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Week 88 - Shabbat - 4 August 2001

KIDDUSHIN: CHAPTER 1: MISHNAH 6

Anything which takes on monetary value in place of another, since this one acquires, this one becomes obligated for its exchange. How is this so? He exchanged an ox for a cow, or an ass for an ox, since this one acquires, this one becomes obligated for its exchange. The Title of the Temple Treasury with money, and the Title of an ordinary person by hazakah. His declaration to the Temple Treasury is like his mesirah to an ordinary person.

Kehati

Our mishnah discusses acquisition through halifin, exchange. This method of acquisition is effective for movable property and for land. Currency, however, cannot be acquired by halifin, since its value lies in the imprint stamped on it, which may become effaced (see B.M. 55b). The mishnah also teaches the law of acquisition by the Temple treasury.

Anything which takes on monetary value in place of another - whose monetary value is assessed and which is then exchanged for another object. Although a buyer usually gives money for what he purchases, our mishnah teaches that if he gives something in place of money for an object which he purchases, since this one acquires - as soon as the seller performs meshikhah and acquires the buyer's article, this one - the buyer, becomes obligated for its exchange - for the object which he has exchanged for but which is not yet in his physical possession, i.e., if it is lost or stolen, he is responsible for it, since by the seller's meshikhah the buyer acquires the seller's object wherever it is, even though he has not yet made a physical acquisition. We do not say that what is given instead of money has the same law as money, and the buyer does not acquire his purchase until he performs meshikhah, since this is a case of acquisition by halifin, and the meshikhah of one is sufficient to effect acquisition of the exchanged object by the other person. How is this so - how is acquisition by halifin effected?

He exchanged an ox for a cow, or an ass for an ox, since this one acquires, this one becomes obligated for its exchange - as soon as the owner of the ox pulls the cow after him, or the owner of the ass draws the ox after him, the owner of the cow acquires the ox, and the owner of the ox acquires the ass, and become responsible for them.

The Title of the Temple Treasury - the Temple treasury acquires - with money - when money is given by the treasurer of the Temple to purchase something for Temple use it acquires the object immediately, wherever it is, and - but - the title of an ordinary person - does not acquire with money, but only - by hazakah - i.e., by meshikhah or by the other methods of acquisition taught above (mishnah 4); and if an ordinary person gives money for an object, he does not acquire it until he makes a physical acquisition.

His declaration to the Temple Treasury is like his mesirah to an ordinary person - when a person says, "This ox is an olah (burnt-offering)," or "This house shall be Temple property," the object is acquired by the Temple immediately, regardless of where it is located, and the person who consecrates it cannot retract his gift for it is the equivalent of giving an object to an ordinary person. An ordinary person, however, cannot acquire by declaration alone, but must perform meshikhah or hazakah.

KIDDUSHIN: CHAPTER 1: MISHNAH 7

All the commandments of the son on the father are obligatory for men, but women are exempt, and all commandments of a father on a son are obligatory for both men and women. And all positive time-related obligations - men are obligated, and women are exempt, and all positive commandments not time-related both men and women are obligated. And all negative commandments, whether time-related or not time-related, are obligatory for both men and women, except for "You shall not mar," "you shall not round" and "There shall none defile himself for the dead."

Kehati

Our mishnah teaches general principles regarding the commandments which women are obligated to observe and those from which they are exempt.

All the commandments of the son on the father - commandments incumbent on a father concerning his son, such as circumcising him, redeeming him if he is a firstborn, teaching him Torah, teaching him a craft, and arranging his marriage are obligatory for men - the father is obligated to perform these commandments, and women are exempt - the mother is exempt from them; since women are not obligated to perform these commandments for themselves, they are not obligated to perform them for their children (Hameiri),

and all commandments of a father on a son such as "respect" and "honor": "respect" entailing not sitting in his place, and not contradicting him, etc., and "honor" entailing helping him dress, serving him food, etc., are obligatory for both men and women - both sons and daughters are obligated to fulfill these commandments.

And all positive time-related obligations - whose observance is dependent upon a specific time, such as shofar, sukkah, and lulav, men are obligated - to perform them, but women are exempt - the Gemara derives this from their exemption from the obligation of tefillin which is learned from the proximity of tefillin and Torah education in the verses, "and you shall teach them to your sons" and "you shall tie them for a sign" (Deut. 6:7-8). Just as women are exempt from tefillin, which is a positive obligation caused by time, so are they exempt from all positive obligations caused by time.

And all positive commandments not time-related - such as mezuzah, constructing a guardrail on one's roof, returning a lost article, and charity, etc., both men and women are obligated - to perform. There are, however, positive commandments tied to certain times which are obligatory for women, for example, the eating of matzah on the first night of Passover, kiddush on Shabbat and Holidays, rejoicing on Festivals, and participating in hakhel on Sukkot (see Deut.3: 10-13). Similarly, there are positive commandments not tied to certain times from which women are exempt, like the study of Torah and the redemption of the firstborn son. Thus, the general principles in our mishnah are not absolute, and only refer to the majority of the commandments, but not to all of them.

And all negative commandments, whether they are tied to certain times - such as hametz on Passover and the performance of work on Shabbat, or whether they are not tied to certain times - such as the prohibition of helev, forbidden animal fat and the prohibition of nevelah (an animal that died of itself) are obligatory for both men and women - as it is written, "When a man or woman shall commit any sin that men commit" (Num. 5:6) - the Torah equates men and women for all punishments except for "You shall not mar" - as it is written, "nor shall you mar the corners of your beard" (Lev. 19:27), and a woman is not obligated to observe this, even if she has a beard, since the Sages learn, "your beard" - and not your wife's beard, and "You shall not round" - as it is written (ibid.) "You shall not round the corners (peyot) of your heads." A woman is not obligated, since she is excluded from "You shall not mar" she is also excluded from "You shall not round," and "There shall none defile himself for the dead" - as it is written, "Speak to the priests the sons of Aaron... There shall none defile himself for the dead among his people" (Lev. 2l;1), from which the Sages learn, "the sons of Aaron" - and not the daughters of Aaron.

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