Disclaimer: Ive chosen to exclude from the Kitzur notes some of the raayas Rebbe brought in

shiur and some of the more tangential points. The goal is to focus on Rebbes main and most
relevant ideas.
Kiddushin Kitzur Shiur Notes #3 (16a-23a)
Shiur 60 (16a)
Who are Hukash lekarkaot? Rashi 7a: E ven . Tosfot ibid: o nly Avadim.
Does Tosfot think Eved Ivri is also Hukash Lekarkkaot? 28a i s mashma is
Hukash since a Shvuah is only Shayach .
Pnei Yehoshua: t his cant be since we should learn all the kinyanim from karka
like we do by !? Rav Velvelle: Pnei Yehoshuas premise is incorrect:
When one is sold as an Eved Ivri, he isnt yet an Eved Ivri! You can only learn
kinyanim from Karka to Eved Kenani since hes a lready someone elses
before you do the kinyan.
Can I sell my Eved Ivri? Rambam Avadim 4:10 -- no. in Avadim 2:12
quotes the Ralbag for the mekor.
Definition of Pilegesh: Most Rishonim: K iddushin but no Kesubah. R ambam Melachim
4:4: Neither Kiddushin nor Kesubah.
Shitas Harambam by Kedeisha: I shut 1:4: I ssur Kedeisha to sleep with woman without
+. Raavad argues its only if . Kessef Mishnah Naara
2:17: Rambam thinks theres only malkut if shes , meaning he actually holds like
the Raavad. Rebbe: B eing Boel a woman who i snt mufkeret is still an Issur Zonah, but
its a , so you dont get malkus.
Meiri: Carrying 2 amot in isnt even assur since this is
, not ; it doesnt have a unless its moved 4 amot. Why
not say the same thing by a Zonah who isnt Mufkeret? Unclear.
In what case does the Rambam mattir a pilegesh? Melachim 4:4 Only for a king; a
pilegesh is an issur kedeisha for a hedyot with the one exception of after Yiud
Rabbeinu Yonah: a king is muttar to be with a pilegesh since he can take
property from people and it becomes his automatically, so too he can take the
woman and be koneh her without any Maaseh Ishut.
How does Yiud work? Reb Chaim Bedaas HaRambam: Adons shifchus
changes into ishus without any maaseh ishut (thats why shes a pilegesh of
sorts -- since there was no ) . Tosfot Harosh + Rashi 19a d isagrees
and thinks the Kiddushin works since the original money is now the Kessef
Kiddushin.
Nodah Biyehudas Q: If a Kattan can be Koneh , why cant a kattan
marry a Gedolah since shes giving the ? A: Problem of .
Machloket Amoraim whether the master or father writes the shtar kinyan for the Amah
Ivriah. Does this machloket apply to Eved Ivri as well? R ebbe: N o. Tosfot Rid: Y es.
[Tosfot Rid has to cross out a line in our gemara to make this work.]
Whats pashut pshat in ? Rashi/Gemara: Amah Ivriah doesnt leave
. Tur: you cant make an do work thats since
.

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 Does Chazaka work on Eved Ivri? No -- .
Stirah in Rashis: Here, Rashi reads to mean that they arent
. On 28a though, Rashi l earns is Hukash Lekarkaot. R ebbe s aid a

