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Previous daf Kidushin 26
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.
1) [line 1] CHAVILEI ZEMOROS - bundles of vines
2) [line 1] NECHASIM SHE'YESH LAHEM ACHRAYUS - immobile goods such as land
3) [line 6] ZOKEKIN ES HA'NECHASIM SHE'YESH LAHEM ACHRAYUS LISHAVA ALEIHEN -
and they (mobile property) require immobile property (such as land) to
require an oath to be made upon them. Normally, an oath is not made on land
when it would otherwise be required (such as in the case of a partial
admission to a claim), as derived from verses (see Shevuos 42b). When a
Shevu'ah, however, is being made on mobile property (such as when the claim
was for both mobile property and land), the obligation to make a Shevu'ah
spreads to the land as well.
4) [line 8] "SADOS BA'KESEF YIKNU, [V'CHASOV BA'SEFER, V'CHASOM, V'HA'ED
EDIM...KI ASHIV ES SHEVUSAM, NE'UM HASH-M.]" - "They will acquire fields
with money, [and write it in a document, and sign it, and attest
witnesses...for I will return their captives, says HaSh-m.]" (Yirmeyahu
5) [line 9] "[SADOS BA'KESEF YIKNU,] V'CHASOV BA'SEFER, V'CHASOM..." -
"[They will acquire fields with money,] and write it in a document, and sign
it...." (Yirmeyahu 32:44)
6) [line 12] B'MAKOM SHE'EIN KOSVIN ES HA'SHTAR - in places where it is not
the normal custom to write a deed of sale for transactions
7) [line 14] V'IY FARISH, PARISH - but if he specifies (that he wants to
retain the right to make the Kinyan with money or with a Shtar), he has
specified (and his statement is valid)
8) [line 22] "VA'EKACH ES SEFER HA'MIKNAH; ES HE'CHASUM HA'MITZVAH
VEHA'CHUKIM V'ES HA'GALUY" - "So I took the deed of the purchase (the
document of acquisition)." (Yirmeyahu 32:11)
9) [line 23] SHTAR MATANAH - a document effecting the transfer of property
through a gift
10a) [line 26] NEYAR - paper
b) [line 26] CHERES - a potsherd
11) [line 31] KEDEI L'YAPOS ES KOCHO (ACHRAYUS) - [the giver of the gift
gave the recipient a Shtar] in order to enhance his power
A Shtar (she'Yesh Bo Achrayus) is a contract that contains a stipulation
that the recipient of the land may extract payment from the seller's (or in
this case, the giver's) land, should the land that he received be
expropriated by a creditor. (See Background to Kesuvos 51:9.)
12) [line 32] "U'SHEVU B'AREICHEM ASHER TEFASTEM" - "And you will dwell in
your cities that you have taken." (Yirmeyahu 40:10)
13) [line 37] "V'CHI SIMKERU MIMKAR LA'AMISECHA O KANOH MI'YAD AMISECHA" -
"And when you transact a purchase to your friend or acquire from the hand of
your friend." (Vayikra 25:14)
14) [line 39] DEVAR TORAH, MA'OS KONOS
(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:
(b) Rebbi Yochanan and Reish Lakish argue as to what consummates a purchase
of Metaltelin according to Torah law: Ma'os (paying money) or Meshichah
(lit. pulling, i.e. causing an object to move). Rebbi Yochanan rules that by
Torah law Ma'os Konos. However, the Chachamim enacted that Ma'os are not
Koneh until Meshichah is done so that the seller will be responsible for the
object that he sold until it is removed from his possession. Reish Lakish
rules that Meshichah consummates a purchase even by Torah law.
(c) Both Rebbi Yochanan and Reish Lakish agree that in *practice*, Ma'os do
not consummate a purchase until Meshichah is done (either because that is
the Torah law - Reish Lakish, or due to Rabbinic enactment - Rebbi
- Hagbahah, i.e. lifting the item;
- Meshichah, i.e. pulling the item or causing it to move;
- Mesirah, i.e. handing over the reigns of an animal the tie lines of a boat or a bill of debt (Shtar Chov);
- Chatzer, i.e. bringing the item into one's private domain;
- Chalipin (exchange or barter), i.e. taking another object to demonstrate one's consent for the Kinyan (or for an agreement).
- Agav, i.e. acquiring the moveable object automatically upon the acquisition of land.
