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Kidushin 24

KIDUSHIN 24-30 (9-15 Sivan) - This week's study material has been dedicated by Mrs. Rita Grunberger of Queens, N.Y., in loving memory of her husband, Reb Yitzchok Yakov ben Eliyahu Grunberger. Irving Grunberger helped many people quietly in an unassuming manner and is dearly missed by all who knew him. His Yahrzeit is 10 Sivan.

(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 Chomesh, i.e. a *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.

2) [line 10] D'ASA MI'BEI NASHA - [fruit of Ma'aser Sheni] that came from the house of her father (i.e. that she inherited)

(a) The Tana'im argue as to whether Ma'aser Sheni (see above, entry #1) produce is Mamon Gavo'ah (the property of HaSh-m's estate) or Mamon Hedyot (the property of its [mortal] owner (Kidushin 54b).
(b) According to Rebbi Meir, who rules that it is Mamon Gavo'ah, Ma'aser Sheni is not personal property. The owner is only given custodianship of the produce, along with the right to eat it, drink it or (in the case of oil) rub with it (Rashi here and Yevamos 73a). According to the Rabanan who rule Mamon Hedyot Hu, Ma'aser Sheni is like any other personal property, except that the Halachah requires that it be eaten in a specific manner and place (see Background to Sukah 34:15).

4) ]line 14] YOTZEI V'SHEN V'AYIN
(a) If the owner of an Eved Kena'ani (a Nochri slave) hits his slave and wounds him by taking out the slave's eye or permanent tooth, the slave becomes entitled to his freedom (Shemos 21:26-27). The owner must intentionally wound him, but need not intend to wound him specifically in the eye or tooth (Kidushin 24b).
(b) The same applies if the master dismembers one of the slave's 24 Roshei Evarim (limb-tips) that do not regenerate if they are dismembered. The 24 Roshei Evarim are the ten fingers, ten toes, nose, ears and the male Ever (RASHI to Gitin 42b). The Gemara (Kidushin 24a-25a) adds more limbs for which this Halachah applies.
(c) The requirement to free the slave under such circumstances is considered a Kenas (a penalty or fine) which is imposed upon the master for unjustly wounding his slave (Bava Kama 74b; see Rashi to Gitin, top of 21b). Therefore, if the owner admits that he is guilty of taking out his slave's tooth or eye, he need not free the slave (Bava Kama ibid.).

5) [line 15] ROSHEI EIVARIM SHE'EINAN CHOZRIM - limb-tips that do not regenerate if they are dismembered

6) [line 19] SHNEI CHESUVIM HA'BA'IM K'ECHAD EIN MELAMDIN - we do not learn from two subjects that express the same Halachah (lit. that come together)
(a) A Binyan Av (lit. 'building through a father,' -- father in this sense means a Biblical source), is a rule of Biblical interpretation in which one subject is deemed a prototype in order to apply a Halachah stated by that subject to other comparable subjects.
(b) If two verses express the same Halachah regarding two different subjects, we cannot apply the Halachah elsewhere through a Binyan Av. Through the fact that the Torah found it necessary to repeat the law the second time, we may deduce that the Halachah is *not* meant to be applied automatically in all situations.


7) [line 1] SHEN D'CHALAV - a "milk" tooth, i.e. a baby tooth

(a) In the Introduction to the Sifra (the Halachic Midrash to Vayikra), Rebbi Yishmael, who is Doresh Kelalei and Peratei (see Background to Kidushin 21:15), lists thirteen methods that Chazal use for extracting the Halachah from the verses of the Torah. One of them is Kelal u'Frat Ein bi'Chlal Ela Mah shebi'Frat.
(b) When a Kelal (general term) is followed by a Perat (specification), without teaching any new Halachos that pertain to that Perat, then the Halachah of the verse is limited and applies only to the Perat.

According to the approach that learns Kelalei u'Fratei (see previous entry), when a Kelal is followed by a Perat, which is followed in turn by another Kelal, then everything belonging to the general category that is similar to the Perat is included. Anything that is not in the *general category* of the limiting Perat is not included.

10) [line 12] ALAMAH? - why?
11) [line 12] TALASH B'ZIKNO - he (the master) pulled the beard [of his Eved]
b) [line 12] V'DILDEL BO ETZEM - and broke off a [piece of his jaw] bone (RASHI)
12) [line 14] TZAMSAH - his hand withered
13) [line 18] B'CHULAM - (lit. with all of them) for severing any of the principle limbs for which an Eved Kena'ani goes free

14) [line 21] HA'MACHRI'IM LIFNEI CHACHAMIM - those who seek to find a compromise among the opinions of the Chachamim (see Rashi to Gitin 42b)

15) [line 25] MIDRASH CHACHAMIM - an explication of [the verses by] the Chachamim

16) [line 29] SAMA'AH - blinded
17) [line 30] CHERSHAH - deafened
18) [line 30] NEGED EINO - near his eye
19) [line 35] TAKA - crowed

(a) If one's animal caused damage to another person's property in an indirect manner -- that is, with the force of its body but without its body coming into contact with the damaged item, such as by walking and kicking up pebbles that -- through their ballistic action caused by the force of the animal's body -- caused damage, the owner is obligated to pay restitution for the damage.
(b) The Tana'im argue what the extent of the owner's liability is in such a case (Bava Kama 17b). Sumchus maintains that he is obligated to pay for the full damage (Nezek Shalem). The Rabanan maintain that there is a Halachah l'Moshe mi'Sinai that the owner is obligated to pay for only half of the damage (Chatzi Nezek).

21a) [line 36] SUS SHE'TZANAF - a horse that neighed
b) [line 36] CHAMOR SHE'NI'ER - a donkey that brayed

22) [line 38] CHATZI NEZEK
See above, entry #20.

23) [line 39] IHU MIV'IS NAFSHEI - he scared (shocked) himself
24) [line 40] PATUR B'DINEI ADAM V'CHAYAV B'DINEI SHAMAYIM - he is exempt from laws of man, but he is liable by the laws of Heaven

25) [line 41] TAKA B'OZNO - (lit. one who blows into the ear [of his friend]) this refers either to making a loud noise in someone's ear, or to hitting a person near or on his ear (see RASHI to Kidushin 11b, DH ha'Toke'a).

26) [line 42] V'CHAHASAH - and it was weakened
b) [line 43] NADEDAH - and it became loose

27) [line 47] IM YACHOL L'HISHTAMESH BAHEM KEVAR - if he was able to use them before [the injury]

28) [line 49] NEHORA BARI - healthy eyesight
b) [line 49] NEHORA KECHISHA - weak eyesight
29) [line 52] LIKCHOL LO EINO - to color his eye (with medicinal drops)
30) [line 52] LACHTOR LO SHINO - to scrape around his tooth
31) [line 52] SICHEK BA'ADON - he laughs at the master
32) [line 53] AD SHE'YISKAVEN L'SHACHASAH - until he intends to destroy [the eye or tooth]

33) [line 56] CHATETAH - gouged it out (knocked it out of the socket)
34) [line 57] TANA TUNA - the Tana of our Mishnayos also taught

In order for an animal to be brought as a Korban Olah, it must meet the requirements of the Torah (Vayikra 22:18-19) with regard to being unblemished (Tamus) and male (Zachrus). When a bird is offered for that Korban, though, it does not require those specifications. A bird-offering may be male or female, and it is only invalidated by a missing limb and not by a blemish.

36) [last line] YAVSHAH GAPAH - its wing dried up
37) [last line] NIKTE'AH RAGLAH - its leg was cut off
38) [last line] NECHTETAH EINAH - its eye was gouged out (of the socket)

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