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Kidushin 3

KIDUSHIN 2-5 - sponsored by a generous grant from an anonymous donor. Kollel Iyun Hadaf is indebted to him for his encouragement and support and prays that Hashem will repay him in kind.

1) [line 2] DARKO LIGADEL AL KOL MAYIM - (lit. it usually needs "all water" to grow) its fields must be irrigated

2) [line 2] BI'SHE'AS LEKITASO ISURO - its year of Ma'aser is determined by when it is picked (MA'ASER)
(a) After a crop that is grown in Eretz Yisrael is harvested and brought to the owner's house or yard, he must separate Terumah Gedolah from the crop and give it to a Kohen. Although the Torah does not specify the amount to be given, the Rabanan set the requirement at one fiftieth of the total crop. After Terumah is removed from the produce, one tenth of the produce that remains must be designated "Ma'aser Rishon," and given to a Levi. The Levi, in turn, must separate one tenth of his Ma'aser Rishon as Terumas Ma'aser, to be given to a Kohen, as it states in Bamidbar 18:26.
(b) The produce may not be eaten until both Terumos have been removed, and it is known as Tevel. The punishment for eating Tevel is Misah b'Yedei Shamayim.
(c) A second tithe is given every year after Ma'aser Rishon has been separated. The tithe that is separated in the third and sixth years of the 7-year Shemitah cycle is called Ma'aser Ani and is given to the poor.
(d) The tithe that is separated during the first, second, fourth and fifth years is called Ma'aser Sheni. The Torah requires that Ma'aser Sheni be brought and eaten by its owner in Yerushalayim.
(e) Alternatively, Ma'aser Sheni produce may be redeemed, in which case the money used to redeem it is brought to Yerushalayim. If the owner himself redeems the produce, he must add an additional *fifth* (of the ensuing total, or a *quarter* of the original value). The food that is bought with this money in Yerushalayim becomes Kodesh like Ma'aser Sheni and must be eaten b'Taharah. Ma'aser Sheni that was redeemed by anyone besides the owner is exempt from the additional fifth.

3) [line 4] KOY
(a) There is a Machlokes Tana'im as to which animal Chazal (Mishnah Chulin 83b, et al) refer to as a "Koy." Some Tana'im rule that it is a crossbreed between certain species of goats and deer, while others rule that is an independent species (Chulin 80a). The Koy shows signs of being both a Behemah (a farm animal) and a Chayah (a non-farm animal). The Chelev (forbidden fat -- see Background to Nazir 28:1) of a Behemah is prohibited and its blood does not need Kisuy ha'Dam (covering after ritual slaughter -- see Background to Beitzah 7:29), while the Chelev of a Chayah is not prohibited but its blood does need Kisuy ha'Dam.
(b) As a result, still other Tana'im rule that the status of a Koy is always in doubt (a Safek). This is usually the context in which the Gemara refers to a Koy, as an animal about which the Halachic status is uncertain. Because of this doubt, the Chelev of a Koy is prohibited and its blood requires Kisuy ha'Dam. (for additional Halachos regarding the Koy, see Bikurim 2:8-11)

4a) [line 5] CHAYAH - (a term usually used for wild animals) non-farm animals, e.g. deer and gazelles
b) [line 6] BEHEMAH - farm animals; livestock, e.g. cows, sheep and goats

(a) A Jew who owns a non-Jewish slave (an Eved Kena'ani) may release the slave from bondage in one of two ways: by accepting payment for the slave's release, or by giving the slave a "Get Shichrur," or bill of release (Kidushin 22b). If the slave is not released in one of these two ways, he is still considered to be a slave for all Halachic matters (such as with regard to whom he is allowed to marry and what Mitzvos he is obligated to keep.)
(b) The Mishnah (ibid.) states that the two methods of release are different. The payment must be made by others directly to the master and not to the slave ("b'Chesef Al Yedei Acherim"), while the Get Shichrur must be given to the slave himself ("b'Shtar Al Yedei Atzmo").