possible answer is that Rashi means that d espite the Hekesh, theres a miut
saying that Chazaka still isnt shayach to an Eved Ivri.
Stirah: Our gemara says that . Bava Metziah 99a says the exact
opposite! Baal Hameor in BM: Its a machloket Amoraim. Tosfot ibid.: You own the
Eved Ivri with respect to his , like a Dekkel Lepeirosav. But you dont own an
eved Ivri like a .
Can an Eved Ivri use a shtar chov to redeem himself? G emara: Yes. Rashba: N o - that
was only a . Lemaskana, it doesnt work since its .
Shiur 61 (16a-16b)
Examples of ( different than Yerusha): 1) Son is koneh an Eved Ivri
(but not a daughter); 2) Yiud of an Amah Haivriyah 3) A son can be ,
and 4) a son can be a from Hekdesh and it remains in his possession at
5 . )Yerushalmi has a deiah that an amah ivriyah is inherited only by daughters, not
sons [we dont paskin this way.]
Is there a din of by dinnim of Kam Tachtav? G emara Nazir says no
by ; Minchat Chinuch i snt sure if this is also true for .
We paskin that one isnt a gadol until two hairs grow a fter a boy is 13 years old. If they
were there from beforehand, its meaningless.
Tosfot Harosh on 59b says theres an umdena that the amoraim knew all the
mishnayot, so if you ever do have a tiyuvta from a Mishnah, then it must be they had a
different interpretation. Thats why the gemara always brings s from braisas.
Shiur 62 (16b-17a)
Rebbes difficulty with Reish Lakishs : Why does he consider a --
its -- its like a that theres no yerushah?! P ossible precedent:
In the machloket Tanna Kamma + Abba Shaul, the Tanna Kamma learns that an Eved
Kenani of a is Koneh himself even with regards to the kinyan issur just
as a woman who is given a g et; you see the views the as a like a
Get.
Otzar Hageonim claim theres three levels of gadlus by a boy just like by a girl: Kattan,
Naar, and Boger. The only din thats relevant to Naar is which has to be
when hes ( first 3 months after he becomes 13).
Is Garmi chayav Mideoraitah: Ramban: Y es. We paskin: N o
Does a Melamed who misses two years get paid in full? T osfot: No since not
Why can we pay a melamed if he has a chiyuv to teach for free? Nedarim 37: W ere
paying him for or . We paskin in YD 246 trop is deoraitah so you
can only pay him for ( if hes a ) or .
Shiur 63 (17a-17b)
Who gives Haanaka when the father dies? Presumably this means the yorshim pay from
the fathers nechasim, but the Acharonim a re bothered since this assumes that
when this is really a big Machloket? The K etzos 39:1 argues that this has

2

 nothing to do with - the children are chayav to pay Haanakah from their
own Nechasim, not the fathers.
-- Mumar to cant eat Pesach. What if hes Chozer Bitshuvah?
Tosfot: He would eat. Meiri: Still cant eat. What would Meiri say about a Ger who used
to serve Avdoah Zara? Rebbe s uggested that he can eat since ,
although pashtus is is only shayach to inyanei kurvah/yichus.
Source for ? Rebbe Bedaas HaMeiri: Ger can eat even though a Mumar
cant. 2) Chiddushei Chasam Sofer Avodah Zarah 64a: C ant be from since it
could just mean you cant find the Yorshim. 3) Meshech Chochma Devarim 5:27 -
learned from Har Sinai where people werent assur to their Krovim wives since they were
ur Aryeh Breishit 46:10 t hat theres no by Har
all [ this is against G
Sinai. 4) Rav Soloveitchik - Tosfot reads a gemara that its impossible for a Jew and a
non-Jew to be related. At some point, when a non-Jew converts, ones a Jew and his
krovim are non-jews, so the Kurvah is severed at that point.
Tosfot 17b asks why our gemara can learn from the fact that a Ger can take a share of
the Yerusha Kenegged the other brothers share of that its ; Why dont
we just say this Braitah is according to the Shitah that ? T he Rashash q uotes
Rashba + RAE and others who ask: Even if you say , theres a Befeirush
gemara in Temurah that Breirah doesnt help when its ! Meaning, when youre
taking a share of something which isnt the same as the item the brother is taking, then
Breirah wont help!
Shiur 64 (17b-18a)
Tosfot [somewhere?] implies there might be a problem to be a for more than 3
years. This gets quoted as a in , despite that it seems against a .
Why can one sign a lifetime contract if theres a problem of ? Gra: Since
Poel .
The Mishnah Lemelech q uotes the Maharit who suggests that you only have to give
Haanaka if the Eved was given a since thats pashtei dikra
. Rebbe pointed out this is difficult since we give even to an Ammah Ivriyah
who doesnt work at night at all!
Lomdus of Gers Yerusha: Rashi + Tosfot Yeshanim: t he Takanna was only made that
he should yarshin hetter, and not that he should yarshin . Meaning, when
the non-Jewish brother gives you a chelek , its a gift and not midin
yerusha. The Gilyon Maharsha (R Shlomole Eiger) YD 146:4 q uotes R
ashi quoted
by Tosfot on Chagiga 25b + Bartenura on Demai t hat the kulla is that you say
even by over here. According to this, youre getting the hetter midin
yerusha and not because the non-Jewish brother is giving you a mattanah.
If a goy has kids and then converts, is he Yotze ?Yevamot 62a: R Yochanan
(=how we paskin): Yes. Reish Lakish: No.
Whats behind R Yochanan if they arent even your children? C hiddushei
Hagriz: Since non-Jews are already shayach to the din of since they were
before , and also have a din of nowadays,
doesnt apply with regards to pru urvu. Rebbe d idnt like this since 1) Who cares

