Shavyah A'nafshei - Kiddushin 65

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The Mishna stated: If a man said to a woman, “I betrothed you,” and she said, “You did not betroth me,” he is forbidden to marry her relatives, but she is permitted to marry his relatives.

Rashi explains the man is forbidden to marry her relatives because of the principle of “shavya anafshei chaticha d’issura” i.e. she has made for herself a forbidden piece; she is compelled to abide by her declaration.

There are several explanations to this: The Ketzos Hachoshen explains that this is based upon “believability.” A person is believed with regards to himself, when it is disadvantageous to him. He cites a Rashi on our Daf that this is comparable to the halachah of “the admission of the litigant is like the testimony of a hundred witnesses.”

The Terumas Hakeri says that this is not because he is believed, but rather, it is based upon the following logic: Since he knows that something is forbidden to him, it is incumbent upon him to distance himself from this. Accordingly, Beis Din is obligated to ensure that he does not violate any prohibition that according to his words he knows to be forbidden, for Beis Din acts with him in the same manner that he acts with himself.

The Shaar Hamelech quotes the Mahari Assad that the reason why one can render the object forbidden with the principle of “shavya a’nafshei” is not because he is believed in respect to himself; rather, it is because it is regarded as an oath. The witness is taking a vow forbidding himself from this particular object.

The Maharit writes that this cannot be the reason, for if so, he should be able to annul this prohibition in the same manner that one can have his oath annulled!

The Noda Beyehudah writes that “shavya a’nafshei” cannot function like an oath because it is obvious that if one says on a Monday that “today is Shabbos,” it will not be forbidden for him to perform any labor. This is because there is no believability in this case. But, if it would be like an oath, it should be forbidden for him like any other oath!

The Chasam Sofer writes that there would be the following difference in halachah based upon the different reasons: If someone would tell Beis Din something that he knows to be false. If “shavya a’nafshei” is because he is believed in respect to himself, here, where he knows it to be false, he would be able to “transgress” his words in private. However, if it is based upon an oath, it will still be forbidden to him.

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Witness to Disqualify from Kehunah - Kiddushin 63

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The Mishna stated: If a man said, “My daughter was in captivity and I ransomed her,” whether she is now a minor or whether she is an adult, he is not believed (and she will not be disqualified from the Kehunah).

The Tosfos Rid holds that in order to testify that a woman is a divorcee (and therefore she is disqualified for Kehunah), two witnesses are required, for there cannot be testimony regarding a davar she’b’ervah with less than two witnesses. The Rambam, however, maintains that one witness is believed to testify that a woman is a divorcee, or a chalalah, and based upon this testimony, she will be disqualified from the Kehunah.

The Shaar Hamelech asks on the Rambam from our Mishna. Why isn’t the father believed that his daughter was taken into captivity? Is the father any worse that an ordinary witness?

He answers that our Mishna is discussing a case where the daughter asserts that she was taken as a captive. Even in cases where we believe one witness, that is only if there isn’t any contradicting witness.

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Nullified Metzora Bird

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The Gemora (Kiddushin 57) had stated: One verse comes to include the metzora bird that is set free in the category of permitted birds. Another verse comes to include the slaughtered metzora bird in the category of forbidden birds.

The Gemora asks: Perhaps it is exactly the opposite!?

Rava answers: It is not logical to assume that the Torah said that the bird should be sent away in a matter where it will create a stumbling block (for if this would be the bird that is forbidden, someone might mistakenly find this bird and eat it, for there is no way to recognize that this was a metzora bird).

The Acharonim ask: What stumbling block would there be? The metzora bird will become nullified because of the majority of birds in the world that are permitted!?

The Shaar Hamelech answers: We are concerned that someone will find the metzora bird before it intermingles with other birds.

The Peleisi answers: The halachah is that if there is one person in the world that recognizes the forbidden item, it is not nullified, even for the people who do not recognize it. Accordingly, we are concerned that a person will be standing on the top of a mountain and will see where the metzora bird went.