6) [line 15] CHUPAH
(a) The Mishnah and Gemara use the word "Chupah" in a number of places to refer to an act of Kinyan that creates Nisu'in (see Background to Kidushin 2:1:II:c). The source in the Torah for this Kinyan may be found in the verse regarding Hafaras Nedarim, "v'Im Beis Ishah Nadarah" (Bamidbar 30:11), which describes the married woman as "in the house of her husband" (RAN, Kesuvos 1a in the pages of the Rif). According to the SIFRI (Korach #117, cited by RASHI Kidushin 10b DH Zo she'Bi'asah), it is also hinted at in the verse "Kol Tahor b'Veischa Yochal Oso" (Bamidbar 18:11), which means "Any *member of the house* [of a Kohen] who is Tahor may eat it (Terumah)." In Yoel 2:16 the verse refers to a Kalah who "exits her Chupah."
(b) The Gemara never describes clearly how the Kinyan of Chupah is done. The Rishonim, in fact, offer different explanations for what exactly is meant by "Chupah."

1. The RAN (ibid.) cites the view of the GE'ONIM that Chupah means that the Chasan secludes himself with the Kalah to the absolute exception of anyone else (Yichud). (See also RAMBAM Hilchos Ishus 10:1).
2. Another opinion states that Chupah means that the woman is brought into the husband's house "l'Shem Nisu'in," for the purpose of Nisu'in in a semi-private manner. (That is, they may still be visible by others who may watch them from the outside.) (RAMBAM ibid., according to the MAGID MISHNAH end of Ishus 10:6 and the BEIS ME'IR EH 55:1.) Similarly, the RAN (Kesuvos 1a) defines Chupah as "bringing the Kalah into the Chasan's house l'Shem Ishus" (but he does not seem to require any type of Yichud) and the TUR (EH 61) defines Chupah as Yichud (but he does not seem to require that the Kalah be brought into his house -- see DERISHAH 61:1, PERISHAH 61:2).
3. Others explain that Chupah is a symbolic act which shows that the Chasan is designating the Kalah for himself and is about to bring her into his home permanently to be his wife. This act is an act of covering the Kalah ("Chofeh") in some way. For example, the Tashbetz (Tashbetz Katan #461) and the REMA (EH 55:1) describe Chupah to be a cloth or curtain spread over the heads of the Chasan and Kalah (which is what we refer to today as Chupah). The ME'IRI (Kesuvos 7b) writes that the practice was to take a corner of the head covering of the Kalah and cover the Chasan's head with it. The YAM SHEL SHLOMO (Kesuvos 1:17) writes that they covered the Kalah's head with the Chasan's Talis. TOSFOS in Yoma (13b) writes that covering the Kalah's head with the veil ("Hinuma") is Chupah (at least for a Besulah). The BA'AL HA'ITUR (Birkas Chasanim, #2) writes that Chupah means bringing her into his house once he has decorated it in her honor, or into a pretty bridal canopy.
(c) In current practice, we attempt to fulfill most of these opinions of Chupah at weddings nowadays, as the BACH (EH 61) points out. The Chasan lowers the veil over and covers the Kalah's face (Badeken), which is the Chupah according to Tosfos. They stand underneath a canopy that is spread out over the two of them. The Chasan then brings the Kalah to the Yichud room, where they eat together in a private place (REMA EH 55:1). (See also Insights to Kesuvos 57:1 for a more detailed analysis of this subject.)

7) [line 16] CHUPAH KONAH - (lit. [through] Chupah [the husband] acquires [his wife]) performing Chupah achieves the status of Kidushin (see Background to Kidushin 2:1:II:b), and is a fourth way in which a woman is "Nikneis"

8) [line 17] CHALIPIN
(a) When a person buys or sells an object, he must make a Ma'aseh Kinyan (a formal Halachically-binding act denoting the change in status). The forms of Ma'aseh Kinyan that may be used are: for Metaltelin (mobile items) - 1. Hagbahah, i.e. lifting an item; 2. Meshichah (lit. pulling), i.e. causing an item to move; 3. Chatzer, i.e. bringing the item into one's domain; 4. Chalipin (barter); 5. Mesirah, i.e. handing over the reigns of an animal or the tie-lines of a boat; for Mekarka'in (immobile items) - 1. Kesef, i.e. paying money; 2. Shtar, i.e. a legal document containing the details of the sale; 3. Chazakah, i.e. performing an act that is normally performed by an owner; 4. Chalipin (see below).