3

 that they were metzuveh before -- lemaaseh they have no chiyuv
? Also, 2) non-Jews are also shayach to arayot; why do we still say by
issurei kurvah?
In the machloket in Yevamot, do the children have to be megayer as well?
Rambam Ishut 15:6 s ays the case is that the children were too. Maggid
Mishnah ibid. Says this is a since the Mitzvah is about passing
Judaism on to the next generation. Shut Maharil 196 says the opposite: Its
pashut the Rambams telling you the bigger Chiddush that youre yotze e ven if
the children are megayer despite that now theres two degrees of .
Are non-Jews chayav in ? Tosfot Gittin 41b assumes yes, although
some reread the Tosfot.
Whats the point of Pru Urvu? One Tanna: To bring about Mashiach. How we
paskin: To transfer yiddishkeit to the next generation.
Returning money to a Ger Ben Ger; when is it recommended and when not? Rashi:
Recommended when even though . Tosfot: Bad if
; recommended when .
Tosfots Kashya on Rashi: Rava in B B 149a didnt return the money to
s son, Rav Mari, even though he was . Rebbes (and Tosfot
Haroshs) answer: Rashbam s ays Rav Mari wasnt a Ger, but Rav Mari Bar
Rachel, Shmuels daughter, who was raped by when taken into captivity.
Rashbam though is difficult since the gemara explicitly says was
.
If a woman is tovel leshem Geirut without telling Beit Din shes pregnant, the tevillah
doesnt work for the kid. Can she do tevilla a 2nd time specifically to convert the kid?
Rebbe + Rav Elyashiv: N o. Garzan: Yes (but he may have been later).
Shiur 65 (18a-b)
Ganav is only sold for the Keren, not the Kefel. Can the Nignav establish the money hes
receiving to be for the Kefel instead of the Keren so that the ganav will be sold? Minchat
Chinuch is mesupak; concludes its probably impossible to pay kefel before the keren.
Whats the standard understanding of and why is 18b d ifferent?
Theres a and a -- which one do we darshin/focus on? In our gemara, there is no
! Of course you follow the Keri when it fits with how its written?! B aal Hameor
in explains that this use of means that in every language, its
understood that there are phrases which leave out key words. Since you cant make a
verb from the noun Begged (clothing) into , R Eliezer thinks there must be a
mesorah to understand the pasuk , and does refer to clothing; R Akiva
thinks and theres never any missing words from the phrase, so were
forced to understand as the verb form of ( treachery), which d oes exist.
[Infamous Radak at the end of his hakdama: Kri Ukesiv is the result of of multiple texts
floating around (printing errors). Rebbes not a fan since its against the gemara].
Is Safek Deoraitah Lechumra a din Derabanan or Deoraitah? R ambam + Raavad both
hold Safek Lechumra is only a din ( see Kilaim 10:27; Tumat Met 9:12).
The Ran (commenting on Kiddushin 29a), R amban + Rashba think its a .

