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 17
KIDUSHIN 17 - dedicated in honor of the marriage of Yitzchak Kramer
to Naomi Katz, 2 Sivan 5761, Yerushalayim. May they be "Boneh
Bayis Ne'eman b'Yisrael"!
1) WHAT GIFT IS GIVEN?
(a) (Beraisa - R. Meir): The slave receives a gift of 5
Sela'im worth of each category (flock, grain and wine),
15 Sela'im in all;
1. R. Yehudah says, he receives 30 Sela'im, just as the
payment for a (Canaanite) slave killed by an
(established) goring animal;
(b) Question: Why must R. Meir say that the total gift is 15
(since he gets 5 of each category, clearly he gets 15!)?
2. R. Shimon says, 50 Sela'im, as the highest Erech
(assigned value, when one pledges a person's Erech
(c) Answer: He teaches that as long as the slave receives 15,
we do not care if exactly 5 was from each category.
(d) Question: From where does R. Meir learn (that he gets 5
of each category)?
(e) Answer: He learns a Gezeirah Shavah "Reikam-Reikam" from
redemption of a firstborn son.
1. Just as the redemption is 5 Sela'im, also the gift
is 5 Sela'im of each category.
(f) Question: Why don't we learn from "Reikam" written by the
burnt-offering one must bring each festival (which need
not be worth very much)!
2. Question: Perhaps the total value should be 5
3. Answer: If it would say "Reikam" after the
categories, we would indeed say so!
i. Since "Reikam" is said before, it teaches that
5 Sela'im applies to each of them.
(g) Answer: "That Hash-m blessed you" shows that the larger
amount is intended.
(h) Question: Why does R. Yehudah prefer to learn from the
payment for a gored slave?
(i) Answer: He learns a Gezeirah Shavah "Nesinah-Nesinah".
(j) Question: Why not learn the Gezeirah Shavah (on the same
words) from Erchin (Rashba - of people; Tosfos Rid - of
fields), and say that the gift is 50?
(k) Answer #1: If there are 2 ways to learn, we learn the
(l) Answer #2: It is more reasonable to learn a law about a
slave from a law about a slave.
(m) Question: Why does R. Shimon prefer to learn 50, from
(n) Answer #1: He learns a Gezeirah Shavah "Nesinah-Nesinah".
1. Question: Why not learn the smallest Erech (Rashba -
5 Sela'im; Tosfos Rid - slightly more than 1 Sela)?
(o) Answer #2: Rather, he learns a Gezeirah Shavah
"Michah-Michah" from Erchin (of people).
2. Answer: "That Hash-m blessed you" shows that the
largest amount is intended.
3. Question: Why not learn the Gezeirah Shavah (on the
same words) from a gored slave, and say that the
gift is 30?
i. If there are 2 ways to learn, we always learn
the smaller Chidush;
ii. Also, it is more reasonable to learn a law
about a slave from a law about a slave!
(p) According to R. Meir, we understand why the Torah wrote 3
categories (we learn, 5 Sela'im for each).
1. Question: According to R. Yehudah and R. Shimon, why
was this needed?
2. Answer (Beraisa - R. Shimon): One might have
thought, the gift can only be from flock, grain, and
wine - "That Hash-m blessed you" shows that other
things may be given.
3. Question: If so, why did the Torah specify flock,
grain and wine?
4. Answer: To teach - just as these increase
(reproduce), the gift must be something that
reproduces, to exclude money;
5. R. Eliezer ben Yakov says, this excludes mules.
i. R. Shimon includes mules, for they grow larger.
6. All 3 categories had to be said.
ii. R. Eliezer ben Yakov includes money, for it may
be invested profitably.
i. Had the Torah only said "flock" - one might
have thought, only living things may be given,
not vegetation - "grain" was written to include
ii. Had the Torah only said "grain" - one might
have thought, only vegetation may be given, not
living things - "flock" was written to include
2) DOES THE SLAVE SERVE HEIRS?
(q) (Beraisa): "That Hash-m blessed you" - one might have
thought, if the master was not blessed (did not prosper)
while the slave worked for him, he is exempt from giving
the gift - "Ha'anik (give a gift), Ta'anik", even if he
was not blessed.
iii. "Wine" was written - according to R. Shimon, to
exclude money, according to R. Eliezer ben
Yakov, to exclude mules (Rashi; Tosfos -
according to R. Shimon, to include mules,
according to R. Eliezer ben Yakov, to include
1. Question: If so, why does it say "That Hash-m
(r) R. Eliezer ben Azaryah says, if the master was not
blessed, he is exempt;
2. Answer: If he was blessed, he should give (more than
the minimum) according to the blessing.
1. He does not expound "Ha'anik, Ta'anik" - this is a
way of speaking, and the Torah speaks as people.
