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Previous daf Kidushin 18
1) [line 4] YISRAEL MUMAR - (a) a Jewish apostate, a person who does not
keep the laws of the Torah a Min, (b) a Jewish infidel or idolater. (See
2) [line 23] KEFEILO (TASHLUMEI CHEFEL - a thief's double restitution)
(a) If a thief surreptitiously steals an object from a fellow Jew, and is
found guilty of the theft in court based on the testimony of valid
witnesses, he must return the object (if it is still in its original state)
or its value (if it is not) to its owner (Vayikra 5:23). In addition, the
thief is obligated to pay the victim of the theft the value of the stolen
object a second time. Restitution of the value of the stolen object is
called "Keren," and the additional payment is known as "Kefel."
(b) Only a thief ("Ganav") who steals surreptitiously pays Kefel, and not a
robber ("Gazlan"), who brazenly burglarizes and takes the possessions of
others by force. Chazal explain that the Torah punishes a thief more
stringently than a robber because of the disrespect he shows for the Creator
by taking care to avoid the eyes of man, while not being bothered in the
least by the eye of the One Above that is constantly watching (Bava Kama
(c) A thief does not pay Kefel unless he makes a "Kinyan," an act of
acquisition, on the object that he steals (e.g. by lifting it up, bringing
it into his own property, drawing it towards himself in a semi-secluded
area, etc.). If he simply broke or ruined another person's object without
making a Kinyan on it first, he is not considered to be a "Ganav" but a
"Mazik" ("one who causes damage"), and he does not pay Kefel.
(d) A thief does not pay Kefel if he steals Shtaros (bills of ownership or
promissory notes). Most Tana'im hold that a thief does not pay Kefel if he
steals land or slaves (Bava Kama 117b).
(e) Kefel, like any other payment that involves over-compensation for a
monetary loss, is considered a "Kenas" (penalty) rather than "Mamon"
(compensation). As is true of every Kenas, a thief does not have to pay
Kefel if he admits to his theft of his own accord. Only if witnesses testify
to his guilt in court must he pay. If he admits to the theft of his own
accord, and later witnesses testify to his guilt in court, the Amora'im
argue as to whether or not he must pay the Kefel (Bava Kama 74b-75a -- he is
exempted from payment, according to the lenient opinion, only if his
admission took place under specific circumstances). Until he is obligated to
pay the Kefel in court, the thief is fully exempt from paying Kefel, and
does not even have a moral obligation to pay it on his own accord (RASHBA
Bava Kama 74b, see also RAMBAN in Milchamos at the end of the third Perek of
(f) If a thief can make restitution of the Keren but not the Kefel, he is
not sold as a slave to pay back the Kefel.
3) [line] ZEMAMO (EDIM ZOMEMIN)
(a) If two witnesses testify to a crime or an event and a later set of
witnesses contradict their testimony by saying that the crime or event did
not take place exactly as the first set of witnesses testified, all of the
witnesses are termed Edim Mukchashim (contradictory witnesses), and Beis Din
cannot use either testimony.
(b) If, however, two witnesses testify to a crime or an event and a later
set of witnesses *disqualify* their testimony by saying that the first set
of witnesses were with them in a different place at the time that the first
set of witnesses claim that the act took place, the first witnesses are
termed Edim Zomimin (conspiring witnesses). The Torah commands that the
second set of witnesses be believed, rather than the first. In general, Edim
Zomemim are punished with the punishment they tried to cause. (Devarim
19:16-21; see MISHNAH Makos 5a)
(c) If Edim Zomemim testify that a person stole money and they do not have
the money with which to pay the amount that they were trying to obligate
him, they are not sold as slaves to pay their debt.
4) [line 29] GENEIVO ELEF V'SHAVEH CHAMESH ME'OS - his theft had a value of
1000 Dinerin while he is valued (as a slave) at 500 Dinerin
5) [line 39] D'CHASAVNA LEI SHETARA A'DAMEHA - that she writes him a
promissory note for the outstanding value of her service as an Amah Ivriyah
6) [line 39] NAKIT MARGENISA B'YADEI - he is holding a gem (the Amah
Ivriyah) in his hand
b) [line 40] YAHIVNA LEI CHASPA? - does she substitute a potsherd (the
promissory note) for it?
7) [line 41] PEGAM MISHPACHAH - discredit of the family
8a) [line 46] ISHUS - marriage
b) [line 46] SHIFCHUS - servitude (as an Amah Ivriyah)
9) [last line] "...B'VIGDO BAH" - "[If she pleases not her master, who
[should have] designated her for himself, then shall he let her be redeemed;
he has no power to sell her to a foreign nation,] seeing he has dealt
deceitfully with her." (Shemos 21:8) - The word "Bigdo" can be understood in
two different ways: "his garment" and "his disloyalty."
