Tuesday, November 4, 2008

Tuesday's Thoughts on the Daf - Kiddushin 27

Kiddushin 27 continues an ongoing discussion of kinyan agav karka (transactions where a movable object is transferred as part of the sale of real property).

In discussing two general rules related to shtaros, Rabba Bar Yitzchak mentions the following scenario - a person tells two people to accept property on behalf of another and draw up and give the buyer a document which will serve as documentary proof that the property was sold to him. The two people who had been instructed by the seller are then koneh the karka by way of chazakah and then draw up the shtar, but have not yet given the shtar to the buyer. Rabba Bar Yitzchak teaches that the seller may tell the two people not to give the buyer the shtar, but he cannot revoke the sale of the property once they have acquired it through chazakah.

Tosafos (d'h Chozer) asks the obvious questions - what advantage is it to the seller that he can cause the shtar not to be given to the buyer if the property is still transfered regardless? Tosafos answers that the shtar has a "kol" (voice) and that people will more readily learn that the property has been sold if a shtar is prepared. Why is this significant? Because if people learn that he is selling his assets, they may assume that he has become impoverished and will be less likely to lend him money if he needs it. Shades of the modern credit reports/scores?

In teaching the concept of gilgul shevuah on Kiddushin 27b, the gemara makes reference to the gilgul shevuah by a Sotah in which she states (in response to an instruction by the Kohen) "Amen, Amen." The gemara learns out that she is saying amen to numerous things including that: she accepts the punishment which would come had she been unfaithful; she swears that she was not unfaithful; she accepts that this applies to the man who was the subject of the kinui; she accepts that it is applicable to other men; she affirms that she was not a sotah while engaged (arusah), married (nesuah), awaiting yibum or already had undergone yibum.

Tosafos (d'h Amen) asks - since she only says amen twice, how can it apply to all these matters? Tosafos answers that that one amen covers all the eventualities which are the subject of the biblical verses - she accepts the punishment, affirms she was not unfaithful, whether with the man who was the subject of the kinui or any other man. The second amen then teaches that she accepts that the shevuah will also include the time that she was an arusah or awaiting yibum (which was not the subject of the verses).

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