Hot answers tagged

11

The Talmud searches for Beit Shammai's reason on Kiddushin 11a. The first suggestion, that of Rav Zera, is that an average woman thinks she is important enough to not accept anything less an dinar for kiddushin. The gemara asks, according to this, it should be completely subjective based on the individual girl. The answer is that this rule applies in a case ...


7

The author of בכור שור is Rabbi Alexander Sender Schor (1673-1737), author of Simlah Chadasha. He wrote בכור שור on many masechtos of Shas, including Kiddushin. All of בכור שור may be found in this sefer; the commentary to Kiddushin starts on page 444. I checked the first comment on דף ב, and it seems to match the commentary quoted in the ילקוט מפרשים (in ...


6

Ma'ayaneh Shel Torah quotes the The Chiddushei HaRIM that when Dama ben Nesina lost a huge sum of money because he was honoring his father, it created a Heavenly Accusation against the Jewish people. By giving him a red heifer, G-d showed that while a non-Jew was willing to lose a large amount of money for a Mitzvah that makes sense, the Jews were willing ...


5

I suspect you're not aware what is involved in the sale of a daughter. The daughter is not sold into slavery. She is essentially being given up for adoption, to use a modern parallel. The aim of the sale is to have her marry the buyer or one of his sons. If, by age 12, they have not gotten married, she's free and goes back home. (Though she works for a ...


4

The parallel Chazzal to this is found in Rus Rabba 7 11. There the Eitz Yosef explains that the function of this kinyan was actually a ruse to ensure witnesses. He says the barrel of treats was smashed which brought all the children to come gather them. They in turn would remember what had transpired being that children have good memories, as it says ...


4

Hazaka only works with the original owner's consent. Rambam, Laws of Sales Chapter 1: א,ז [ח] כיצד בחזקה: מכר לו בית או שדה, או נתן אותן מתנה--כיון שנעל או גדר או פרץ כל שהוא, והוא שיועיל במעשיו--הרי זה קנה. א,ח במה דברים אמורים, בשהחזיק בפני המוכר. אבל שלא בפני המוכר או הנותן, צריך שיאמר לו לך חזק וקנה; ואחר כך אם החזיק--קנה, אף על פי שאינו ...


1

I will tray to give a different response (see my 2 comments above). A first step is to talk about the topic with a minimum of technical terms. A deed of acquisition is generally a symbolic act, a speaking act. When mister A acquires an object Ob. from Mister B, there is a kind of scenography: from the hand of mister B to the hand of mister A, from his ...


1

"that if you publicly use property long enough without anybody objecting, it's yours even if you can't show proof of a transaction." There actually is such a concept in Halacha. It's also called "Chazaka", here in its common meaning of "legal presumption". That is, if you can prove that you used the land for three years in a row, you do not need to prove ...


1

It would have been easy to answer according to Rashi in Ki Sisa 32 2 who says the reason Aharon told the men to take the jewelry from their wives and children was because he knew the women and children would not easily part with their beloved jewelry, and he was looking to stall the men. From this we could have said the action, or inaction of the women was ...


1

The Malbim's commentary on Ruth reads the Yerushalmi as you did. The oldest mechanism was chalipin (symbolic transaction); then they went to ketzatza (smash piñata in front of the town); then finally settled on kesef, shtar, chazaka. I would figure it worked like situmta/tkias kaf, i.e. whatever mode of execution is normal and customary.


1

The first question is pretty easy -- Jewish status is entirely matrilineal. Mom's Jewish? Child is Jewish. Mom's not? Neither is the kid. So if mom is an asufi, the same would apply to her children. Makes no difference who the dad is. (There's only one safek here -- is mom Jewish or not. The safek about dad is irrelevant.) Second question: you mean ...


1

According to rashi in this weeks parsha, in his second explanation of para aduma from rabi Moshe hadarshan, the para aduma comes to fix the mess from the eigel, just like the maidservant who cleans the mess in the palace that her child made. Accordingly, the para aduma is representative of a good relationship between parent and child. Mr. Nesina was treated ...



Only top voted, non community-wiki answers of a minimum length are eligible