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Shiur 66 (19a)
Who does the Yiud when you marry the amah off to your son? Rashi on Chumash: son
says Harei At Meyuedet li. R ambam 4:7 - the father says you are meyuedet to my
1
son. The Lechem Mishnah says maybe its not really a machloket and the Rambam is
specifically talking about a case where the son was him to be a shaliach.
Rav Menachem Zembas Kashya on Rashi: How can it be that the son does the
yiud if our gemara is mesupak -- a Kattan doesnt have
to effect a Kiddushin! This only makes sense if the father is saying it.
By Biah, we say . Whats this mean? Some Rishonim: If the kid is less than
9, the woman wont be chayav for having biah with him. T osfot 19a: I would have
thought we should kill the kid like we kill a -- since the woman is killed, the
kid should be too, . Ritva 19a suggests that means that a Kattan isnt even
chayav to bring a Chatas if he did it Beshogeg: I would have thought that a kattans
actions are like , which is chayav a korban by arayot or Chalavim, from
that hes pattur.
By Yibum, we learn . What does this mean? R ashi: Even though a is
Koneh a , if someone sleeps with her, they still wont get . Tosfot:
The gemara says a woman still needs Chalitza if a Kattan does Yibum since
-- clearly, Yibum only works Miderabanan!
Defenses for Rashi: Ramban Yevamot 96: T he gemara is just saying that it has
the same din as which requires Chalitza and a Get. After a Kattan
does Yibum, she also needs Get and Chalitza, but this time the Get is
mideoraitah and the Chalitza is miderabanan, since really the Yibum works. Rav
Soloveitchik: Rashi just meant that creates partial Ishut; therefore, a
Get and Chalitza are b oth needed Mideoraitah. The Get takes care of the partial
ishut and the chalitza takes care of the leftover zikah.
Shiur 67 (19a-19b)
Rav Soloveitchik argued the shiurim of gadlus and raui lebiah are and unrelated
to biological metzius based on a Machloket Rav + Shmuel in Sanhedrin whether a
Nishkav by has to be 3 or 9 to be the .
By , it makes sense that she can be Koneh the object for herself based
on that a kattan can be Koneh with , but how can she then
be makneh that object to her father? Rashba: S hes just being koneh for herself, and
then the father is koneh from her automatically similar to .
: Tosfot: The Kiddushin works through Hanaat Mechilat Milveh
despite that you still have the mashkon and you might think she isnt .
Rambam + most other Rishonim: Kiddushin works through , and only works
because youre giving her the mashkon as well. [Rambam is that you need
]

1
, -- , : .

