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KIDDUSHIN (IYUN)

Kiddushin 7a โ€” Iyun

Why a Shared Benefit Can Create a Legal Debt

Part of Kiddushin (Iyun)

Continues the sugya on kiddushin through a third party's money, exploring the Machaneh Efraim's view on dual legal connections and when a mere request creates liability.

Audio Transcript
Rambam on Reuvenโ€™s Transaction and Hana'ah

One second. Just give me, but I'm saying look at it, I'm trying to explain before we get to that another, I'm trying to explain what he how he learns. Looking at the case in itself, Reuven is doing something with Shimon, the transaction between Reuven and Shimon, and she finds herself married. How does it affect her? Like I said, he's taking taking her money, you know. Why is it her money? He never gave her. In other words, if he would give her... So you you want so I want let's let's learn and see what what what the Rambam holds. The Rambam holds like this: When Reuven gave Shimon money, because she said, and she's getting hana'ah out of that giving, that connects her to the $100 that he gives. Even to say that when he gives, Reuven gives Shimon a $100, it's as if she got, how can you say as if she got? What did she do here? Wait until I finish. She is standing here, these are two people, he gave her $100, Reuven gave Shimon $100, and she you say as if she got, how'd she get it? The

Mekadesh with Money via Shared Hana'ah

only way you could say as if she got it is if the giving between Reuven and Shimon affects her too, has something to do with her. So when you say that the Reuven giving the $100 to Shimon, that same ื ืชื™ื ื” contains two points. That same ื ืชื™ื ื” is giving her hana'ah and him the money. So that connects her to that money. That's why you could say he is mekadesh with the money. So the money so the bottom line will be like this: You're mekadesh her with the $100 you gave to the other guy. Ai, how can you be mekadesh with the $100 you gave to the other guy, what does it got to do with her? Because she has part of it. And the Rambam wants to stress that point, that's why he uses the same hana'ah in both cases. He says, ื”ืจื™ ื ื”ื ื™ืช ื‘ืจืฆื•ื ื™ ืฉื ืขืฉื”, ื•ื ื”ื ื” ืคืœื•ื ื™ ื‘ื’ืœืœื”, because he wants to say that they're both one inyan. The Rambam the question we had, why doesn't he say she got hana'ah and the guy got $100? And that is the fact is he got the $100, but he wants to say that the $100 that that guy got is one inyan of the hana'ah that she got. So how does he express it? By saying she got hana'ah and he got hana'ah. Of course he got more hana'ah, she got less hana'ah, but there is one nekudah here that comes to both. The moment you say there's one nekudah that goes to both, so she got hana'ah, so she is like extension of that getting, memila she's connected to that. Now we

Machaneh Efraim, Ritva and Dual Connection

could say that she's getting that money. And that's what the Rambam trying to tell us, that be'emet how are we mekadesh, mekadesh with the ืžืขื•ืช. How is it possible for her to be ืžืชืงื“ืฉืช with the ืžืขื•ืช that never got to her, is because that she also got hana'ah, so you have to have both. So this answers the kashya of the Machaneh Efraim, stira in the Ritva, because you takeh have to have both, but for a different reason than what we said before. The reason is in order to ืžืงืฉืจ her. The reason why the hana'ah itself can't be, that's like I said before, the same reason, because ื‘ืจืฆื•ื ื™ ืฉื ืขืฉื”. We don't look at it as if this guy gave, b'foal from this transaction she got hana'ah, we don't look at it as if it got from him. Mimela the hana'ah itself is not like he gave her hana'ah. Where? In this transaction. The moment there's hana'ah there in this transaction, which is the transaction given to that guy, mimela she has a connection. Now that she has a connection, she can be ืžืงื‘ืœ ืงื™ื“ื•ืฉื™ืŸ with that ืžืขื•ืช. And that's how she is ืžืงื•ื“ืฉืช, and that's how the arev is mishtabed. Wait, so my question was on the $100, as soon as, as soon as Reuven gave it to him, no? But you're saying that when that transaction transacted, she was already part of that. Right. How is she part of it? Because... No, because she got hana'ah that he listened to her. But his giving caused hana'ah, a lot of hana'ah. Hana'ah of $100 to this guy, that same act caused hana'ah to her, which is worth a perutah, but since it's all the same, so she's connected here. The moment she's connected, you could say the money that that guy got because of her is as if it went to her and therefore she's ืžืงื•ื“ืฉืช to this. Because of what she wanted, what she said... Because of what she want, yeah, because she wanted that money to be given to be given to him. Would that would you apply that to be the the lender and the... Yeah, arev! Yeah, yeah, yeah.

Meshuba'ad Responsibility Through Money Transfer

How does he meshuba'ad to to pay? Because we're saying as if the money that the malveh gave to the loveh, the the the lender gave to the borrower, as if he gave it to him. He's sitting on the side, he said give him. So he said! He didn't get any money. There's a transaction between Reuven and Shimon in money, and how's he? So we're saying because he has hana'ah that that guy listened to him, trusted him and gave him because he listened to him. So that puts him into part of this. Now we can consider as if the money that went to Reuv- to Shimon came to him and therefore he's responsible, he's meshuba'ad. So by money the way to get through is because you have to establish a connection, because by by by neshamot you automatically have it. But when somebody's going to be responsible for somebody else's brachah, you have to also, it's not just I'm responsible so some guy over there in case he's not going to blow shofar, I have to go over and make the brachah for. No, I have to want it, I have to establish connection. Yeah, but the moment that, but the moment that he asks to make a brachah, you make a brachah. Yeah, that's establishing a connection. Otherwise, it's just a random... But how come by if the moment I... Ask you, \"Go pay my debt,\" you have to pay my debt? I don't have to, but if I agree, I do. If I agree, then I'm acceding, and I agree. If you agree. No, you also don't. No, you don't. It's only when you when you you're you're lending on that cheshbon. If I

When a Request Creates Debt Liability

walk over to you and I say, \"You know what? I'd like you to pay I owe him money. I'd like you to pay it.\" Well, if he's standing there and gives you the money cuz I agree, then it's in. That and you agree. Right, but that question is why? Obviously, it's not pashut, because if the other way won't work, there must be something different here. If I just walk over to you, \"I owe him money, please pay for it.\" And even if you say, \"Okay, I'll pay it,\" you could change your mind tomorrow. I can't call you to beit din like, \"Oh, you didn't pay?\" Well, he has to rely on it. No, oh, he has to rely. In other words, there has to be something here that brings out this. By berachot, it doesn't have to be that way. By berachot, if I ask you for it, you could make the brachah. Because you're not dealing with a third person, you're dealing with Hashem. It's not like Hashem has to say Forget it, but yeah, what's it going to be a third person? But the idea is between us the two. Are you ื—ื™ื™ื‘ for me or not? So here you're ื—ื™ื™ื‘, and here we say the ืœืฉื•ืŸ is that the ื—ื™ื•ื‘ is on you. To say by ืžืžื•ืŸ the ื—ื™ื•ื‘ is on you stam azoy, you don't say it. You have to do something to make that ื—ื™ื•ื‘. You could always say I always think by just by making the bracha, you're doing something, cuz that's We're saying the bracha you could make because as if the ื—ื™ื•ื‘ is on you right now. Hard to say that by money, that as if the ื—ื™ื•ื‘ is on you now. Before you make the bracha, before you even say anything, the ื—ื™ื•ื‘ is on you? By the money?

Havdala and the Absence of Liability

How come by havdala it doesn't work? By havdala?

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