(a) (Beraisa): If the master dies, a male Hebrew slave serves
the son, but not the daughter;
3) INHERITANCE OF A NOCHRI
1. An Amah, a Nirtza, or one sold to a Nochri goes
(b) Question: From where do we know that a male Hebrew slave
serves the son, but not the daughter?
(c) Answer (Beraisa): "He will serve you 6 years" - you, but
not an heir (i.e. the daughter).
(d) Suggestion: Perhaps it means, he will not serve any heir!
(e) Rejection: "He will work 6 years" already teaches that he
serves an heir (the son).
(f) Question: Why learn that the heir he serves is the son -
perhaps it is the brother!
(g) Answer: It is more reasonable to say the son, for he
takes the place of his father to marry the father's Amah,
and to redeem a field his father made Hekdesh.
(h) Objection; It is more reasonable to say the brother, for
he takes the place of his brother in Yibum!
(i) Answer: Yibum only applies when there is no son (showing
that a son is an even better replacement (for his father)
than a brother is).
(j) Question: Why is such an answer needed - even if the
brother was better regarding Yibum, the son is better in
(k) Answer: We cannot count redemption of the field, for the
verse did not specify who is in place of his father - if
the brother was indeed better regarding Yibum, we would
not know who is better regarding the field!
(l) (Beraisa): An Amah does not serve the son or daughter.
(m) Question: From where do we know this?
(n) Answer (R. Pada): "You will do so even to your Amah" -
this equates an Amah to a Nirtza.
1. Just as a Nirtza serves neither child, also an Amah.
(o) Question: We learn something else from this verse!
1. (Beraisa): "You will do so even to your Amah" - she
also receives gifts when she leaves.
(p) Answer: If the verse only came to teach about not serving
an heir, it would say "even to your Amah";
2. Suggestion: Perhaps it rather teaches that she can
3. Rejection: "If the slave will say (that he wants to
become a Nirtza)" - and not an Amah.
1. It also says "You will do" to additionally teach
that she receives gifts.
(a) (Beraisa): A Nirtza or a slave sold to a Nochri does not
serve the son or daughter.
1. Nirtza is learned from "...he will serve him
forever" - and not his son or daughter.
(b) Question: From where do we know a slave sold to a Nochri?
(c) Answer (Chizkiyah): "He will calculate (the redemption)
with the one who bought him" - and not with the buyer's
(d) (Rava): From the fact that the Torah had to teach that
the slave is not inherited, we learn that a Nochri
inherits his father mid'Oraisa;
1. A convert does not inherit his father mid'Oraisa,
(e) A Nochri or a convert do not inherit a convert, not
mid'Oraisa nor mid'Rabanan.
i. (Mishnah): A convert and a Nochri (his brother)
inherited their father (a Nochri). The convert
can tell his brother: Take the idols, I will
take the money; take the wine used for
idolatry, I will take fruits;
2. Suggestion: If a convert inherits mid'Oraisa - even
before he receives them, they are (half) his, it
should be forbidden to trade them, for this is
benefit from idolatry!
ii. If the convert already received the idolatry or
wine, he cannot trade it.
3. Conclusion: Rather, he inherits mid'Rabanan; this is
a decree, lest the convert revert to being a Nochri
if he would not inherit.
i. Support (Beraisa): One can say 'Take the idols,
I will take the money' when splitting an
inheritance; but a partner with a Nochri may
not say this.
1. (Mishnah): Reuven borrowed money from Yisro, a
convert whose children converted with him; Yisro
died. Reuven should not return the money to Yisro's
children - Chachamim are upset if he does.
(f) (R. Chiya bar Avin): "I gave Mount Se'ir as an
inheritance to Esav" - this teaches that mid'Oraisa, a
Nochri inherits his father.
2. Contradiction (Beraisa): If he returns to them
Chachamim are pleased!
3. Answer: It their mother converted before the birth
(but they were conceived before their father
converted), it is good to return the money; if their
mother was a Nochris when they were born, it is bad
to return the money (Rashi; Ri in Tosfos learns
(g) Objection: That proof if inconclusive - perhaps a Yisrael
Mumar inherits, but not a Nochri!
(h) Correction: Rather, we learn from "I gave Ar as an
inheritance to the children of Lot".
(i) Question: Why doesn't R. Chiya bar Avin learn as Rava?
(j) Answer: It does not say 'He will calculate with the one
who bought him, not with the buyer's heirs' (there is no
necessity to say that the buyer has heirs)!
(k) Question: Why didn't Rava learn as R. Chiya bar Avin?
(l) Answer: Perhaps a Nochri normally does not inherit;
Hash-m made an exception by Lot, on account of the honor