5

 Why do the other Rishonim think this works? [ Im not sure what the question is?]
They say mekadesh bemalveh doesnt work since its not , but now that you
have a mashkon, its more so it works. Rebbe difficult since her body has
been there the whole time -- when I give herself back to her, why is that if
the mashkon vanishes into thin air. Hes not really giving her anything?!
Why dont we need 2 Eidim Lekiyum Hadavar when the father sells the daughter if we
hold ? Rebbe based on Reb Chayim:
strengthen daas so theyre only neededat the time when the daat is expressed (=yiud),
Shiur 68 (19a-19b)
In , does this work for Kiddushei shtar or only Kiddushei Kessef?
Raavad [apparently -- couldnt find]: Only Kessef. Rosh: Shtar as well.
Roshs Q on : Doesnt the Maaseh Hakiddushin have to be done by the father
when the girl is a Ketanna? Over here, she cant be his since she doesnt have
daas, so how does this work? Roshs A: Theres no problem of if the
shaliach is doing the maaseh for themselves. [Big Chiddush.]
Is Chatzer Koneh ? Gemara/Rashi/Tosfot: . Rambam
+ Sfardim: Its by a , but for a . Peledik. Nafka Minah for if a
Kattan/Ketanna can be Koneh through their Chatzer (only if ;cant set up )
Does a Goy have a kinyan Chatzer? M aharshak: No since it works
. Ketzos: T
his is against the Gemara! R ebbe: W
hy, then, is the
Maharshak wrong? doesnt mean actual shelichus, but is an
independent kinyan (), which we view a s if a kinyan was done on ones
behalf. Although goyim cant set up a , a kinyan on their behalf (not done by
a formal )does work. In contrast, a Kattan is unable to do kinyanim for other
and kinyanim cannot be done on his behalf.
Is there Zechiyah fora Shoteh? : Yes. Unclear if this is mideoriatah or
miderabanan.
Rashash: If you have a chiyuv to pay $x and you pay $x minus , then youre
yotze and dont need to give any more.
Is feeding ones wife and providing her clothes mideoraitah or miderabanan? Machloket
Tannaim in Kesubos 47b. Rambam, Rashi (Shemot 21:10), Onklos, Ibn Ezra +
Rashba: Deoraitah. Ramban Shemot 21:9 -- Miderabanan. [c.f. Maggid Mishnah]
Why do you make the tenai on at if the Chiyuv doesnt kick in until
Nissuin? Rav Soloveitchik: T enai cant be made on Nissuin since daas isnt required
and you therefore arent the baalim ( Tosfot Kesubos 74a)
Is a Tenai on Kayam? R Yehuda: Yes. R Meir: No
Is Onah included in ? Rashi (+ most Rishonim): No. Ritva +
Mordechai based on Yerushalmi: Yes. [See Mishnah Lemelech Ishut 6:10]
Grizs Q: Why isnt every considered if the Torah never made
its chaluyos contingent on your tenai? The Chiddush of is that this works;
means God prevents you from expressing that is against the
.

6

 What defines something as against the ? Shitah Mekubetzet BM 94a:
Any time the Torah says dont do x, you cant be matneh that you will do it (e.g.
, ,) . If theres no lav then you c an be matneh
to change the terms of a stam case.
Shiur 69 (20a) (The Ger Toshav Shiur)
If an Eved Ivri doesnt have , the Adon cant force him to be with a . Is he
muttar to a Shifcha though? R ashi 20a [based on a diyuk] + Rambam a cc. To
Mishnah Lemelech Avadim 3:4: Y es. Rebbe: Tosfot Yevamot 70b w ould say no
since theres no kinyan issur; R amban w ould say yes since there i s a . [Another
nafka minah to if theres a kinyan issur is whether hed still need a if Im mafkir
him]
Can I sell Peirot Sheviit at a small scale? T osfot Sukkah 39a: Y es.
Rebbes Yesod by Mitzvot Bein Adam Lechavero: Youre only chayav to do a mitzvah for
others if the relationship is reciprocal.
Is there a chiyuv to give Tzedaka to non-Jews? No. Yes to Geirei Toshav ().
Whats the mitzvah of toward Geirei Toshav? Pashtus: Give him Tzedakah.
Ramban : Youre for him.
What level issur is Amirah Lenochri to a Ger Toshav? T osfot Yevamot 48b: D eoraitah.
Is Melacha on Mideoraitah or ?Shulchan Aruch: . Rema: .
Nafka Minah to all sfeikot on ( pointed out by )
Why does a Ger Toshav have to accept the 7 mitzvot if he was already
beforehand? Rav Yosef Engel: A goy gets schar for the 7 as a while a
gets as a -- hes being mekabel this new status.
Do we have nowadays? P ashtus: No, since theres no Yovel. R av Kook "
We just arent mekabel geirei Toshav unless theres Yovel, but
Muslims are Geirei Toshav since theyre as monotheists.
Why isnt hetter mechirah a problem of ? Minchat Chinuch 426: I f the sale is
temporary, not a problem. R av Kook: S ell it to Muslims, and theyre Geirei Toshav.
Shiur 70 (20b-21a)
Maharal: Geulah means returning to original state (See Siman 33)
In which of the 13 is Mah Matzinu subsumed? Pri Megadim:
Some Rishonim say its a weak kal vechomer, o thers say its a Binyan Av (that the
Torah is consistent) by ideas instead of words.
If a dayan is , the psak stands. Whats defined as ?
Sanhedrin: the is a certain way. T osfot: Meaning, the gemara says
that everyone holds x when it could have said that everyone holds y.
What defines a city in halacha? Three Chatzeirot of three houses each, and 100
people. Maharsham: Three chatzeirot or 100 people (Rebbes not a fan)
Shiur 71 (21b)
Do we paskin or in darshining? Machloket Tannaim. M ishnah
Lemelech Avadim 3:9 points out the Rambam is Soter himself which way we paskin.
The Ritva argues that the shitot arent mutually exclusive and each holds there are
exceptions to which way we darshin. The M ishnah Lemelech r ejects this based on a