(b) Kinyan Chalipin can be performed in two ways:
1. A true barter, in which two equally-valued items are exchanged;
2. A symbolic exchange, in which an object of little value is used to acquire an object of value. This Chalipin, which is usually performed using a scarf or piece of cloth (Sudar), involves taking possession momentarily of an object that belongs to the other party in order to make a Kinyan on another object that is being transferred. (The other object is not simply handed over to the buyer to make the Kinyan either because it is not present, or because it is too large or it is unfeasible to hand it over, e.g. land.) The Gemara records a Machlokes among the Amora'im as to whether the Sudar is given by the buyer (in exchange for the object that is being acquired) or by the seller (along with the object that is being acquired). The Halachic ruling is that the buyer gives the Sudar, and in return he acquires the object that is being transferred (Bava Metzi'a 47b).


9) [line 5] SEFER KERISUS - a document that cuts [the bond between them]

(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)

11) [line 10] "[V'IM SHELOSH ELEH LO YA'ASEH LAH,] V'YATZ'AH CHINAM EIN KASEF." - "[And if he does not do these three things to her,] then shall she go out free without payment of money." (Shemos 21:11) - The three things mentioned in this verse are: 1. he (the master of the Amah Ivriyah - the Jewish maidservant) does not marry her; 2. his son does not marry her; 3. he does not accept payment for her redemption, for example, when she or her family do not have the money to redeem her.

12) [line 13] HACHI HASHTA - now, [is it] so? (the Girsa in Kesuvos 46b is *HASHTA*, without the word Hachi)

13) [line 15] KETANAH / NA'ARAH
A girl is a Ketanah (minor) until she has two pubic hairs after she enters her twelfth year. During the following six months she is a Na'arah (maidenhood). When six months elapse she becomes a Bogeres (adult).

14) [line 18] "...BI'N'UREHA BEIS AVIHA" - "[These are the statutes, which HaSh-m commanded Moshe, between a man and his wife, between the father and his daughter,] being yet in her youth in her father's house." (Bamidbar 30:17)

15) [line 18] KOL SHEVACH NE'URIM L'AVIHA - the earnings, findings, money of Kidushin, etc. of a daughter are the property of and are given to her father

16) [line 21] AMAH
A destitute father, under certain circumstances, may sell his daughter into servitude to a Jewish master as long as she is a minor. The sale is for a period of six years or until she becomes a Gedolah (when two pubic hairs grow after she enters her 12th year) or until the Yovel year (the year after seven Shemitah cycles), whichever comes first. During this period she is called an "Amah ha'Ivriyah."

17) [line 24] HAFARAS NEDARIM - annulling vows
(a) A man has the right to annul certain vows of his wife and his young daughter, as the Torah states in Bamidbar 30:6, 9, 13-14. He accomplishes this by stating, on the day that he hears the vow, "Mufar Lach" ("[the vow] is annulled"). There is an argument among the Tana'im whether the vow must be annulled before nightfall on the day the husband/father heard it, or before 24 hours pass from when he heard it (Nedarim 77a); the former is the Halachic opinion.
(b) A father may annul his daughter's vows while she is young, starting from the age at which her vows are valid (11 years old) until she becomes a Bogeres (six months after she becomes a Na'arah by growing two pubic hairs). If the father marries her off before she becomes a Bogeres, during the period of Eirusin both the father *and* the husband, or "Arus," must annul the vows in order for the annulment to be effective. After the consummation of the marriage through Nisu'in, the husband may annul the vows by himself. The father no longer has rights over her vows after her marriage, even if she is divorced before becoming a Bogeres.
(c) Nobody may annul the vows of a woman if she is an unmarried Bogeres, or if she is an unmarried Na'arah who was *once* married or who has no father. Instead, her Nedarim must be revoked through *Hataras* Nedarim (see previous entry).
(d) If the father or husband is "Mekayem" the vow even before the day is over (i.e. he upholds or endorses the vow; this is also referred to as "Kiyum" or "Hakamah"), by stating "[the vow] is endorsed," he can no longer be Mefer the vow. His wife or daughter must abide by her vow. (There is a disagreement among the Poskim as to whether the wife or daughter can remove the Neder through *Hataras* Nedarim after Hakamah, see Insights to Nedarim 69:1:a:1.)

