BACKGROUND ON THE DAILY DAF
brought to you by Kollel Iyun Hadaf of Har Nof
Ask A Question on the daf
Previous daf Kidushin 13
KIDUSHIN 13 (27 Iyar) - Dedicated by Gitle Bekelnitzky in honor of the
Yahrzeit of her father, Zev ben Ephraim v'Chaya Krause
1) [line 5] KASHU VAH - they had difficulty with it (the preceding Sugya)
2) [line 5] PUM NAHARA - the name of a place in Bavel, at the mouth of a
river (Pum = mouth; Nahara = river), whose inhabitants were impoverished
3) [line 8] MISBEREI - they break
4) [line 10] PARICH RAV ACHAI - Rav Achai challenged [Rav Huna brei d'Rav
5) [line 15] CHUSHU LAH - you must be concerned for it (Rav Huna brei d'Rav
Yehoshua's assertion) [and consider the woman to be married out of doubt]
6) [line 16] VARSHECHEI - (a) (O.F. bendels - a bundle or the belt or
tie-rope used to make a bundle of some item) bundles of silk (RASHI to Bava
Metzi'a 51a); (b) [strings of] pearls (RABEINU CHANANEL); (c) (O.F. frontal)
golden frontlets, which are ornamental plates that cover the forehead from
ear to ear (RABEINU GERSHOM)
7a) [line 21] GEZEL - robbery (overt stealing)
b) [line 21] CHAMAS - extortion (snatching an article and forcing the owner
to accept money for it)
c) [line 21] GENEIVAH - theft (clandestine stealing)
8) [line 37] KI NACH NAFSHEI D'RAV ASI - when Rav Asi passed away
9) [line 37] AILU RABANAN L'NAKUTIN'HU LI'SHEMA'ATEI - the Rabanan came up
into the study hall to gather together his teachings (so they not be
10) [line 41] 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).
11) [line 42] TIV - the [legal] form [of Gitin and Kidushin]
12) [line 44] "ALOH V'CHACHESH V'RATZO'ACH V'GANOV V'NA'OF PARATZU, V'DAMIM
B'DAMIM NAGA'U." - "Making false oaths and lying and murder and theft and
adultery have broken out, and blood has met with blood." (Hoshea 4:2)
13) [line 45] "AL KEN TE'EVAL HA'ARETZ, V'UMLAL KOL YOSHEV BAH, B'CHAYAS
HA'SADEH UV'OF HA'SHAMAYIM, V'GAM DEGEI HA'YAM YE'ASEFU." - "Because of this
shall the land be destroyed, and all who live in it shall be distraught,
with the beasts of the field and the birds of the skies, and the fish of the
sea shall also be destroyed." (Hoshea 4:3)
14) [line 47] CHARAVAH - dry land
15) [last line] "...KI MIPENEI ALAH AVLAH HA'ARETZ..." - "...it is because
of making false oaths that the land shall be destroyed..." (Yirmeyahu 23:10)
16) [line 2] HA'ISHAH SHE'HEVI'AH CHATASAH (KORBANOS YOLEDES)
(a) In Vayikra 12:1-8 the Torah discusses the laws of Tum'ah and Taharah
after childbirth. After a woman gives birth, she must wait for a certain
amount of time before she can enter the Beis ha'Mikdash or eat Kodshim. That
time period is divided into two stages: 1. During the initial stage, she has
the status of a Nidah (even if she had not seen any blood). If she gave
birth to a male, this lasts for seven days. If a female was born, this stage
lasts for two weeks. At the end of this period, she may go to the Mikvah
after nightfall. After she has gone to the Mikvah, she is permitted to eat
Terumah, if she is the wife of a Kohen. 2. During the second stage, any
blood that she sees does not give her the status of a Nidah as it normally
would. The blood that she sees during this period is called Dam Tohar.
Nevertheless, during this period, she may not eat Kodshim or enter the Beis
ha'Mikdash. This lasts for thirty-three days for a male, and sixty-six days
for a female. Thus, the total waiting period for a male is forty days and
for a female, eighty days.
(b) At the end of the above two stages, the woman may eat Kodshim and enter
the Azarah of the Beis ha'Mikdash only after she brings a Korban Yoledes.
Until then she is a Mechuseres Kaparah (see Background to Nedarim 35:9). As
such, in order to stand alongside her Korban while it is being offered, she
may only enter as far as the archway of Sha'arei Nikanor (see Background to
Sotah 7:8b). Her Korban includes a male sheep as an Olah and a Tor
(turtledove) or a Ben Yonah (common dove) as a Chatas. If she could not
afford a sheep, she brings 2 Torim or 2 Benei Yonah, one as an Olah and one
as a Chatas. (The current practice is to consider a woman a Nidah even
during the period of Dam Tohar -- see Insights to Nidah 25a.)
17) [line 6] SHI'ABUDA - a lien on one's property due to a debt incurred
18) [line 10] MILVEH AL PEH GOVEH MIN HA'YORSHIN - Rav and Shmuel argue with
Rebbi Yochanan and Reish Lakish regarding whether or not a debt which was
not written in a contract can be collected from the debtor's heirs if he
dies. This Machlokes, our Gemara explains, is the same as the Machlokes
whether or not there is automatically a lien on the debtor's property
19) [line 11] LEKUCHOS - buyers (of land from the debtor)
20) [line 14] MILVEH KESUVAH BA'TORAH
There is an argument whether a monetary obligation arising from a biblical
law (such as payment for damages, Erchin, or Pidyon ha'Ben), is as binding
as if it had been written in a contract. If it is as binding, the payments
can be collected from the inheritors.
