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Kidushin, 11

KIDUSHIN 11 - Dedicated by an admirer of the work of the Dafyomi Advancement Forum, l'Iluy Nishmas Mrs. Gisela Turkel, Golda bas Reb Chaim Yitzchak Ozer, A"H.


QUESTION: Beis Shamai in the Mishnah (2a) maintains that Kidushei Kesef must be done with at least a Dinar. Here, Rav Yosef suggests that the reason Beis Shamai only allows a woman to become Mekudeshes with a Dinar is because the Torah says that Kidushin is done with Kesef, and whenever the Torah says the word "Kesef," it is referring to a coin of the Tzuri monetary system, as Rav Yehudah in the name of Rav states.

RASHI (11b, DH u'Tenan) explains that the Tzuri monetary system includes all of the coins of silver. Therefore, the smallest denomination was a Me'ah, which was one denomination less than a Dinar (there are six Me'ah in one Dinar). Rashi later (11b, DH Hachi Garsinan) proves this from the Gemara that discusses the minimum amount needed for a claim of Modeh b'Miktzas, which is two Ma'os. The Gemara (11b) poses this as a challenge to the view that every time the Torah mentions Kesef it is referring to Kesef Tzuri. Rashi explains the Gemara's question as follows: If Kesef mentioned in the Torah means Kesef Tzuri, then it is because the word "Kesef" is understood to mean "[a coin of] silver" (which existed at the time the Torah was given), instead of translating "Kesef" as "[a sum of] money." Hence, when the Torah uses the term Kesef, it should refer to a single coin and not to two coins.

The Gemara answers that we learn from a Hekesh between "Kelim" and "Kesef" that the Torah here is referring to two silver coins. If the smallest denomination in Kesef Tzuri is a Dinar, then the minimum amount for a claim should be two *Dinarim* and not two Ma'os. (Rashi cites "Raboseinu" who have a different Girsa in the Gemara, according to which it is possible that the smallest coin in Kesef Tzuri is a Dinar, and not a Me'ah.)

Rashi (11a, DH v'Shel Divreihen), following his opinion, is bothered by a question. Why does Beis Shamai say that Kidushin must be made with a Dinar, if a Me'ah is the smallest denomination of Kesef Tzuri? Rashi answers that since the Torah teaches that a Perutah is not enough for Kidushin, it must be that the Torah requires a significant, honorable sum of money, and therefore we assume that the amount is a Dinar. (See Insights to 12:1.)

According to Rashi, why is the minimum amount of a monetary claim in a case of Modeh b'Miktzas two Ma'os? We should apply to Modeh b'Miktzas the same logic that we apply to Kidushin and say that since the Torah requires a claim of a silver coin in order to have a case of Modeh b'Miktzas, and a silver coin is more than a Perutah, therefore the claim must be a significant sum -- it should be two *Dinarim*!

ANSWER: With regard to the minimum amount required for a claim, we cannot infer from the fact that the Torah requires that the claim be more than a Perutah that it must also be a significant sum. The reason it must be more than a Perutah is because after the claim, there must remain a Kefirah (denial) and Hoda'ah (admission) of at least a Perutah in order for the defendant to make a Shevu'ah of Modeh b'Miktzas. However, for Kidushin, there is no reason for the Torah to teach that the Kesef Kidushin must be a coin larger than a Perutah other than for the reason that it must be a significant amount for the honor of the woman. Hence, once the Torah teaches that the Kesef of Kidushin cannot be a Perutah because that is not a significant amount, we know that it cannot be a Me'ah either, but instead must be a Dinar.


QUESTIONS: Rav Yehudah in the name of Rav (11a) asserts that every time the Torah mentions Kesef, it is referring to the currency of Kesef Tzuri. The Gemara attempts to disprove this assertion and to show that not every time the Torah says Kesef does it refer to Kesef Tzuri. The Gemara quotes a Mishnah (Ma'aser Sheni 2:8) that discusses "ha'Poret Sela mi'Ma'os Ma'aser Sheni" -- a person may exchange the small coins he used to redeem his Ma'aser Sheni for a large, silver Sela coin to carry with him to Yerushalayim. The Gemara asserts that from here we see that copper Perutos (which are not of the Kesef Tzuri currency) may be used to redeem Ma'aser Sheni.

(a) How, though, can the Gemara assert that the Mishnah is referring to changing small copper Perutos into a Sela? The Mishnah says explicitly "Ma'os," and Rashi (end of DH u'Tenan) explained that a Me'ah is a coin of silver that was part of the Kesef Tzuri currency!
(b) Even if the Mishnah is referring to a person who redeemed his fruits on Perutos of Ma'aser Sheni, how do we know that the person redeemed each small amount of his Ma'aser Sheni with a single Perutah? We know that Ma'aser Sheni can be redeemed on any amount of coins at a given time. Perhaps the person was Mechalel his Ma'aser Sheni on a Dinar's worth of Perutos, and that is how he has Perutos of Ma'aser Sheni! (RASHBA)
(a) The MAHARIK (#95) cited by the MELECHES SHLOMO (on the Mishnah in Ma'aser Sheni) explains that the word "Ma'os" can have two meanings. It can mean coins that are the specific "Me'ah" coins, or it can mean coins or money in general. In this Mishnah it is clear that it means money and not specific coins of Ma'os, since the Mishnah says "ha'Poret" which means that he is adding together Perutos and not Me'ah coins.

(b) The RASHBA answers that it is logical to assume that the person originally was Mechalel his Ma'aser Sheni on a single Perutah each time until he had collected a number of Perutos, because otherwise he would have been Mechalel the Ma'aser Sheni on a Dinar or Me'ah (coins of Kesef Tzuri) to begin with, in order to make it easier to carry them to Yerushalayim. He would not first be Mechalel the Ma'aser Sheni on a lot of small coins and then exchange the small coins for a large coin.

The MAHARIT and PNEI YEHOSHUA suggest another answer. The Mishnah in Ma'aser Sheni (1:2) teaches that one may not be Mechalel fruits of Ma'aser Sheni onto an "Asimon," an unstamped slug of silver. The Gemara in Bava Metzia (54a) derives this from the verse, "v'Tzarta ha'Kesef" (Devarim 14:25), which teaches that the money used for Chilul Ma'aser Sheni must have a stamped form on it. The Maharit and Pnei Yehoshua suggest that if the Torah recognizes only Kesef Tzuri as a valid currency, then Kesef Medinah would have the status of an Asimon, and it would not be permitted to be Mechalel fruits of Ma'aser Sheni on Perutos, even if one is Mechalel on a large number of Perutos together.

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