7

 gemara in Shvuos, and points out T osfot Niddah 30a c learly disagrees. [ Note Tosfot
ibid. says we paskin ]
Gemara says a Kohen isnt Nirtza since that would make him a . Mishnah
Lemelech Avadim 3:9 Q: But hes not a baal mum unless the hole is the size of a
!?Yerushalmi: Its a Gzeirah derabanan lest you make the hole too big. The
Mishnah Lemelech proves the Bavli doesnt hold this way. Rather, R ambam must hold
like the Ritva that means lemaskana you can o nly use a
, which creates a big enough hole. R ebbe c alled this is a chiddush.
What level issur is sleeping with a Shifcha? P ashtus/Rashi/Tosfot: Issur Deoraitah of
Kadesh. Rambam Issurei Biah 12:11: its only miderbanan, that an is muttar
to her. Claims Onklos translation of kadesh to sleeping with a is an asmachta.
[Whats the definition of a Chiddush? T osfot Yevamot 7a: ]
Still, why doesnt Rambam say this is an issur Deoraitah of Kedeisha based on
Ishut 1:4 by ? Rav Soloveitchik: K edeisha is a problem
because youre choosing to sleep with someone when you could have a
proper relationship. Since , its not a problem of .
By Yefat Toar, can you have Biah Rishona prior to Giyur? T osfot/Rambam/Ramban:
Yes. Rashi: No. According to Rashi, whats the chiddush of Yefat Toar then? You can
have biah after giyur despite that its giyur baal Korchah.
Who cant read Parshat Zachor? Sefer Hachinuch 603: Women since they arent
drafted into the army. Minchat Chinuch + Rav Chayim Kanievsky d isagreed.
Does a Kohen go to war? Binyan Shlomo thought not; Mordechai Gittin 432 proves
from our gemaras question of Kohen with Yefat Toar that they do go to war.
When do we count two Issurim from the same pasuk as separate Lavin? Behag: If
theres different punishments (3 different lavin for 3 different mitot by ) . Rambam
[as explained by Zohar Harakia quoted in the M egillat Ester]: When one punishment is
chamur and the other is kal (punching friend and punching parent; blessing friend and
blessing God).
Why isnt buying a Kohen as an Eved Ivri isnt against the Yerushalmi that
?Total of 5 answers (the two Rebbe didnt quote I put in italics):
Mishnah Lemelech Avadim 3:8 gives 3 answers: 1) S mag: Muttar if youre
paying the Kohen. 2) Maharash Yafeh: Muttar if he isnt Meyuchas. 3) Rivash:
You can be Mishtamesh from a Kohen Am Haaretz.
Mordechai Gittin 461: Rabbeinu Tam to Rabbeinu Peter (#1): Only a problem if
hes wearing the Bigdei Kehuna. R abbeinu Tam (#2): OK if the Kohen is mochel
his kavod.
Although Rabbeinu Tam was Chozer from his first answer, A ruch
Hashulchan OC 128:67 + Rav Soloveitchik a rgue he was correct --
is only a problem when he has his Bigdei Kehunah, but
the other dinnim of Kehunah (such as issur to become tamei and )
apply without them. [Rema OC 128:45 only quotes hetter of Mechilah;
Beiur Halacha a dds hetter of ]