Reb Shimon Shkop answers that the principle of nullification does not apply here, for all the birds in the world are not intermingled with each other in one location; rather, they are all scattered about. And even though it will be permitted, for we follow the majority and say that this one came from the permitted birds, the metzora bird does not lose its prohibited status and will therefore still be considered a stumbling block.

The Chasam Sofer answers that we are not concerned with the finder, for he will not violate any prohibition. We are concerned that the sender will violate the prohibition of outrightly nullifying a prohibition.

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Women Plowing during Shemitah

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The Gemora in Moed Katan presents a dispute between Rabbi Yochanan and Rabbi Elozar whether one would incur the thirty-nine lashes if he would plow during Shemitah.

Rashi (2b) states that there is a positive commandment which forbids plowing on Shemitah. It is written [Shmos 34:21]: From plowing and harvesting you shall desist. The point of contention between the two Amoraim is if there is a negative commandment as well.

The Rambam in Hilchos Shemitah rules that one who plows during Shemitah does not incur the thirty-nine lashes. Kesef Mishna explains: Since in our Gemora, it was left ambiguously regarding which Amora held what, we cannot administer the lashes when there is uncertainty.

Sha’ar Hamelech in the beginning of Hilchos Shemitah writes that the Yerushalmi in Shabbos (7:2) states that Rabbi Yochanan is the one who maintains that he does not receive the lashes and the rule is that when Rabbi Yochanan and Rabbi Elozar argue, the halacha is in accordance with Rabbi Yochanan.

Minchas Chinuch (112) comments that women are obligated in this mitzvah even though it is a positive commandment that has a time element to it and the principle is that women are exempt from any positive mitzvah which is governed by time. He explains that this is applicable only regarding a positive mitzvah that is incumbent on the body of the person and not a mitzvah like Shemitah, which is a mitzvah that is dependent on the land (mitzvos hateluyos ba’aretz).

Proof to this is cited from the Ritva in Kiddushin (29a). The Gemora rules based on a Scriptural verse that women are not obligated to perform a circumcision on their sons. Tosfos asks: Why is a verse necessary; circumcision is a positive mitzvah which is governed by time since the mitzvah can only be performed by day, and women are exempt? The Ritva answers: Any mitzvah which is not related to the person themselves; this principle does not apply. The mitzvah of milah is to perform the circumcision on the son and therefore women would be obligated if not for the special verse teaching us otherwise.

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Kiddushin at Night

The Mishna had stated: The monetary transaction, according to Beis Shamai, must be done with a dinar or the equivalent of a dinar.

The Gemora Daf Yomi Kiddushin 11a asks: What is Beis Shamai’s reasoning?

Rabbi Zeira answers: A woman is particular that she should not become betrothed for less than a dinar.

Abaye asks: If so, what about the daughters of Rabbi Yannai, who are generally particular not to accept kiddushin of less than three kav of gold dinars? Are you saying that if she would accept only a dinar from someone that it would not be a valid kiddushin?

Rabbi Zeira responds: If she would knowingly take this amount of kiddushin, indeed it would be valid. The case I am referring to is if she took the money at night (and was unable to see the value of the coin). Alternatively, the case is where she made a messenger to accept kiddushin for her, and did not specify how much she wants.

The Mizrachi maintains that a get given at night is Biblically invalid. Accordingly, the halachah should be that kiddushin given at night is also invalid, for kiddushin is juxtaposed to geirushin (divorce).

The Acharonim challenge this ruling from our Gemora which clearly states that a kiddushin given at night is valid!?

The Shaar HaMelech writes that our Gemora can be referring to a kiddushin where the man gave money to the woman at night, for kiddushin through money is not derived from geirushin. The Mizrachi, however, is referring to kiddushin through a document. That will not be valid if done at night, for that we derive from geirushin.

Reb Elchonon Wasserman disagrees and states that the Rishonim who assert that kiddushin through money is not learned out from geirushin only say that with respect to the act of kiddushin, and that is why kiddushin is valid with using something that is connected to the ground (even though a get of that type will be invalid). However, with respect to the validity of the kiddushin, all types of methods of kiddushin are derived from geirushin (and then the halachah of invalidating a kiddushin occurring at night can quite possible be derived from geirushin, even when it is done through money).

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