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Kidushin 11

KIDUSHIN 11 - Dedicated by an admirer of the work of the Dafyomi Advancement Forum, l'Iluy Nishmas Mrs. Gisela Turkel, Golda bas Reb Chaim Yitzchak Ozer, A"H.

1a) [line 5] GANAV - thief
b) [line 6] KUVYUSTUS - (a) a kidnapper (RASHI); (b) a gambler (specifically, one who rolls Kuviyos = dice) (RABEINU CHANANEL)
c) [line 6] LISTIM MEZUYAN - an armed bandit

2) [line 7] MUCHTAV LA'MALCHUS - a slave upon whom there is a death warrant from the government that he should be killed by anyone who finds him (RASHI to Kesuvos 58a)

3) [line 14] TARKEVA D'DINAREI - a measure of a half-Se'ah of gold coins (Tarkeva = Trei v'Kav = 2 [Kabin] and [1] Kav = 3 Kabin -- approximately 3.6, 4.14 or 7.2 liters, depending upon the differing Halachic opinions)

4) [line 15] IY PASHTAH YADAH - if she stretched out her hand

5a) [line 21] KESEF TZURI - the denominations of coins used in Tzor (Tyre)
b) [line 22] KESEF MEDINAH - the provincial coinage, the value of which is one-eighth of Kesef Tzuri


If a person admits that he owes part of a claim, the Torah suspects that the person wants to temporarily postpone part of the payment but does not have the audacity to completely deny the claim. He is therefore required to take an oath, mid'Oraisa, on the part he denies (Shemos 22:8), or otherwise he must pay the entire amount being claimed.

7) [line 1] "KI YITEN ISH EL RE'EHU KESEF O CHELIM LISHMOR, [V'GUNAV MI'BEIS HA'ISH, IM YIMATZEI HA'GANAV, YESHALEM SHENAYIM. IM LO YIMATZEI HA'GANAV, V'NIKRAV BA'AL HA'BAYIS EL HA'E-IM IM LO SHALACH YADO BI'MLECHES RE'EHU. AL KOL DEVAR PESHA...ASHER YOMAR KI HU ZEH...]" - "If a man gives to his friend money (Kesef) or utensils to guard, [and they are stolen from the house of the person, then if the thief is found, he shall pay double. If the thief is not found, the owner of the house shall be brought to the judges [to swear] that he did not misuse (lit. send his hand upon) his friend's possession. In every case of liability...about which he will say that this is it...]." (Shemos 22:6-8)

8) [line 2] SHEVU'AS HA'DAYANIM - an oath imposed by the court according to Torah law if a person admits to *part* of a claim

9a) [line 3] TA'ANAH - the minimum claim made by the Mafkid (the owner of the item deposited with the trustee)
b) [line 3] HODA'AH - the minimum partial admission made by the Shomer (the trustee appointed to guard the item)

10) [line 6] MA'ASER [SHENI]
(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.

11) [line 7] HA'PORET SELA - one who exchanges [the small, copper, Perutah coins he used to redeem his Ma'aser Sheni] for [a large, silver] Sela coin (to carry with him to Yerushalayim)

12) [line 8] HEKDESH - items which one dedicates to be the property of the Beis ha'Mikdash

13) [line 10] SHE'CHILELO - that was redeemed from Hekdesh
14) [line 13] SEDEH EFRON - the field of Efron ha'Chiti that Avraham Avinu bought as a burial plot (Bereishis 23:3-20)