15) [line 42] "VA'YITEN LAHEM AVIHEM MATANOS...IM AREI METZUROS BIYEHUDAH" -
"And their father gave them gifts...with fortified cities in Judah." (Divrei
ha'Yamim II 21:3)
16) [line 44] BE'INAN TZEVURIM? - Do we require that they (mobile property)
be piled [on the land through which the mobile property is being acquired
with Kinyan Agav]?
17) [last line] PE'AH
The corner, or end, of the harvest must be left in the field for the poor,
as it states "Lo Sechaleh Pe'as Sadecha Liktzor...le'Ani vela'Ger Ta'azov
Osam." - "Do not completely harvest the corner of your field...you shall
leave them (the gifts of Pe'ah, Leket, Olelos and Peret) for the poor and
the stranger." (Vayikra 19:9-10)
18) [last line] BIKURIM
(a) The Mitzvah of Bikurim consists of bringing the first fruits to emerge
in one's field every year to the Beis ha'Mikdash. While the basket is on his
shoulder, the owner recites the *Mikra Bikurim*, specific verses from
Devarim (26:3, 5-10) thanking HaSh-m for taking us out of Egypt and giving
us the land of Yisrael. He then places the basket of fruit at the base of
the southwestern corner of the Mizbe'ach (RAMBAM Hilchos Bikurim 3:12) and
bows down before HaSh-m. Afterwards, he gives the Bikurim to a Kohen
(Mishnah Bikurim 3:8, RAMBAM ibid. 3:1).
(b) The Mitzvah of Bikurim applies only to the seven species with which the
land of Eretz Yisrael was blessed (Devarim 8:8) -- wheat, barley, grapes,
figs, pomegranates, olives and dates (Bikurim 1:3, RAMBAM ibid. 2:2).
(Although many other types of produce now grow in Eretz Yisrael, these are
the *only* species of produce truly indigenous to Yisrael. Other,
"immigrant," species can be destroyed by drought or harsh weather, but these
7 species will always be part of the land -- heard once from a leading
(c) In certain instances, the owner only brings the fruit, without reciting
the declaration (Mevi v'Eino Korei). For example, if he brings them between
Sukos and Chanukah, he does not recite the verses (see Gemara Pesachim 36b
and Rashi there).
(d) Kohanim eat the Bikurim within the walls of Yerushalayim. If a person
eats them outside of Yerushalayim after the Bikurim have entered
Yerushalayim (according to the Rambam, or after the Bikurim have entered the
Azarah according to Rashi in Makos 18b), he receives Malkos. They must be
brought back into Yerushalayim and eaten there.
19) [line 1] PRUSBUL - A document allowing the collections of loans after
(a) The Torah requires that all loans shall be canceled every seventh year,
as it states in Devarim 15:2, "Shamot Kol Ba'al Masheh Yado" - "Every
creditor who lends anything to his neighbor shall release it." To demand
payment of a loan after the Shemitah year is a violation of the prohibition
of "Lo Yigos Es Re'ehu v'Es Achiv" - "he shall not exact it of his neighbor
or of his brother" (ibid.) Most Rishonim rule that the Shemitah year cancels
loans at the *end* of the year, on the last day of the month of Elul.
(RAMBAM Hilchos Shemitah v'Yovel 9:1-4).
(b) Hashmatas Kesafim applies mid'Oraisa only when the Yovel year is in
practice. Mid'Rabanan it applies today, whether inside or outside of Eretz
(c) Hillel the Elder saw that people stopped giving loans when the Shemitah
year was approaching out of fear that that they would not get their money
back because the debt would be annulled by the Shemitah year. By doing so,
they were transgressing an express command of the Torah *not* to refuse to
lend money prior to Shemitah (Devarim 15:9). Hillel therefore instituted the
"Pruzbul" (from the Greek "Pruz" = benefit; "Buli" = [for] the rich),
effectively creating a way to avoid having Shemitah annul one's debts, as
long as the borrower owns some land (Shevi'is 10:3,6).