21) [line 22] LEIS LEI KOLA - (lit. it has no voice) the information [about
the debt] will not become well known
22) [line 25] HU ASARAH V'HU SHARASAH - he (the husband) made her prohibited
(to other men by marrying her), and therefore he permits her (to marry other
men, with his death, as well)
23) [line 31] ALMANAH L'CHOHEN GADOL
(a) The Torah (Vayikra 21:14) commands a Kohen Gadol not to marry a widow
(Almanah), divorcee (Gerushah), prostitute ("Zonah" -- see Background to
Gitin 79:22) or Chalalah. An ordinary Kohen is permitted to marry a widow,
but not any of the other women listed above. The child from one of the
above-mentioned unions is invalidated from the Kehunah, and is called a
"Chalal." The Rabanan also prohibited all Kohanim from marrying a Chalutzah
(see Background to Gitin 80:4), and made the children of a Kohen from a
Chalutzah Chalalim mid'Rabanan.
(b) A Chalal may not serve in the Beis ha'Mikdash, and according to some
sources he is Chayav Misah b'Yedei Shamayim if he does (MINCHAS CHINUCH
275:5). A Chalal does not eat Terumah or the Kodshim reserved for Kohanim
(Terumos 8:1), and is not restricted with regard to the women that he is
allowed to marry. Chalalim are not prohibited from coming into contact with
corpses. Chalalim are not considered Kohanim with regard to the other
privileges and restrictions pertaining to Kohanim, as well.
(c) A widow, divorcee or prostitute who has relations with a Kohen Gadol,
and a divorcee or prostitute who has relations with a regular Kohen, becomes
a "Chalalah." Female children born through such a union are also Chalalos.
Also, any Jewish woman who has relations with a Chalal becomes a Chalalah
(even though she is permitted to have relations with him).
(d) A Chalalah is prohibited to marry a Kohen. If she does marry (and have
relations with) a Kohen, the Chalalah and the Kohen are punished with
Malkos. A Chalalah may not eat Terumah. Although a Jewish woman who has
living children from a Kohen normally eats Terumah, if she becomes a
Chalalah she may no longer eat Terumah. Similarly, although the daughter of
a Kohen normally eats Terumah until she becomes married to a non-Kohen, if
she becomes a Chalalah she may no longer eat Terumah (Yevamos 69a).
(e) There is a Mitzvas Aseh for a Kohen Gadol to marry a Besulah (Vayikra
21:13). If he transgresses this Aseh and marries a Be'ulah (who is not an
Almanah), the Tana'im argue as to whether the woman becomes a Chalalah and
whether the child is a Chalal.
24) [line 35] ALAMAH - why
25) [line 37] PESULEI HA'MUKDASHIM
(a) Pesulei ha'Mukdashin are Korbanos that became unfit to be offered upon
the Mizbe'ach because of a Mum (blemish). After they are redeemed, it is
still forbidden to work with them ("Avodah") or to shear them ("Gizah"). The
milk they produce is also forbidden. They are only permitted to be eaten
after being slaughtered (Bechoros 15b).
(b) The Mishnah in Bechoros (5:1) states that Pesulei ha'Mikdashin may be
sold in the marketplace and weighed with a Roman Libra, a pound. These acts
are normally considered unfitting for Kodshim, and are prohibited to be done
to a Bechor
26) [line 38] ME'ILAH
(a) It is forbidden to derive personal benefit from anything that is
Hekdesh, as the Torah states, "Lo Suchal le'Echol b'Sha'arecha...u'Nedarecha
Asher Tidor" - "You may not eat in your settlements...and your pledges [to
Hekdesh] that you will pledge" (Devarim 12:17) (RAMBAM Hilchos Me'ilah
1:1-3; see Insights to Me'ilah 2:1). The minimum amount for which one
transgresses this prohibition is a Perutah's worth of benefit.
(b) If someone benefited from Hekdesh intentionally, he receives Malkos and
must pay to Hekdesh the amount that he benefited. However, the object from
which he benefited remains Hekdesh.
(c) If someone benefited from Hekdesh unintentionally, the object loses its
Kedushah. He must bring a Korban Me'ilah and repay Hekdesh the value of his
benefit plus an additional *fifth* (of the ensuing total, or a *quarter* of
the original value). This is true of any object that has Kedushas Damim
(i.e. it's value is consecrated to Hekdesh). An object that has Kedushas
ha'Guf (i.e. an object with intrinsic Kedushah, such as the utensils used in
the Beis ha'Mikdash or a live Korban that is used in the Beis ha'Mikdash "as
is") does not lose its Kedushah under any circumstances (Rosh Hashanah 28a).
(d) The Lav of Me'ilah applies to the entire body of an animal that is
*Kodshei Kodashim*, from the time that it is sanctified. After its blood is
cast on the Mizbe'ach, the Lav of Me'ilah only applies to the Eimurim of the
animal (i.e., to the parts of the animal that are offered on the Mizbe'ach).
Those Korbanos the parts of which the Kohanim may eat are no longer called
"Kodshei HaSh-m" (Vayikra 5:15).
(e) The Lav of Me'ilah does not apply to *Kodshim Kalim* while they are
alive since they are the property of their owner and are not termed "Kodshei
HaSh-m." After their blood is cast on the Mizbe'ach, the Lav of Me'ilah
applies to the Eimurim (just as in Kodshei Kodashim) since they become
Kodshei HaSh-m. (See chart to Me'ilah #1)
27) [line 38] ASIREI B'GIZAH V'AVODAH
It is forbidden to shear or work with an animal that is Kodesh, as is
learned from Devarim 15:19. Even if the animal develops a Mum (a blemish
that invalidates it), this prohibition remains, as Chazal learn in Bechoros
15a, from the verse in Devarim 12:15.
28) [line 38] PARKINHU - once they have been redeeme