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Kesuvos 100

1) [line 13] IKA D'TOREM B'AYIN RA'AH - there are those who are stingy when giving Terumah, separating only 1/60th of their produce

2) [line 13] IKA D'TOREM B'AYIN YAFAH - there are those who are generous when giving Terumah, separating 1/40th of their produce

3) [line 14] L'HACHI AMADTICH - I estimated that you would give this amount
4) [line 19] APOTROPOS - (O.F. seneschal) steward, manager of the household (RASHI to Sukah 27a)

5) [line 21] BA'RUCHOS - the different sides of the fields (east, west, etc.)
6) [line 22] PARTA BENO SHEL REBBI ELAZAR BEN PARTA BEN BENO SHEL REBBI PARTA HA'GADOL - Parta, the son of Rebbi Elazar, who was the son of the Great Rebbi Parta, i.e. the Parta of our Gemara was the grandson of the Great Rebbi Parta (TOSFOS DH Parta)

(a) The mistaken rulings of a judge fall into two categories (Sanhedrin 33a). Ta'ah bi'Devar Mishnah means that the judge forgot an explicit Halachah. In such a situation, the judge reverses his mistaken ruling and permits what he originally prohibited, etc.
(b) The second type of mistake is termed a Ta'us b'Shikul ha'Da'as, and it involves a Halachah that is not explicit, but rather implicit. An example of this is when two Tana'im or Amora'im argue on a certain point, and the Gemara does not specify the Halachic ruling, however, the Halachah can be inferred from a Sugya elsewhere (e.g. the Gemara elsewhere follows one of the two opinions without mentioning the other one). A judge who rules like the unmentioned opinion is termed a To'eh b'Shikul ha'Da'as. He does not reverse the mistaken ruling in such a case, since it does have some basis.


8) [line 1] A'DA'ATA L'MEIFAK LEI KALA HU D'ZAVIN - he bought it assuming that a public announcement was made that the property was being sold (and he therefore assumes that no one objects to the sale and he buys the property without Achrayus -- see Background to Kesuvos 91:14)

9) [line 9] SHUM HA'YESOMIN - an appraisal and sale of land made by Beis Din to pay a debt of orphans (see Background to Kesuvos 98:1)

10) [line 26] KERAGA - head-tax
11) [line 30] BEKI'EI B'SHUMA - they are experts in appraising
12) [line 32] BENEI ACHLEI NICHSEI D'ACHRAZTA - people who consume the properties sold by Beis Din with Hachrazah (which are the properties of the needy that are sold cheaply)

13) [line 36] LI'SHEVAKIM - on market days
14) [line 37] SHICHRA - beer
15) [line 38] SHIHAYEI AD RIGLA - he kept it in his possession (i.e. he refrained from selling it) until the festival

16) [line 38] ITZATZTA - (O.F. aigror) sharpness indicating that it is about to turn to vinegar

17) [line 38] ZUZA CHARIFA - (a) a quick coin, i.e. cash (RASHI); (b) superior coins; negotiable currency (ARUCH)

18) [line 40] SICHRA - a place in Bavel near Mechoza, a large Jewish trading town on the Tigris River

19) [line 41] HA'MEMA'ENES (MI'UN)
(a) The Torah gives a father the right to marry off his daughter at any age before she is twelve years old.
(b) If she was divorced or widowed or her father died without marrying her off, the Chachamim gave the girl's mother and/or oldest brother the right to marry her off. In these cases the marriage is only mid'Rabanan and she must be at least ten years old, or at least six years old if she has an understanding of the concept of marriage.
(c) According to the RAMBAM and the RA'AVAD, in the above circumstances, the Chachamim also gave *her* the right to get married by herself. This marriage is also mid'Rabanan. According to the Rambam, she must be at least ten years old, or at least six years old if she has an understanding of the concept of marriage. According to the Ra'avad, however, her Kidushin is valid even if she has enough sense to guard the object given to her for her Kidushin (and she realizes that it was given to her for Kidushin).
(d) In the instances of marriage mid'Rabanan, before she reaches Halachic puberty and becomes a Na'arah (through the growth of two pubic hairs), she has the option of annulling the marriage through a procedure known as Mi'un (refusal). She says before two witnesses, "I do not want him," and the marriage is annulled retroactively. There is no need for her to receive a Get (a bill of divorce). A girl who is married off by her father cannot annul the marriage through Mi'un. (RAMBAM Hilchos Ishus 4:7-8)

20) [line 41] HA'SHENIYAH (SHENIYOS)
(a) In addition to the forbidden relationships (Isurei Ervah) prohibited by the Torah and punishable with Kares (Vayikra 18:6-30, 20:10-22, et. al.), the Chachamim decreed to prohibit certain relatives who are permitted mid'Oraisa. This decree of Sheniyos (lit. "secondaries") was meant to distance a person from engaging in relationships that are prohibited by the Torah. Although the Chachamim lent severity to this Isur by showing hidden inferences to Sheniyos from various verses in the Torah (Yevamos 21a), nevertheless the prohibition of Sheniyos is only mid'Rabanan. Therefore, if a man betroths a Sheniyah, his Kidushin is valid, and the resulting child is not a Mamzer as the child of an Ervah mid'Oraisa would be. If a Yevamah is a Sheniyah of the Yavam, she and her Tzarah (co-wife) must do Chalitzah and not Yibum.
(b) In some cases Sheniyos were prohibited only in a single generation, while in other cases they were prohibited in subsequent generations as well. For example, not only is one's mother's mother a Sheniyah, his mother's mother's mother is a Sheniyah as well; not only is one's son's daughter-in-law a Sheniyah, his son's son's daughter-in-law is a Sheniyah as well. The general rule is that if there is an Ervah mid'Oraisa in one generation (in the above example, one's mother or daughter-in-law) the associated Sheniyah was prohibited in all previous generations and subsequent generations as well; that is, the Sheniyah was prohibited "without a Hefsek" (RASHI to Yevamos 21a DH v'Eshes Achi ha'Av -- There are several exceptions to this rule; see Chart #6 to Yevamos 21a-22a and footnotes 2, 3.)
(c) There are those who prohibited Sheniyos based on the principle that "any relative who, as a female, is Asur as an Ervah, as a male his wife is Asur mid'Rabanan (i.e. a Sheniyah)." For example, since a man's daughter's daughter is prohibited to him, the Chachamim decreed that the daughter-in-law of his daughter is prohibited to him as a Sheniyah (GEMARA Yevamos 21b; see TOSFOS ibid. DH Lo Asru)

