rava used to - salt the fish.

2)

(a)Others suggest that betrothing a woman through a Shali'ach might even entail a prohibition, based on what Rav Yehudah Amar Rav said. What did Rav Yehudah Amar Rav say?

(b)From which Pasuk in kedoshimdoes he extrapolate this?

(c)According to this, what is Rav Yosef referring to, when he says 'Mitzvah Bo Yoser mi'bi'Shelucho'?

(d)Why does Rav Yehudah Amar Rav's suspicion not apply to the Seifa?

2)

(a)Others suggest that betrothing a woman through a Shali'ach might even entail a prohibition, based on Rav Yehudah Amar Rav - who forbade a man to betroth a woman before having seen her, in case one later discovers something about her looks that disgusts him (which will subsequently result in his hating her).

(b)And he extrapolates this from the Pasuk - in Kedoshim "ve'Ahavta le'Re'acha Kamocha".

(c)According to this, when Rav Yosef refers to 'Mitzvah Bo Yoser mi'bi'Shelucho' - he is referring to the Seifa 'ha'Ishah Miskadeshes Bah u'vi'Sheluchah'.

(d)Rav Yehudah Amar Rav's suspicion does not apply to the Seifa - because a woman's urge to marry is far stronger than that of a man, so that she is less likely to become disgusted, due to her expectations not being met.

3)

(a)Which woman's adage does Reish Lakish quote that bears out the previous principle?

(b)On what grounds does Rav Yehudah Amar Rav (or Rebbi Elazar) forbid a man to marry off his daughter as long as she is still a Ketanah?

3)

(a)The woman's adage that Reish Lakish quotes and that bears out the previous principle is - 'Tav le'Meisav Tan Du mi'le'Meisav Armelu' ('Better to live two together than to remain a spinster).

(b)Rav Yehudah Amar Rav (or Rebbi Elazar) forbids a man to marry off his daughter whilst she is a Ketanah - because (bearing in mind that a Ketanah does not have Da'as) it is wrong to marry off a girl to a man before she herself decides that she wants to marry him.

4)

(a)What do we learn from the Pasuk in Ki Setzei (written in connection with Gitin) ...

1. ... "ve'Shilach"?

2. ... "ve'Shilchah" (the extra 'hey')?

3. ... "ve'Shilchah" (which is written a second time)?

(b)From where do we learn Shelichus by Kidushin?

(c)Why can we not learn it from a 'Mah Matzinu' from Gerushin?

(d)And what do we (initially) learn from the Pasuk in Korach "Kein Tarimu Gam Atem"?

4)

(a)We learn from the Pasuk (written in connection with Gitin) ...

1. ... "ve'Shilach"- that a man may appoint a Shali'ach (le'Holachah).

2. ... "ve'Shilchah" (the extra 'hey') - that the woman may appoint a Shali'ach (le'Kabalah).

3. ... "ve'Shilchah" (which is written a second time) - that even the Shali'ach may appoint a Shali'ach.

(b)We learn Shelichus by Kidushin - from the 'Hekesh' of Kidushin to Gitin "ve'Yatz'ah ve'Hayesah".

(c)We cannot learn it from a 'Mah Matzinu' from Gerushin - because Gerushin can be effected against the woman's will (and maybe that is why Shelichus is effective too), whereas Kidushin requires the woman's consent.

(d)And we (initially) learn from the Pasuk "Kein Tarimu Gam Atem" - that one may also appoint a Shali'ach to separate Terumah.

5)

(a)What are the three amounts that a person might separate as Terumah?

(b)How much must a Shali'ach separate, should he be unable to assess the amount the owner would want him to give?

(c)What will be the Din if, in the last case, the Shali'ach gave a fortieth or a sixtieth? Will he be obligated to give Terumah again?

(d)Why can we not learn Shelichus by Gitin and Kidushin from Terumah?

5)

(a)The three amounts that a person might separate as Terumah are - a generous man, a fortieth, a miserly person, a sixtieth, and a regular guy, a fiftieth.

(b)A Shali'ach who is unable to assess the amount the owner would want to give - must separate a fiftieth.

(c)If, in the last case, the Shali'ach gave a fortieth or a sixtieth - his separation is effective (and it is not necessary to repeat it).

(d)We cannot learn Shelichus by Gitin and Kidushin from Terumah - because one can separate Terumah with thought alone, whereas Gitin and Kidushin require an action and speech.

41b----------------------------------------41b

6)

(a)What does Rebbi Yehoshua ben Korchah learn from the Pasuk in Bo "ve'Shachatu Oso Kol K'hal Adas Yisrael"?

(b)Why can the Pasuk not be understood literally?

(c)The Mishnah in Pesachim discusses a case where one of the members of a group is asked to go and search for the group's missing Korban Pesach. If he subsequently finds it and slaughters it on their behalf, but they took another lamb and Shechted it, from whose Korban must they eat, theirs or his?

(d)Why can we not learn Shelichus everywhere else from a 'Mah Matzinu' from Kodshim?