8

 What level issur is it to sleep with a Goyah? R an Sanhedrin 82a, and followed by the
Bach, Perisha, and Beit Shmuel EH 16:5: Issur Deoraitah.
Would you have to give up your life if it wasnt Befarhesya? O rchos Chayim: No.
Nimmukei Yosef/Shach YD 157:12: Y es.
Is it considered Befarhesya if youre living together? S hach 157:4: as long as 10
Jews know about it, its considered ;proof from Ester in Sanhedrin 74b.
If a woman is a goyah sleeping with a Jew, should we convert her despite that we know
she wont keep Taharat Hamishpacha? M aharam Shik EH 37: Yes, since Karet of
Goyah is worse than Karet of Niddah. Rebbe: No; youre being her since theres
no issur from her side to sleep with a Jew until she converts!
If a ger says hell keep all the Mitzvot but we know theres something he wont, does the
giyur work? Maharam Shik (implied): Yes. Rav Chayim Ozer (:) : No.
If in war, can you eat ?Ramban Devarim 6:11: Yes -- lechatchila! Rambam
Melachim 8:1: Only if very hungry.
What level issur does create? Tosfot 21b: Issur Asseh.
If you marry a non-Jewess, is that ishut in any way meaningful? R av Yosef Engel
quoting an Acharon: You get her Nichsei Melog. B eis Meir: Theres a din of
if shes Mezaneh. [Rebbe rejects both of these]
Shiur 72 (21b-22b)
How does Rashi defend from Tosfots kashya that Tamar was a and
therefore was muttar to Amnon? T osfot: Machalah was pregnant with Tamar before
David took her as a wife. Ritva: David was her father, but the giyur of a Yefat Toar only
works as a hetter biah, not to actually consider the mother Jewish.
Bassar Shehorah Bah Chacham: Chumrah not to eat it. R av Moshe: If its a
, its not -- just your .
Does Retziah have to be done while the Eved Ivri is still an Eved? R av Itziler
Ponovitcher: Yes -- in the last prutah of time. Chazon Ish: N o, even afterwards works
based on gemara shekalim that Beis Din would convene in Adar to be . The Eved
just has to say he wants to be a while hes still an Eved. [See main notes for the
Radashs hearot on this sugya.]
Does one have to put a Mezuzah on an attic/horizontal door? C hayei Adam: N o since
our gemara says Mezuzah by Nirtza needs to be meumad. O ther Acharonim: Yes --
just means its on its hinges.
Shiur 73 (22b)
Is the institution of kinyanim Deoraitah? S efer Chinuch 336: Y es [specifically challipin
and maot]
How high does kinyan hagbahah have to be? R ashi: 3
Tefachim. : One Tefach
Rebbes Yesod by : When you harness a , its as if its your own
maaseh in . Examples: 1) By Kinyanim, whistling to a beheimah to make it
come is a kinyan Meshicha, having an Eved tie my shoe is a kinyan chazaka, and having
an elephant jump by waving food above it is a kinyan hagbahah [Tosfot 23a] 2) By
Nezikkin, both R Yochanan + Reish Lakish agree that if I commit intentional arson, then
Im chayav and ( and its not gramma). 3) By Shabbos, Zoreh is chayav

