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 26
KIDUSHIN 24-30 (9-15 Sivan) - This week's study material has been
dedicated by Mrs. Rita Grunberger of Queens, N.Y., in loving
memory of her husband, Reb Yitzchok Yakov ben Eliyahu
Grunberger. Irving Grunberger helped many people quietly in an
unassuming manner and is dearly missed by all who knew him.
His Yahrzeit is 10 Sivan.
1) ACQUISITIONS OF LAND
(a) (Mishnah): Property that has responsibility (creditors of
the seller can collect it from the buyer, i.e. land) can
be acquired through money, a document, or Chazakah;
2) ACQUISITIONS OF METALTELIM
(b) Property without responsibility (i.e. Metaltelim) is
acquired through Meshichah;
(c) Property without responsibility is acquired along with
property that has responsibility when the latter is
acquired through money, a document, or Chazakah;
(d) If Reuven can make Shimon swear regarding Metaltelim, he
can also make him swear regarding land.
(e) (Gemara) Question: From where do we know that money can
(f) Answer (Chizkiyah): "Fields will be acquired through
1. Question: A document should also be required - "It
was written in a Sefer and signed"!
(g) (Rav): Money only acquires (by itself) in a place where
people normally don't write documents; where they do, he
only acquires with the document.
2. Answer: Had it said "will be acquired" at the end of
the verse, that would be correct;
i. Rather, the verse says "will be acquired" right
after "through money", showing that money
suffices by itself; the document is merely a
proof of purchase.
1. Even where documents are written, if he specifies
that he will acquire with money alone, it works.
(h) (Mishnah): Or a document.
2. When Rav Idi bar Avin would buy land, he would
specify that he can acquire with money or the
document, according to his choice.
i. By specifying that he can acquire with money,
he could stop the buyer from retracting (once
money was given);
ii. By specifying that he can acquire with the
document if he wants, he could retract the
whole time the document was not given.
(i) Question: From where do we know this?
1. Suggestion: "It was written in a Sefer and signed".
(j) Answer: Rather, from "And I took the Sefer of
2. Rejection: We said, that document was only a proof
(that it was acquired through money)!
(k) (Shmuel): A document only acquires (by itself) regarding
a gift; by a sale, he only acquires after giving the
(l) Question (Rav Hamnuna - Beraisa): To acquire through a
document, one may write on paper or pottery, even if it
is not worth a Perutah;
1. He writes 'My field is sold or given to you' - it
takes effect (even by the sale, even before money is
(m) Answer #1 (Rav Hamnuna): The case is, he sells his field
because of its low quality (Shmuel admits, such a person
wants the sale to take effect immediately).
(n) Answer #2 (Rav Ashi): The Beraisa only speaks of a gift;
1. The document mentions 'sold' to give the receiver
more rights (e.g. he will be compensated if
creditors take the land).
(o) (Mishnah): With Chazakah.
(p) Question: From where do we know this?
(q) Answer #1 (Chizkiyah): "And dwell in the cities you took"
- you took (acquired) the cities by dwelling in them.
(r) Answer #2 (Tana d'Vei R. Yishmael): "You will inherit
(Eretz Yisrael) and dwell in it" - you will inherit it by
dwelling in it.
(a) (Mishnah): Property without responsibility is acquired
3) ACQUISITION OF METALTELIM WITH LAND
(b) Question: From where do we know this?
(c) Answer: "When...you will acquire from the hand of your
friend" - something which is acquired from hand to hand.
(d) Question: R. Yochanan holds that mid'Oraisa, money
acquires Metaltelim - how does he explain the Mishnah?
(e) Answer: The Mishnah teaches the law after the Rabbinical
(a) (Mishnah): Property without responsibility (is acquired
along with land)...
(b) Question: From where do we know this?
(c) Answer (Chizkiyah): "Their father gave them gifts...with
fortified cities in Yehudah."
(d) Question: Must the Metaltelim be on the land that they
are acquired with?
(e) Answer #1 (Rav Yosef - Mishnah - R. Akiva): The following
laws of land apply no matter how small it is: one must
leave on it Pe'ah (an unharvested corner for the poor),
one must take Bikurim (first fruits for the Kohen);
1. One may write Pruzbul on it; one may acquire
Metaltelim along with the land.
(f) Answer #2 (R. Elazar): There was a case of a man that
wanted to give a gift of much Metaltelim - he was told,
the only solution is to give them with land;
2. (Summation of answer): If the Metaltelim must be on
the land, what could be acquired with point-size
piece of land?!
3. Objection: (Rav Shmuel bar Bizna): Perhaps one stuck
a needle in the land!
4. Answer: (Rav Yosef): Surely, the Tana teaches more
than how to acquire a needle!
5. Rejection (Rav Ashi): A precious gem could be
hanging from a needle (and is acquired with the
1. He bought land - a Sela-plot - and said: 'The
northern part is given to Peloni, and with it 100
flock and 100 barrels.' He died; the gift was valid.
(g) Rejection: No - it was a large plot of land, it was as
hard as a Sela (rock).
2. Such a gift cannot fit on land the size of a Sela
(h) Answer #3 (Rav Yehudah): There was a case of a man that
wanted to give a gift of much Metaltelim; according to R.
Elazar (the Tana who holds that there are no special
acquisitions for a dying man), he was sick; according to
Chachamim, he was healthy;
1. He was told, the only solution is to give them with
land. He bought about 100 square Amos of land and
said: 'A square Tefach is given to Peloni, and with
it 100 flock and 100 barrels.' He died; the gift was
(i) Rejection: He gave coins the value of 100 flock and 100
2. Such a gift cannot fit on land the size of a square
1. Support: This must be the case - if not, he could
have given them through Chalipin!
2. Objection: It is no better to say he gave coins -
they could have been acquired through Meshichah!
i. You must say, Peloni (the recipient of the
gift) was not there to do Meshichah - for the
same reason, Chalipin was not possible!
ii. Question: Why didn't he have someone else
acquire for Peloni?
iii. Answer: He was afraid that that person would
keep the gift himself.
iv. Question: Why did they say, the only solution
is to give them with land - there was another
way, he just did not want to use it!
v. Answer: Since he did not trust anyone there,
the only solution was to give it with land.