15) [line 17] KESEF KATZUV - a fixed amount of money

16) [line 19] CHAMESH SELA'IM SHEL BEN (PIDYON HA'BEN) - the five Sela'im of [the redemption of] the first-born son.
(a) The Torah requires that every Yisrael sanctify the firstborn male of his children, Kosher animals and donkeys, as it is written, "Kadesh Li Kol Bechor, Peter Kol Rechem bi'Vnei Yisrael, ba'Adam uva'Behemah; Li Hu." - "Sanctify to Me every first-born that initiates the womb among the children of Yisrael, among both man and beast; it is Mine." (Shemos 13:2)
(b) The Mitzvah of Pidyon ha'Ben applies to a Yisrael and not to a Kohen or a Levi. The first male born to a *mother* (who is the daughter of a Yisrael) must be redeemed by his father (as stated in Shemos 13:13, "v'Chol Bechor Adam b'Vanecha Tifdeh." The Bechor must be redeemed when he is one month old by giving five silver Shekalim of Kodesh (each of which weighs 19.2 or 17 grams; see Midos v'Shi'urei Torah, C. P. Benish, Benei Brak, 5760, pp. 487-488) to a Kohen as stated in Bamidbar (18:16). This applies only if the son was the first issue (i.e. he was not preceded by a Nefel -- stillborn) and was delivered through the womb (i.e. he was not delivered by Caesarian section). (Sefer ha'Chinuch #392)
(c) A number of reasons are given for this Mitzvah. One reason is that HaSh-m wanted to give us merit by having us perform a Mitzvah with the first produce of our efforts so that we should realize that everything is His. A person comes to this understanding when after all his toil he takes these first products, which are as dear to him as the apple of his eye, and gives them to HaSh-m. Another reason for this Mitzvah is to remember the great miracle that HaSh-m did for us by killing the firstborn of Egypt. (Sefer ha'Chinuch #18)

If one's ox kills an Eved Kena'ani (a Canaanite slave), thirty Shekalim are given to the master of the slave, as stated in Shemos 21:32 (see Background to Gitin 42:6).

18) [line 20] 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 Background to Kidushin 3:28). 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 Background ibid.; 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).

19) [line 21] MOTZI SHEM RA
If a man marries a Na'arah (12 year old girl who has attained physical maturity) who is a Besulah (a virgin who was never married in the past) and, after the Chupah is performed, he falsely accuses her of committing adultery and losing her virginity prior to the Chupah, he receives Malkos (lashes) for his slanderous speech (Devarim 22:18). He must also give her father 100 Shekalim and never divorce her against her will (ibid. 22:19).

The five Shekalim for the Pidyon ha'Ben, the thirty Shekalim for the slave, the fifty Shekalim of Ones or Pituy and the one hundred Shekalim of Motzi Shem Ra are all Shekalim of Kesef Tzuri, the denominations of coins used in Tzor (Kidushin 11b, Bechoros 49b; see Background to Kidushin 8:9).

21) [line 23] HA'TOKE'A L'CHAVEIRO - (lit. one who blows to [the ear of] his friend)
Ha'Toke'a l'Chaveiro refers either to making a loud noise in someone's ear, or to hitting a person near or on his ear (see RASHI). The Rabanan instituted that a Sela be paid to the victim for the shame (Boshes) that he experiences. The Sela in this case is not the Sela Tzuri, but rather a Sela Medinah (see next entry).

22) [line 26] ISTIRA - a silver coin which was equal to a Sela Tzuri (see Midos v'Shi'urei Torah, C. P. Benish, Benei Brak, 5760, pp. 433-434). However, people called the Sela Medinah (an eighth of a Sela Tzuri, or half a Zuz/Dinar as there are four Zuz/Dinar in a Sela Tzuri) an Istira.

23) [line 29] "V'HEFDAH" - "He shall let her be redeemed." (Shemos 21:8) - The use of the word "v'Hefdah," involving the master in her redemption, and not the word "v'Nifdis" ("and she shall be redeemed"), implies that he must play a role in her redemption by subtracting the amount of money for the years that she has served him.

24) [line 29] MEGARA'AS MI'PIDYONAH V'YOTZ'AH (AMAH IVRIYAH - a Jewish maidservant: GIRA'ON KESEF)
(a) 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."
(b) Another way that an Amah Ivriyah goes free is through Gira'on Kesef. At any time during her term, she or someone else may pay her master the money remaining from the sum that the master paid for her, prorated to the amount of time that she worked.

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