(d) In a Pruzbul document, one files a contract with Beis Din, before the
end of the Shemitah year, stating that he is placing all debts owed to him
into the hands of the Beis Din to collect them for him (Shevi'is 10:4). By
doing this, the creditor will not transgress the prohibition of "Lo Yigos"
when he collects the loan after Shemitah, since he will not have to approach
the borrower to collect the loan; Beis Din will take care of the collection
and he will approach Beis Din. Beis Din, too, does not have to approach the
borrower to collect the loan, since Beis Din can simply collect it
themselves using their power of "Hefker Beis Din Hefker" (RASHI to Kesuvos
89a DH Pruzbul, to Gitin 32b DH Mosrani and to Bava Basra 27a DH Pruzbul). A
Pruzbul only allows a person to collect the loan after Shemitah if the
borrower has land. It is unusual for a person to lend money to a person
without land, and the Rabanan did not institute the use of Pruzbul for
unusual loans (RASHI to Gitin 37a DH Ela and to Bava Basra 27a DH Pruzbul).
Alternatively, Pruzbul permits a person to collect a loan after Shemitah
because the moment one allows Beis Din to collect his loans, it is as if
they are already collected, and in his possession, immediately (since
nothing can stop Beis Din from collecting the loan). This is also the reason
the borrower must own land in order for Pruzbul to permit the collection of
the loan. It is only if he has land that Beis Din can easily collect the
loan. If the borrower only has movable possessions, it is possible for him
to prevent Beis Din from collecting them by hiding them from Beis Din.
Therefore they are not considered to have entered the creditor's possession
until they are actually collected as payment. (RASHI to Bava Kama 12a DH
20) [line 4] NA'ATZ BAH MACHAT - he stuck into it (into the land) a needle
21) [line 5] KEVASTAN - (a) you have bothered us (RASHI); (b) you have
robbed our minds (RABEINU CHANANEL); (c) you have caused our intestines to
churn to vommit (RIF, as cited by the marginal note in Vilna Shas)
22) [line 5] ICHPAL TANA L'ASHMU'INAN MACHAT - did the Tana trouble himself
to teach us a law about a needle?!
23) [line 7] MARGENISA - a gem, jewel, pearl
24) [line 8] MADONI - a person from the city of Madon (see Yehoshua 12:19)
25) [line 11] BEIS SELA - (a) land the size of a Sela coin (according to the
Gemara's initial assumption; (b) land as hard as a Sela, a rock (according
to the Gemara's conclusion)
26) [line 12] TZEFONI ZEH - this northern part (of this land)
27) [line 18] SHE'CHALAH - who became mortally ill
28) [line 18] K'REBBI (ELIEZER) [ELAZAR] (DIVREI SHECHIV MERA K'CHESUVIN
(a) A Shechiv Mera is a person lying on his deathbed. Normally, in order to
transfer one's possessions to someone else, a proper Kinyan must be executed
(such as Hagbahah, or Chazakah), which will later be written in a Shtar. The
Chachamim instituted that a Shechiv Mera may effect a Kinyan and transfer
his property by simply requesting verbally that the transfer take place. If
he recovers, the Kinyan is not valid, because it is clear that he executed
the Kinyan only because he thought that he was going to die.
(b) Rebbi Elazar maintains that the verbal Kinyan of a Shechiv Mera is valid
only when made on Shabbos, when it is not possible to write a Shtar and when
the Shechiv Mera's condition might worsen if he is worried that he will not
be able to make the Kinyan before he dies.
29) [line 22] BEIS ROVA - a parcel of land that is large enough to plant a
quarter (Rova) of a Kav of grain (approximately 0.3, 0.345 or 0.6 liter,
depending upon the differing Halachic opinions)
30) [line 26] LI'DEMEI - for the value (of the items)
31) [line 29] LEISEI LA'MEKABEL MATANAH - the recipient of the gift was not
32) [line 30] V'NIZKINHU NIHALEI AGAV ACHER - but we should transfer them
(the gift) to him through another person (by having that other person do
Meshichah on his behalf)!
33a) [line 31] LO SAMCHAH DA'ATEI - he (the giver of the gift) did not trust
[giving the gift to anyone else to acquire it on behalf of the recipient]
b) [line 31] SHAMIT V'ACHIL LEHU - [for the giver feared that perhaps the
third party will] slip away and eat them himself (the sheep and barrels of
34) [last line] ISUR SHE'ANI ASID LAMUD (MA'ASER RISHON / MA'ASER ANI) - the
ten per cent (of the fruits) that I will, in the future, measure out
(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, andit
is known as Tevel. The punishment for eating Tevel is Misah b'Yedei
(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
the7-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.