Introduction
This mesechta deals with the laws of acquiring a wife in marriage and by extension the acquisition of other people like servants – both Jewish and kenani. Also studied in this mesechta is the acquisition of land and movable objects. All these fall under the word kinyan – which is the process used to acquire others and things.
The Acquisition of Land and Movable Objects
Paying money for land as Avrohum Aveinu did when he bought the Meoras Hamechpela establishes him as the new owner. However, movable objects would require one to lift or roll it to be considered his/hers.
The Kinyan of a Wife
The kinyan of a wife is different because it does not represent ownership of her, rather it establishes an exclusive marital bond which restricts the woman from marrying another man. The husband initiates the kiddushin and by consenting, she becomes married to him. Today at weddings the couple goes under the chupah and through the ceremony of the special blessings said, the giving of the ring, the reading of the kesuva and the yichud room, all done with witnesses, they are now married.
Marriage of a Minor Daughter
A father has the biblical authority to marry off his minor daughter until she is 12 and a half and the mother and brothers have the rabbinical authority to marry her off if the father is not there. Until that age she can protest this marriage using a process called mieun, thereby nullifying the marriage.
The Acquisition of Slaves
In this tractate as mentioned earlier we learn about the acquisition of slaves. Many laws are in place to ensure that slaves are not abused and must be treated with respect. A Jewish slave can be sold by Beis Din for him to repay a debt he incurred from theft. An eved knani acquires the mitzvos as a woman through a type of conversion when owned by a Jewish master. A Hebrew maidservant may be sold by her father until age 12½.
Last Piece of Gemara 82b
The mishna on 82A taught what trades are recommended for a father to teach his son. Rabbi NeHorai said that “I put aside every trade and I would teach my son only Torah” because every trade in the world stands by a man only in his youth since they earn him an income. However, in his old age he becomes exposed to hunger. Torah, on the other hand, will protect him in his youth and old age – in its zechus he will be provided for throughout his life because he spent his years learning torah. The verses in Yeshaya (40, 31) and in Tehillim (92, 15) testify to this. Also it says by Avrahum Aveinu “when Avrahum was old Hashem blessed him with everything” (24, 1).
The Best of Doctors Are Destined for Gehenim
There is another statement in this mishna that is of interest. It says “the best of doctors are destined for Gehenim”. Explains the marsha that they think they know it all so they don’t consult other doctors when diagnosing a patient. Why is this brought down in this mishneh? Maybe to discourage fathers from having their sons pursue that profession since they could cause patients to die by relying on their own judgment.
Parnasa, Mazel and Zechus
Another statement in the mishneh says that a person’s parnasa is based on his merit but yet it says elsewhere (Moed Katan 28A) that it’s based on mazel from the time he is conceived? The Tiferes Yisroel explains with the help of Ai that although it’s true that a person’s mazel will determine his destiny, however, zechus could break that mazel and earn for you more than mazel had to offer as a king who gives his close friends extra.