Kiddushin - Daf 61
- Clefts and rocks of ten tefachim re: hekdesh, sales, and kiddushin
It was taught in a Mishnah that if someone is makdish his field when Yovel is in effect, the field is redeemed for fifty silver shekels for each זרע חומר שעורים – area on which a chomer of barley may be planted. היו נקעים עמוקים עשרה טפחים – If there were clefts ten tefachim deep, או סלעים גבוהים עשרה טפחים – or rocks ten tefachim high, אין נמדדין עמה – they are not measured with the field to count toward a זרע חומר שעורים (rather, they are independently hekdesh and redeemed at value). If they are smaller, they are counted. The Gemara asks why they are not hekdesh as independent pieces of land, to be redeemed at the rate of fifty shekels per זרע חומר שעורים. Mar Ukva bar Chama explains that the Mishnah refers to clefts filled with water, similar to the rocks of the Mishnah, which are unplantable. Still, if they are smaller than ten tefachim, they are counted with the field (despite being unplantable), because they are referred to as “basins” and “spines” of the land, respectively. Regarding a sale, Mar Ukva said that such clefts are not counted toward the total area even if they are not filled with water, because one does not want a field that appears divided. Regarding kiddushin, the Gemara concludes that it shares the halachah of hekdesh, since the husband accepts to work the field and bring home its produce.
- תנאים derived from בני גד ובני ראובן, machlokes regarding תנאי כפול
In the next Mishnah, Rebbe Meir says: כל תנאי שאינו כתנאי בני גד ובני ראובן אינו תנאי – Any stipulation which is not doubled like the stipulation of the children of Gad and the children of Reuven, is not a valid stipulation, and not binding. Although Moshe said that if they would fight to conquer Eretz Yisroel, they would receive their requested portion in Gilead, he still added that if they would not fight with them, they would receive a portion in Canaan with the other shevatim. That Moshe had to express both the positive and negative sides of the agreement, teaches that a stipulation is only binding when it is "כפול" – “doubled.” Rebbe Chanina ben Gamliel disagrees and says that Moshe had to express the negative side to clarify that they would still receive a portion in Canaan; if he had not, it would be assumed they would be penalized and receive nothing at all. [Rashi mentions two other rules of stipulations derived from these pesukim, to which Rebbe Chanina agrees.] Rebbe Meir would respond that the words "בארץ כנען" are extra and teach that a stipulation must always be “doubled,” and Rebbe Chanina holds they are not extra.
- Challenges to Rebbe Chanina ben Gamliel from doubled stipulations in the Torah
The Gemara presents numerous challenges to Rebbe Chanina ben Gamliel’s position that a stipulation is valid without expressing the negative side. Once Hashem said to Cain: "אם תיטיב שאת" – if you better yourself, you will be rewarded, why did He add "ואם לא תיטיב לפתח חטאת רובץ" – but if you do not better yourself, sin rests at the door? According to Rebbe Chanina, the negative side is understood!? The Gemara answers that without the negative side expressed, one would think: אם לא תיטיב לא אגרא ולא דינא – if you do not better yourself, there will be no reward nor punishment, so the passuk teaches there will also be punishment. The Gemara answers similarly for why the Torah wrote "אם בחקותי תלכו" – If you follow My statutes, there will be blessings, and still added: "ואם בחקותי תמאסו" – But if you will despise My statutes, there will be curses. This answer is also given for the Torah writing "ואם תמאנו ומריתם" – But if you refuse and rebel there will be punishment, after writing that if they would obey, there would be great bounty.
