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Kidushin 22

KIDUSHIN 22 (7 Sivan) - L'Iluy Nishmas Mrs. Grune Fradl bas ha'Rav Shmuel David Levinson (who passed away on 7 Sivan 5753), a true 'Isha Yir'as Hashem.' Dedicated by her son.

1) [line 6] "V'IM AMOR YOMAR HA'EVED..." - "And if the servant shall plainly say, ['I love my master, my wife (the Shifchah Kena'anis), and my children (the slaves that she bore him); I will not go out free.]" (Shemos 1:5) - This verse describes one of the requirements for Retzi'ah; the [male] slave must make the above declaration.

2) [line 20] BI'TECHILAS PERUTAH ACHARONAH - at the beginning of [the Eved Ivri's] last Perutah's worth of service (that is, any point before the Eved Ivri begins his last Perutah's worth of service)

3) [line 33] TEIKU
The Pri Megadim (in his Igeres preceding his introduction to Orach Chaim, #9) quotes and discusses various explanations for the word Teiku:

1. It is sealed in its container ("Tik") (ARUCH, Erech Tik).
2. Tehei Ka'i - "Let it (the question) stand" (MUSAF HA'ARUCH).
3. Tishbi Yetaretz Kushyos v'Ibayos - "Eliyahu ha'Navi will answer difficulties and questions" (TOSFOS YOM TOV, end of Eduyos).
4a) [line 35] PAS NEKIYAH - bread made from fine flour
b) [line 36] PAS KIVAR - bread made from flour of inferior quality

5a) [line 36] YAYIN YASHAN - old (fine) wine
b) [line 37] YAYIN CHADASH - new (inferior quality) wine

6a) [line 37] MUCHIM - soft substances such as wool, rag, lint, etc.
b) [line 38] TEVEN - stubble, straw

7) [line 46] MISHUM D'LO BENEI MI'AVAD U'MEICHAL NINHU - because they (his children) are not people who can work and support themselves

8) [line 49] D'LAV DIRCHAH L'HADUREI - because it is not the manner of a woman to go around [begging from door to door]


9) [line 1] YIDKOR - bore a hole
10) [line 4] ME'AVRAI - outside (not near the door)
11) [line 8] AKURAH - removed (from the hinges of the doorpost)
12) [line 8] MEZUZAH - doorpost
13) [line 11] K'MIN CHOMER - (a) like a knot or a string of jewels that is worn around the neck to fasten a cloak and/or as an ornament (RASHI, TOSFOS); (b) like sweet-smelling spices (TOSFOS); (c) [measure for measure,] like the action (ARUCH, citing Rabeinu Sa'adyah Ga'on)

14) [line 14] R"SH B"R - Rebbi Shimon bar Rebbi (Rebbi Shimon, the son of Rebbi Yehudah ha'Nasi)