6)

(a)Rebbi Yehoshua ben Korchah learns from the Pasuk "ve'Shachatu Oso Kol K'hal Adas Yisrael" - that one may appoint a Shali'ach to slaughter a Korban.

(b)The Pasuk cannot be understood literally - because not more than one person is eligible to slaughter a Korban.

(c)The Mishnah in Pesachim discusses a case where one of the members of a group is asked to go and search for the group's missing Korban Pesach. If he subsequently finds it and slaughters it on their behalf, but they took another lamb and Shechted it - they are obligated to eat from whichever Korban was Shechted first.

(d)We cannot learn Shelichus everywhere else from a 'Mah Matzinu' from Kodshim - because most of Kodshim operates through Shelichus.

7)

(a)We then try learning one from two. Why can we not learn ...

1. ... Kodshim from any combination of Gitin, Kidushin and Terumah?

2. ... Gerushin from Terumah and Kodshim?

(b)What do we learn from the Pasuk in ...

1. ... Korach "ve'Nechshav Lachem Terumaschem"?

2. ... Divrei ha'Yamim "Kol Nediv Leiv"?

(c)What do we conclude after posing the question why we cannot learn Shelichus by Terumah from Gerushin and Kodshim?

7)

(a)We then try learning one from two. We cannot learn ...

1. ... Kodshim from any combination of Gitin, Kidushin and Terumah - because compared to Kodshim, they are all considered Chol.

2. ... Gerushin from Terumah and Kodshim - because they can be separated in the mind alone, whereas Gerushin requires an act.

(b)We learn from the Pasuk in ...

1. ... Korach "ve'Nechshav Lachem Terumaschem" - that Terumah can be separated in the mind alone.

2. ... Divrei ha'Yamim "Kol Nediv Leiv" - that Hekdesh too, can be declared in the mind.

(c)After posing the question why we cannot learn Shelichus by Terumah from Gerushin and Kodshim, we conclude - that indeed we can and we do.

8)

(a)Since we now learn Shelichus by Terumah from Gerushin and Kodshim, we use "Gam Atem" to learn what Rebbi Yanai said. What did Rebbi Yanai say?

(b)What did Rebbi Chiya bar Aba Amar Rebbi Yochanan say about an Eved receiving a Get on behalf of a woman?

(c)What is the reason for this?

(d)Then why can we not learn Rebbi Yanai's Din from there too, and disqualify a Nochri from separating Terumah for the same reason?

8)

(a)Since we now learn Shelichus by Terumah from Gerushin and Kodshim, we use "Gam Atem" to learn what Rebbi Yanai said - that a Shali'ach, whom the Torah is comparing here to oneself, must be, like oneself, a Yisrael.

(b)Rebbi Chiya bar Aba Amar Rebbi Yochanan said - that an Eved cannot receive a Get on behalf of a woman.

(c)The reason for this is - because he himself is not subject to Gitin and Kidushin.

(d)We cannot learn Rebbi Yanai's Din from there however, and disqualify a Nochri from separating Terumah for the same reason - because (unlike Gitin and Kidushin) a Nochri is subject to Terumah regarding produce that grew in his own field (since he holds that a Nochri does not have a Kinyan in Eretz Yisrael to remove the Din of Ma'asros from his crops).

9)

(a)In which two regards does the Tana Kama in the Mishnah in Terumos consider the Terumah of a Nochri, Terumah?

(b)What is the reason of Rebbi Shimon who disagrees?

(c)What problem does this pose on the previous Derashah of "Gam Atem"?

(d)So what does Rebbi Shimon learn from "Gam Atem"? What would we have thought had the Torah not inserted the word "Gam"?

9)

(a)The Tana Kama in the Mishnah in Terumos considers the Terumah of a Nochri, Terumah - with regard to forbidding the Chulin into which it fell, and to obligate a Zar who eats it to pay an extra fifth.

(b)The reason of Rebbi Shimon who disagrees is - because he extrapolates from "Degancha" 've'Lo Digun Akum' (meaning that the 'Miru'ach' [the flattening of the pile of corn] at the hand of the Nochri, removes the obligation to Ma'aser it).

(c)The problem that this poses on the previous Derashah of "Gam Atem" (which we used to preclude Nochrim from Shelichus regarding Terumah) is - that "Gam Atem" is now redundant according to Rebbi Shimon.

(d)Rebbi Shimon learns - that "Gam" precludes from "Atem" - to teach us that "Atem" does not include separating Terumah through a Shali'ach in the list of things that it precludes from the word "Gam".

10)

(a)In fact, Mar precludes four things from "Atem"; two of them are "Atem" 've'Lo Arisim, "Atem" 've'Lo Shutfin'. What are the remaining two?

10)

(a)In fact, Mar precludes four things from "Atem": "Atem" 've'Lo Arisim', "Atem" 've'Lo Shutfin' - "Atem" 've'Lo Apotropin' and "Atem" ve'Lo ha'Torem Es she'Eino she'Lo'.