18) [line 25] MAMONA ME'ISURA LO YALFINAN - we cannot derive the Halachos regarding monetary cases (who owns what) from Halachos that apply to Isur v'Heter (what is permitted and what is not)

19) [line 26] KENASA - a fine or penalty (as opposed to actual reparation for damages rendered) (ONES / PITUY)
(a) ONES - If a man rapes a girl (between the ages of 12 and 12 1/2, according to Rebbi Meir, or 3 and 12 1/2, according to the Chachamim; Kesuvos 29a), he must pay her father a fine of fifty Shekalim, as stated in Devarim (22:28). This amount is the equivalent of a Kesuvah (dowry) of a virgin and is in addition to the payments of Pegam, Boshes and Tza'ar (Kesuvos 39a -- see next entry). The man must also marry the girl and never divorce her, if the girl wishes to be his wife.
(b) PITUY - If a man seduces a girl (between the ages of 12 and 12 1/2, according to Rebbi Meir, or 3 and 12 1/2, according to the Chachamim; Kesuvos 29a), and the girl or her father refuses to let him marry her, or if the man chooses not to marry her, he must give the father of the girl fifty Shekalim. This amount is the equivalent of a Kesuvah of a virgin and is in addition to the payments of Pegam and Boshes (see next entry; the seducer does not pay the payment of Tza'ar -- Kesuvos 39b). If he chooses to marry her and they consent, the man is not obligated to pay anything to the girl or his father at the time of the marriage. If he later divorces her, he must give her the Kesuvah of a virgin upon her divorce (Shemos 22:16).

20) [line 28] BOSHES U'FEGAM
(a) A person who wounds his fellow Jew (Chovel b'Chaveiro), is obligated to pay five payments, i.e. four payments in addition to Nezek, which one must always pay for damages. The five payments are:

1. NEZEK (Damages; also known as Pegam) - If one causes damage to the person of a fellow Jew, such as blinding his eye, cutting off his hand or breaking his foot, Beis Din assesses the damages that he caused based on the depreciation such damages would cause to a slave on the slave market.
2. TZA'AR (Pain) - The payment for pain inflicted is evaluated as the amount that the injured person would be ready to pay to have the identical injury inflicted in a painless manner (Bava Kama 85a). Pain payments are due even if no other damage (other than the pain) was inflicted -- for example, if one person burned another's fingernail without causing a wound (Mishnah, ibid.). The amount of this payment ultimately depends upon the physical and financial situation of the injured person (RAMBAM Hilchos Chovel u'Mazik 2:9).
3. RIPUY (Medical expenses) - He must pay all medical costs until the injured person heals completely from his wounds.
4. SHEVES (Unemployment) - He must pay unemployment for the duration of the injured person's recovery. Sheves is evaluated as if the injured person is protecting a pumpkin patch from birds, a job that requires only minimal exertion and can be accomplished even by an invalid. (The money that the injured person loses due to his permanent handicap, though, is covered by the Nezek payment.)
5. BOSHES (Shame) - Boshes is evaluated based on the status of the person who caused the embarrassment and the status of person who was embarrassed. According to most opinions, the shame caused *by* an undignified person is greater than the shame caused by an average or dignified person (YERUSHALMI Kesuvos 3:8, RASHI to Bava Kama 83b, BARTENURA to Kesuvos 3:7, RAMBAM Hilchos Chovel u'Mazik 3:1, TUR Choshen Mishpat 420 and SHULCHAN ARUCH CM 420:24). Others rule that the shame caused by an *average* person is greater than the shame cause by an undignified or a dignified person (RASHI to Kesuvos 40a. The RAN rules that this is the Halachah in all cases except for Ones and Pituy, which follow the previous opinion). With regard to a person who was embarrassed, shame caused *to* a dignified person is greater than the shame that an average or undignified person suffers (Bava Kama ibid.).
(b) Pegam in our Gemara refers to the payment of Nezek (see above a:1) incurred for raping a virgin. The amount paid is equivalent to the depreciation (on the slave market) of the woman who was raped due to her loss of virginity. This is evaluated by the difference in her value before and after her loss of virginity, had she been sold as a mate purchased for a slave. (People pay slightly more to give a virgin as a mate for their slave, since their slave will be more grateful to them if he is given a virgin -- Kesuvos 40b.)

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