15) [line 17] MASHKOF - lintel

16) [line 19] EVED KENA'ANI (a Nochri slave)
(a) A Jew may acquire a Nochri slave or maidservant (Eved Kena'ani or Shifchah Kena'anis) by purchasing them from their Jewish or Nochri master and making a Kinyan on the slave with either Kesef (paying money) or Shtar (receiving a contract) Chazakah (having the slave work for him) or Chalipin -- the same Kinyanim that are used in the purchase of real-estate (Mishnah and Beraisa in our Sugya; see Background to Kidushin 13:10:c). In addition, an Eved Kena'ani can be acquired through Kinyan Meshichah, like moveable objects (as the Gemara here teaches; see entry #22). A Nochri can also be acquired as a slave by being captured (Gitin 38a). These Halachos, and the Halachos mentioned below, apply whether the slave is from the Kena'ani nation or from another nation. Nevertheless, the generic term used by the Mishnah and Gemara to refer to Nochri slaves is Eved "Kena'ani," since the Torah openly describes Kena'an as a slave (see Rashi to Kidushin 22b DH Sadeh).
(b) A Nochri slave must undergo a process of involuntary conversion, in which he is circumcised (in the case of a male slave) and immersed in a Mikvah, after which he becomes obligated in Mitzvos. Regardless of sex, a Nochri slave is only obligated to keep those Mitzvos in which a Jewish woman is obligated. The slave is not permitted to marry an ordinary Jew. When the slave is freed, he automatically becomes a full-fledged Jew and is obligated to keep all of the Mitzvos, like a normal convert. However, before he is freed, his exemption from certain Mitzvos and prohibition to marry a Jewish woman came about as a direct consequence of the slavery. The Rishonim refer to this as a "Kinyan Isur," a "prohibitive" Kinyan (see Rishonim to Gitin 38a, Kidushin 16a). Another Halachic consideration of the slavery is that if the slave belongs to a Kohen, he is permitted to eat Terumah as long as he is owned by the Kohen (Yevamos 66a, based on Vayikra 22:11).
(c) A slave does not independently own property. Rather, any object that the slave acquires automatically becomes the possession of his master. There is an argument among the Tana'im as to whether the slave can own something if it is specifically stipulated, at the time that it is given to him, that it should not become the master's (Kidushin 23a).
(d) It is not normally permitted to free a Nochri slave, and one who does so transgresses the Mitzvas Aseh of "l'Olam Bahem Ta'avodu" - "they shall be your slaves forever" (Vayikra 25:46; Gitin 38a). However, even if the slave is freed in violation of this Mitzvas Aseh, he indeed becomes a free man.
(e) A Nochri slave may obtain freedom from bondage in one of two ways: by having their master accept payment for their release, or by having their master give them a "Get Shichrur," a bill of release (Kidushin 22b). The Tana'im argue as to whether the payment for the slave's release must be made by others directly to the master ("Kesef Al Yedei Acherim") or whether the slave himself can own the money with which he purchases his freedom ("Kesef Al Yedei Atzmo"). Similarly, the Tana'im argue whether the Get Shichrur must be given to the slave himself ("Shtar Al Yedei Atzmo") or whether it must be given to another person, who accepts it on behalf of the Eved. (See Kidushin Chart #5.)

17) [line 19] KESEF - money given to the seller of the Eved Kena'ani to acquire him

18) [line 19] SHTAR - a deed of sale or gift given by the owner of the Eved Kena'ani to the buyer (or recipient of the gift), which thereby transfers ownership

19) [line 19] CHAZAKAH - an act that demonstrates ownership of the Eved Kena'ani (the Gemara later discusses what acts serve as a Chazakah; see above, entry #16)

20) [line 22] "V'HISNACHALTEM OSAM LI'VNEICHEM ACHAREICHEM LA'RESHES ACHUZAH, L'OLAM BAHEM TA'AVODU; [UV'ACHEICHEM BENEI YISRAEL, ISH B'ACHIV LO SIRDEH VO B'FARECH.]" - "And you shall hold onto them as a heritage for your children after you, to give to your heirs as a possession; you shall work with them forever; [but your brothers, the people of Yisrael, you shall not subjugate with hard labor.]" (Vayikra 25:46)

21) [line 26] CHALIPIN
(a) When a person buys an object, he must make a Ma'aseh Kinyan, a formal Halachically-binding act denoting his acquisition of the object, in order for the sale to be irrevocably binding. Depending on what object one is acquiring, different Kinyanim are used, as follows.
(b) The forms of Kinyan that may be used for the acquisition of Metaltelin (mobile items) are:

  1. Hagbahah, i.e. lifting the item;
  2. Meshichah, i.e. pulling the item or causing it to move;
  3. Mesirah, i.e. handing over the reigns of an animal or the tie lines of a boat, or a bill of debt (Shtar Chov);
  4. Chatzer, i.e. bringing the item into one's private domain;
  5. Chalipin (exchange or barter), i.e. taking another object to demonstrate one's consent for the Kinyan (or for an agreement).
  6. Agav, i.e. acquiring the moveable object automatically upon the acquisition of land.
(c) The forms of Kinyan that may be used for the acquisition of land are:
  1. Kesef, i.e. paying at least a Perutah's worth of money for the land;
  2. Shtar, i.e. receiving a legal document containing the details of the sale;
  3. Chazakah, i.e. performing an act that is normally performed only by an owner;
  4. Chalipin (as mentioned above, b:5)
(d) The source for Kinyan Chalipin in the Torah is from the verse in Ruth 4:7-8, in which this Kinyan is used by Bo'az. Although Kinyan Chalipin may be accomplished through the barter of two equally-valued items, it is normally no more than a symbolic act in which an object of little value is given over in order to represent the acquisition of an object of value. For example, Chalipin may be accomplished by taking possession momentarily of a scarf or piece of cloth (Sudar) that belongs to the other party in order to make a Kinyan on another object that is being transferred. For this reason, Chalipin is also known as "Kinyan Sudar." (The other object is not simply handed over to the buyer to make the Kinyan with Meshichah either because it is not present or because it is too large or it is unfeasible to hand it over, for example in the case of the transfer of land.)
(e) The Gemara records a Machlokes among the Amora'im as to whether the Sudar used in the symbolic Kinyan 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).