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 when he utilizes the wind. Rebbe/Rav Soloveitchik a rgue based on this that changing
the times on a Shabbos timer isnt gramma but is as if I did the Maaseh . Grama is
only when my Maaseh didnt set in motion the melachas existence.
Rebbes Chumrah based on : Rambam says Beit Hillel is
only mattir to do melacha on Shabbos if they were already doing so from before
Shabbos; if the Melacha doesnt start until after , then its assur. [This would
make shabbos clocks and timers problematic]
If I commit arson unintentionally, am I chayav? B K 22a: R Yochanan: Y es (). Reish
Lakish: No ()
[Can elephants jump? Machlokes Tosfos 23a + Rabbi Slifkin]
BB 21a says that if fish swim into my baited net trap and someone takes those fish with
their own net, thats an issur Derabanan of Hasagas Gevul. K etzos Q: Why isnt that
Gzeilah Mamash since I was koneh them with a the moment they swam to the
bait like Tosfots case of the jumping elephant? N esivos: Kinyan Meshicha (or any
) only applies when my action leads to immediate action in response. In this
case, the fish didnt swim into my net immediately after I set it up, so I wasnt Koneh.
Shiur 74 -- (22b-23a)
The Minchat Chinuch q uotes a P
iskei Tosfot in Bechorot that Chazaka is Koneh by
Metaltelin as well. He points out this is against a befeirush gemara in G ittin 22a.
The Nesivos q uotes the Pnei Yehoshua t hat kinyanei karka dont work on
metaltelin and vice versa. The only exception is chalipin.
Does Chazaka mean the same thing in all places? P ri Megadim points out the word
Chazaka is a homonym with 6 independent meanings with nothing to do with each other.
Where does Meshicha work? What about Hagbahah? Meshicha only in a simta, tzidei
reshut harabbim, or my reshut. Hagbahah works .
Why does the Tanna Kamma think Hagbahah on an Eved Kenani doesnt work, but
Meshicha does? Rashbam BB 53b: H agbahah is abnormal here so TK thinks it wasnt
instituted. Rebbe based on Kovetz Shiurim 202: In general, doing things is
meaningless (mideoraitah), so it makes sense that the abnormal kinyan here doesnt
work. [Not sure I understood Rebbe correctly; please comment if this is lacking]
Does Hagbahah need a maaseh? No, so long as youre hands are above 3 or 1
Tefachim [Rashi/Tosfot], youre koneh without moving.
Why does the on 23a think a Kattan can be Koneh himself if a kattan generally
doesnt have mideoraitah? Rebbe: T he thinks that that a Kattan d oes have a
kinyan yad, since Yad and Chatzer are ( dont need ). When no one
owns the , hes Birshut Atzmo and is Koneh himself.
Is there a Kinyan Yad Shelo Midaato? K etzos 268:2 c laims this is talui on a
machloket Rashi and Tosfot in Kesubos 31a. Rebbe thinks of course it works
since thats the whole case of by Gittin. [See main notes for defense of
Ketzos]
Tosfot Sanhedrin 68b t hinks a Kattan/ketanna doesnt have a Yad unless
theres . The Shach CM 243:6 d isagrees and thinks a

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 Kattan/Ketanna have a Yad e ven without . Pnei Yehoshua Gittin
39a defends Tosfots understanding.
. Is Shmitah automatically mafkir my fruit or is it that I have a
mitzvah to be mafkir them? M abit/Chazon Ish: automatic. Beit Yosef: Mitzvah [this may
be the mekor that hefker exists.].
Chazara Shiurim (from Efraim Teplers Notes)
How do we ensure girls get a chelek of the Yerusha nowadays? R ema: Shtar Chatzi
Zachar (gets half as much as a boy). Rav Shlomo Zalman: Should give equal share to
daughters nowadays. Rogotchover: D ont make a takana to give equally since thats
too similar to the Christians.
Were the avos Jewish ( ?) Tosfot: No. Ramban: Yes. Rav Soloveitchik:
Partial kedushat yisrael; with each mitzvah it got increased.
Whats R Eliezer mean? He was one of the Talmidei Beit Shamai. M ekuballim:
Since well paskin like Beit Shamai during , R Eliezer paskined that way to
bring the Mashiach. R Akiva, who was his talmid, also tried to hasten the Mashiach
through the revolt. Other tannaim knew gemara Sanhedrin that Mashiach wont
come until after year 4000.
We do we kill an ox that kills a human?
Moreh Nevuchim: Its a punishment to its owner.
Ramban rejects this because we paskin even a shor shel hefker is
punished! Rather, Ox is responsible for its actions because it has enough
seichel to not kill people.

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