[Daf 13] Varcheshi, shibuda de'orayta,...

Question 1

Define the concept of “shibuda de’orayta”

Answer 1

Automatic creation of shibud on a person’s property when they owe money, even when it’s not explicitly stated, e.g. a milveh al peh.

Kiddushin 13b

Question 2

In the final halacha, is shibud de’orayta?

Answer 2

Yes

Meimra of R’ Pappa

Kiddushin 13b

Question 3

Le’halacha, when a loan is done verbally, can the lender collect his payment from buyers and yorshin of the borrower? Explain resaons.

Answer 3

• Yes to yorshin (shibuda de’orayta)
• No to lekuchot (takana de’rabanan to protect them)

Meimra of R’ Pappa

Kiddushin 13b

Question 4

If a man proposes with an item that belongs to the woman, does it work? She is silent.

Assume NO prior discussion about marriage between them

Answer 4

No - because she can say “in shakli ve’didi shakli”

(R’ Nachman - from the “varcheshi” sugya)

Kiddushin 13a

Question 5

Is there any situation where a man can propose with an item that belongs to the woman already, and it works?

Answer 5

Yes! If prior to the giving, there was “shidduchin” (= an agreement to get married)

(from the “varcheshi” sugya)

Kiddushin 13a

Question 6

Compare and contrast the two cases of tzifta de’assa and varcheshi.

Give two comparisons and one contrast

Answer 6

Similar
* In both cases, woman is silent
* In both cases, halacha is that we take her silence as refusal of kiddushin

Different
* Tzifta de’asa - the issue is the time gap between giving of kiddushin and proposal; Varcheshi - the issue is that the item belongs to her

Kiddushin 12b-13a

Question 7

Compare and contrast the two cases of tzifta de’assa and varcheshi.

Give two comparisons and one contrast

Answer 7

Similar
* In both cases, woman is silent
* In both cases, halacha is that we take her silence as refusal of kiddushin

Different
* Tzifta de’asa - the issue is the time gap between giving of kiddushin and proposal; Varcheshi - the issue is that the item belongs to her

Kiddushin 12b-13a

Question 8

For which amora did the Rabbis hold a memorial evening, so as not to forget his teachings?

Answer 8

R’ Assi

Kiddushin 13a

Question 9

Can land be acquired with less than a shaveh prutah?

Two parts to the answer

Answer 9

• Kessef: no
• Chalipin: yes

Kiddushin 13a

Question 10

How do we know that judges who get it wrong with gittin/kiddushin are worse than the dor hamabul?

Answer 10

Because the passuk says about them that even the fish are destroyed. In the mabul they were not.

Kiddushin 13a