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Kidushin 9

KIDUSHIN 7-10 - Dedicated by an admirer of the work of the Dafyomi Advancement Forum, l'Iluy Nishmas Mrs. Gisela (Golda bas Reb Chaim Yitzchak Ozer) Turkel, A"H.

1) [line 1] CHUMREI PATCHAISA - (O.F. botons) buttons of tin or (O.F. fiveles) beads of glass [strung as necklaces] (RASHI)

2) [line 2] SHUCHA - a necklace
3) [line 3] HAVAH MIHAVAH - certainly give it (just give it!)
4) [line 5] CHAMRA - wine
5) [line 16] TAGA D'MALKA - [I swear by] the crown of the king!

6) [line 24] SHTAR ZEVINEI - a deed of sale
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 of the ownership of the item). A Shtar is one of the forms of Kinyanim that effects the transfer of ownership of Mekarka'in (immobile items, such as land). The seller writes the Shtar and gives it to the buyer.

7) [line 24] BITCHA MEKUDESHES LI (KIDUSHEI KETANAH) - "Your daughter is betrothed to me." The Torah gives a father the right to marry off his daughter at any age before she is twelve years old.

8) [line 27] "SADOS BA'KESEF YIKNU" - "They will buy fields with money" (Yirmeyahu 32:44)

9) [line 27] KARI BEI "YAKNU" - Read it (by vocalizing the word differently) as "Yaknu" (sell) instead of "Yiknu" (buy)

10) [line 28] HACHI NAMI KARI BEI "KI YAKI'ACH" - so, too, read the verse "when a man *gives* [a woman, i.e. his daughter] to a man as a wife"

11a) [line 29] HILCHESA NINHU - these laws are Halachah l'Moshe mi'Sinai,
b) [line 29] V'ASMECHINHU RABANAN A KERA'EI - and the Rabanan found support for them in the verses

12) [line 30] "VA'EKACH ES SEFER HA'MIKNAH; ES HE'CHASUM HA'MITZVAH VEHA'CHUKIM V'ES HA'GALUY" - "So I took the deed of the purchase (the document of acquisition, written by the seller and given to the buyer); both that which was sealed, containing the terms and conditions, and that which was open" (Yirmeyahu 32:11)

13) [line 32] MI'DA'ATO, V'HU SHE'LO BAGRAH - with his (the father's) consent, as long as she has not yet reached the age of Bagrus

14) [last line] SHETAR EIRUSIN - a document containing the words, "Harei At Mekudeshes Li" ("Behold you are betrothed to me"). One of the ways to betroth a woman is to hand her such a document (Mishnah Kidushin 2a)

15) [last line] SHE'LO LISHMAH - that was not for her sake; the document was written for one woman, but was given to create Kidushin with another woman

16a) [last line] HAVAYOS - [methods of] becoming [married; i.e. methods of Kidushin]
b) [last line] YETZI'OS - [methods of] going out (i.e. divorce)


17) [line 2] HAVAYOS L'HADADI MAKSHINAN - we compare the methods of becoming married (Kidushin) to each other

18) [line 4] BASAR D'BA'AYA HADAR PASHTAH - after he asked [the question], he then answered it

19) [line 5] V'YATZ'AH V'HAYESAH - Geirushin and Kidushin are compared to each other through a Hekesh (Kesuvos 47a, Kidushin 5a) in the verse "v'Yatz'ah [mi'Beiso; v'Halchah] v'Hayesah [l'Ish Acher]" - "And she will leave [his house (the house of her first husband)] and she will be [a wife to another man]" (Devarim 24:2). The word "v'Yatz'ah" ("and she will leave") refers to Geirushin and "v'Hayesah" ("and she will be") refers to Kidushin.

20) [line 15] SHTAREI NISU'IN - documents of Nisu'in; i.e. the Kesuvah, describing the obligations of the husband towards the wife

21) [line 16] SHETAREI PESIKTA - documents that state how much each of the in-laws agree to give for their children's marriage

22) [line 21] KE'URAH ZU SHE'SHANAH REBBI? - Is it ugly (unacceptable to you), this that Rebbi taught?

23) [line 22] NA'ARAH HA'ME'URASAH - a betrothed Na'arah (with whom a man has performed Erusin, but not Nesu'in)
(a) If someone has relations with a married woman after not heeding the warning of two witnesses, he is put to death by Chenek (choking), as it states in the Torah (Devarim 22:22). If the woman had relations willingly, she, too, is put to death by Chenek.

(b) However, in one instance the Torah prescribes a different punishment (Devarim 22:23-24). If the woman was a Na'arah Besulah Me'urasah (a *virgin*, during the *first six months* after reaching her physical maturity (Na'arus), who has been betrothed through *Eirusin* (Kidushin) but has not entered the stage of Nisu'in -- i.e. she has not moved into her husband's house yet), the man who had relations with her is put to death by Sekilah (stoning). If the woman had relations with him willingly, she too is put to death by Sekilah.

24) [line 23] SEKILAH - stoning
(a) Arba Misos Beis Din, the four death penalties administered by Beis Din, in their order of stringency are:

  1. Sekilah (stoning)
  2. Sereifah (burning with molten lead, which is poured down the throat)
  3. Hereg (killing with a sword) (Sefer ha'Chinuch #50)
  4. Chenek (strangulation) (Sefer ha'Chinuch #47)
(b) According to the Rebbi Shimon (Mishnah Sanhedrin 9:3, Gemara Sanhedrin 49b), the order of their stringency is Sefreifah, Sekilah, Hereg and Chenek.

25) [line 31] AMAH HA'IVRIYAH - a Jewish maidservant
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."

26) [line 33] ZEKUKAH V'OMEDES - she (the Yevamah) is already bound to her Yavam (by virtue of her marriage to his brother who has died) (YIBUM)
(a) If a married man dies childless, his widow must undergo Yibum (the marriage of a dead man's brother with his wife), as it states in Devarim 25:5-10. Chazal learn from the verses that there is a preference for the oldest brother to perform Yibum.
(b) If the brother chooses not to marry her, he must perform Chalitzah (a procedure in Beis Din that absolves her of the Mitzvah of Yibum - ibid.). He appears before a Beis Din of three and states, "I do not want to marry her," after which his sister-in-law approaches him before the elders, takes off his right sandal and spits in front of him. She then declares, "This is what shall be done to the man who will not build up a family for his brother," and she is then free to marry whomever she wants.
(c) The *connection* of the brother to the dead man's wife, which obligates one of the two, is called Zikah. It is comparable to the state of Eirusin (betrothal) before a marriage. The Tana of the Mishnah from Yevamos rules that the Zikah "connects" the Yevamah with all of the brothers, not only the oldest. While the Yevamah is waiting for Yibum or Chalitzah, she is called a Shomeres Yavam.

27) [line 33] "IM ACHERES YIKACH LO" - "If he takes another wife." (Shemos 21:10) - The verse states that if the master or his son (see Mechilta (Malbim and Torah Temimah), and Ibn Ezra ha'Katzar) marries the Jewish maidservant and then takes another wife, he may not diminish the entitlements of the first wife. The Gemara derives from this verse that the taking of a Jewish maidservant is comparable to the taking of a normal wife.

28) [line 36] BAR AHINA ASBERAH LI - [the sage named] bar Ahina explained it to me

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