(a) When a person buys an object, he must make a Ma'aseh Kinyan, a formal Halachically-binding act denoting his acquisition of the object, in order for the sale to be irrevocably binding. Meshichah is one such Kinyan that can be used to effect the transfer of moveable objects (see previous entry).
(b) The Amora'im (Bava Metzia 47b) argue as to whether Kinyan Meshichah is recognized by the Torah, or whether it is a Rabbinic institution which was established in order to replace the Kinyan of Kesef (which *is* recognized by the Torah but which was invalidated by the Rabanan). According to those who maintain that Kinyan Meshichah is mid'Oraisa, its source in the Torah is from the verse "Kanoh *mi'Yad* Amisecha" (Vayikra 25:14), which implies that one may transfer property by *handing* it over to the buyer (Bava Metzia ibid.).
(c) Meshichah can only accomplish a Kinyan in a private or semi-private area (such as an alleyway), but not in Reshus ha'Rabim. It may be accomplished not only by *pulling* the object towards one's self, but even by causing it to come towards one's self, such as by calling an animal and causing it to come closer.

23) [line 28] TAKFO U'VA ETZLO - (a) he (the new owner acquiring the Eved Kena'ani) grabs him (the Eved) and the Eved comes towards him; (b) according to the Girsa TAKFO *V'HEVI'O* ETZLO - he (the new owner acquiring the Eved Kena'ani) grabs him (the Eved) and [forcibly] *brings* the Eved towards him (ROSH)

24) [line 33] MESIRAH - a form of Kinyan in which an animal is "handed over" from the seller to the buyer (see Mishnah 25b)

25a) [line 33] TALFAH - its hoof
b) [line 33] SA'ARAH - its hair (the mane of a horse -- RASHI)
c) [line 33] UKAF - saddle

26) [line 33] SHELIF - the load on it
27) [line 34] PERUMBIYA - the bit
28) [line 34] ZOG - a bell
29) [line 35] HIKISHAH B'MAKEL - he hit it with a stick
30) [line 35] KEIVAN SHE'AKRAH YAD V'REGEL - when it lifts up a foreleg and a hindleg [the buyer has acquired it through Meshichah]

31) [line 39] HIFSHITO - he (the Eved Kena'ani) undressed him (the master)
32) [line 39] SACHO - smeared oil on him
33) [line 39] GARDO - (O.F. grater) to scratch or scrape the skin
34) [line 40] HIGBIHO - if the Eved lifted him
35) [line 40] HAGBAHAH - a form of Kinyan in which the buyer (or recipient of a gift) lifts up the item. The act of Kinyan Hagbahah is effective wherever it is performed, even in the domain of the seller.

36) [line 47] REBBI YEHUDAH HINDEVA'AH - Rebbi Yehudah of Ethiopia (some texts omit the title "Rebbi" from his name)

37) [line 48] CHALASH - became sick
38) [line 48] AL MAR ZUTRA L'SHIYULEI VEI - Mar Zutra went up to visit (lit. ask about) him

39) [line 48] CHAZYEI D'SAKIF LEI ALMA TUVA - he (Mar Zutra) saw that "the world was becoming heavy to him (to Rebbi Yehudah Hindeva'ah)"; i.e. he was about to die

40a) [last line] SHELOF LI MESAN'AI - remove for me my shoes
b) [last line] V'AMTINHU L'VEISA - and carry them to the house

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