10a) [line 1] KEIVAN SHE'PIRES TALISO ALEHA - once he has "spread out his
garment over her" as her husband
b) [line 3] SHE'BAGAD BAH - he acted towards her with disloyalty
11) [line 4] YESH EM LA'MASORES / YESH EM LA'MIKRA
(a) Some words in the Torah, based on the Mesorah (the authoritative
"Tradition"), are read differently from the way that they are written. There
is no question how the verse is to be read when reading the Torah, since the
Mesorah specifies a certain way of reading it. However, the Tana'im argue
over how to learn Halachos from such verses. "Yesh Em la'Masores" means that
we learn Halachos from the verse based on the way it is written; "Yesh Em
la'Mikra" means that we learn Halachos from the verse based on the way it is
(b) For example, according to the Mesorah, the word "b'Vigdo" is written
without a "Yud," implying a pronunciation of "b'Vogdo" (disloyalty, as in
the word Boged - traitor), which is not the way that we read it. We
pronounce the word as "b'Vigdo," as in "va'Tispesehu b'Vigdo" - "she caught
him by his garment" (Bereishis 39:12).
12) [line 6] YI'UD
The Torah gives to the master of a Jewish maidservant the option of being
Mekadesh her through a procedure called "Yi'ud." The Kidushin takes effect
through the money that he initially gave to her father when he purchased
her, as described on Daf 19a.
13a) [line 6] NISU'IN - the stage of completion of the marriage, in general
connoting that the husband brings his wife into his house (see Background to
b) [line 7] EIRUSIN - betrothal, the stage of marriage known as "Eirusin"
in the Torah (Devarim 22:23), that was given the name "Kidushin" by the
Rabanan to denote that through this act, the husband prohibits the wife to
the entire world, just as Hekdesh (a sanctified object) is prohibited for
ordinary use (Kidushin 2b; see also Tosfos 7a DH v'Nifshetu and Background
to Kidushin 2:1:II:b).
14a) [line 7] L'YORSHAH - to inherit from her
b) [line 8] LITAMEI LAH - [if the husband is a Kohen,] to become Tamei for
her (in order to bury her) [if she passes away]
(a) The Torah (Vayikra 21:1-4) forbids Kohanim from coming into contact with
corpses while concurrently commanding them to handle the burial of certain
relatives. Those relatives are the Kohen's mother, father, son, daughter,
brother, sister from his father (if she is an unmarried virgin), and wife
(if the wife is permitted to be married to him).
(b) If a Kohen is married to a woman with Kidushin mid'Rabanan (e.g. if she
married him as a minor after her father died), her husband is allowed and
required to handle her burial. (The Gemara (Yevamos 89b) concludes that the
Kohen is actually permitted to bury her mid'Oraisa, even though she is only
married to him with a Kidushin mid'Rabanan. Since the Kohen inherits her,
nobody else will handle her burial, and therefore she is like a Mes
Mitzvah -- see Background to Sotah 45:31 and Insights to Yevamos 89b.)
(c) The prohibition to come into contact with a corpse applies only to male
Kohanim who are not Chalalim. (However, immediately before, and during, the
three pilgrimage holidays (Pesach, Shavuos and Sukos), every Jew, male or
female, is commanded to be Tahor -- RASHI to Yevamos 29b DH v'Lo Mitames.)
The positive command to handle the burial of the seven relatives mentioned
above (a) applies not only to Kohanim, but also to all Jews.
c) [line 8] L'HAFER NEDAREHA - to annul her 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
15) [line 15] SHE'EIRAH KESUSAH V'ONASAH
(a) Marriage creates a *mutual bond* between the husband and his wife, which
is expressed in many ways. This also implies a familial relationship between
a man and his wife, much like that between blood relatives. (Chazal refer to
this bond as "She'er" -- Yevamos 97a.) This husband/wife relationship
obligates the parties in marriage to each other monetarily as well. (see
Background to Kidushin 2:1 for a full discussion of this topic).
(a) Among the obligations of the husband towards his wife is that he must
provide her with She'er (sustenance), Kesus (clothing) and Onah (marital
16) [line 18, 19] ALMANAH L'CHOHEN GADOL /
GERUSAH V'CHALUTZAH L'CHOHEN
(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 (Hedyot) 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.
17) [line 20] KADISH NAFSHAH - she accepted Kidushin herself (which has no
18) [line 21] KIDSHAH AVIHA - her father accepted Kidushin for her (KIDUSHEI
KETANAH AL YEDEI AVIHAH)
(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)
19) [line 25] MA'OS HA'RISHONOS LAV L'KIDUSHIN NITNU - the Kidushei Yi'ud
does *not* take effect through the money that the master initially gave to
the Amah's father when he purchased her. (Rather, it takes effect when the
master absolves her of the remainder of her obligation of servitude, thus
doing the Amah a favor that is of value to her. In order for this to take
place, there must be enough time left in the day for there to be a
significant monetary amount of servitude left, i.e. a Perutah or more.)