21) [line 41] AILONIS - a woman who is incapable of conception. This word is derived from the word "Ayil," a ram, which is a male sheep and does not have a womb (Kesuvos 11a)

22) [line 42] V'LO PEIROS - (a) these women do not receive "Din Peiros," i.e. the benefit that a wife gets from her husband in exchange for providing him with the fruits (Peiros) of her Nichsei Milug (see Background to Kesuvos 80:14), which is that he must redeem her if she is captured (RASHI, 1st explanation); (b) these women are not *repaid* for the Peiros of Nichsei Milug that the husband ate during the time that they were married (RASHI 2nd explanation)

23) [line 42] BELA'OS
(a) A woman brings into her marriage two types of possessions, as follows:

1. Possessions that the wife owned before marriage, the values of which were estimated and written in the Kesuvah, to be returned to her in full upon divorce or the husband's death. These are called Nichsei Tzon Barzel ("Iron Flock Properties") because their value does not change between the time of marriage and the time of divorce or the husband's death.
2. Possessions that were not estimated and their values were not specified in the Kesuvah. Upon divorce or the husband's death, the property is returned as is, regardless of its appreciation or depreciation (or deterioration) over the years. These are referred to as Nichsei Milug ("Properties that are Plucked"), because for the duration of the marriage the husband may take ("pluck") the produce (Peiros) of these possessions (e.g. reaping the fruit of a field, or plowing with an ox). However, he may not "use up" the property itself (e.g. by digging trenches in the field or slaughtering the ox).

(b) The Rishonim disagree as to what the term Bela'os in our Mishnah refers to: (a) RASHI (here and Yevamos 84a, 87b, Gitin 79b, Bava Metzia 67a, Nidah 12b) explains that it refers to the remnants of the *Nichsei Tzon Barzel* that the husband *did not* entirely deplete yet, such as articles of clothing that became partially worn out; (b) TOSFOS (here and in Yevamos 85a DH Bela'os and Gitin and Bava Metzia ibid.) explains that it refers to the wife's property that the husband *already depleted*; however the part that remains he must indeed return to his wife even if she is a Sheniyah etc.. Tosfos points out that the Gemara (Daf 101a) explains that with regard to a Mema'enes and Ailonis, "Bela'os" is referring to what the husband depleted either unjustly from his wife's Nichsei mi'Lug or justly from his wife's Nichsei Tzon Barzel, while with regard to Sheniyah it only refers to what the husband unjustly depleted from his wife's Nichsei mi'Lug (and not to what he justly depleted from his wife's Tzon Barzel -- see especially Tosfos Bava Metzia ibid. and RAN here).

24) [line 44] NESINAH
(a) In the times of Yehoshua, the Giv'onim (one of the seven nations whom the Jewish People were commanded to destroy upon entering Eretz Yisrael) came and presented themselves before Yehoshua as if they came from a far-off land. Since they claimed not to be residents of Eretz Yisrael, they requested to be converted and to make peace with the Jewish People. After Yehoshua agreed to accept them, it was discovered that they were one of the seven prohibited nations. Having already accepted them, Yehoshua did not want to break his oath and covenant with them (even though they tricked him and the oath was uttered in error) so as not to cause a Chilul HaSh-m. Yehoshua accepted them and appointed them to be woodchoppers and water drawers to supply the needs for the sacrificial service on the Mizbe'ach (Yehoshua 9:3-27). In the times of Moshe Rabeinu Giv'onim also came to be converted as they did in the times of Yehoshua, and Moshe also made them woodchoppers and water drawers (Yevamos 79a, based on Devarim 29:10). These people became known as "Nesinim," (from the root "Nasan," to give) since they were "given over" by Moshe and Yehoshua ["va'Yitenem..." - "And he appointed them..." (Yehoshua 9:27)] to perform the tasks of chopping wood and drawing water.
(b) The Nesinim are not permitted to marry someone who was born Jewish, just like Mamzerim. RASHI and TOSFOS (Kesuvos 29a and elsewhere) argue as to whether they are prohibited mid'Oraisa or mid'Rabanan. We find that the Gemara (Yevamos 79a) states that Moshe Rabeinu "decreed" regarding the Nesinim of his generation, and Yehoshua extended the "decree" to last as long as the Mishkan or Beis ha'Mikdash would stand. David ha'Melech later extended the "decree" to include all time, even if the Beis ha'Mikdash would be destroyed (because of the trait of cruelty that the Nesinim exhibited, which showed that they were not worthy of uniting with the descendants of Avraham, Yitzchak and Yakov). According to Rashi, these decrees were prohibitions against marriage, and as such the prohibition against marrying Nesinim is an Isur mid'Rabanan. According to Tosfos, these decrees were appointments of servitude. The prohibition against marrying them, though, is mid'Oraisa, since the Torah commands against marrying the seven prohibited nations even if they convert to Judaism (Yevamos 76a).

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