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Previous daf 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
(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
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
5) [line 9] SHICHRUREI AVADIM (SHICHRUR EVED KENA'ANI)
(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
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).
(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.)
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.
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
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]
10) [line 7] HA'AV ZAKAI B'VITO B'KIDUSHEHA
(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
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
(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
(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
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.
(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 --
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
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.).