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Kidushin 28

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.

If a person admits that he owes part of a claim, the Torah suspects that the person wants to temporarily postpone part of the payment but does not have the audacity to completely deny the claim. He is therefore required to take an oath, mid'Oraisa, on the part he denies (Shemos 22:8), or otherwise he must pay the entire amount being claimed.

2) [line 3] VADAI - when the litigant's claim is certain (a "Ta'anas Bari")
3) [line 3] SAFEK - when the litigant's claim is uncertain (a "Ta'anas Shema")

4a) [line 4] BA'CHUTZ - outside [of the Azarah (courtyard) of the Beis ha'Mikdash] (i.e. any oath other than the oath of a Sotah)
b) [line 4] BIFNIM - inside [of the Azarah (courtyard) of the Beis ha'Mikdash] (i.e. the oath of a Sotah)

5) [line 9] SHEMUTEI MESHAMTINAN LEI - we excommunicate his (see Background to Kidushin 12:34b)

Beis Din has the power to inflict lashes upon a person when lashes mid'Oraisa cannot be instituted. These lashes are called Makas Mardus (lit. lashes for rebelliousness) and may be unlimited in number. (See Insights to Chulin 110:1 for a discussion of the various opinions regarding how Makas Mardus is administered.)

7) [line 11] RASHA - if someone called a fellow Jew a Rasha (a wicked person)
8) [line 11] YORED IMO L'CHAYAV - he (the offended party) is permitted to use every effort to cause that person a loss and to annoy him at every opportunity

9) [line 14] EVED IVRI GUFO KANUY - (lit. the person of an Eved Ivri is the property of his master) the Eved Ivri (see Background to Kidushin 20:3) is Halachically effected when he is purchased (See Insights to Kidushin 21:).

10) [line 17] B'TZIN'A - in private
11) [line 17] LEIS LEI KOLA - (lit. it has no voice) the information [about the sale] will not become well known

12) [line 19] KOL HA'NA'ASEH DAMIM B'ACHER - anything is used as payment for another object, i.e. money, and specifically, coins

13) [line 19] KEIVAN SHE'ZACHAH ZEH, NISCHAYEV ZEH B'CHALIPAV - as soon as this one (the seller) obtains [it (the object used for Chalipin)], this one (the buyer) acquires the purchased item wherever it is, and is obligated to pay for it in full, even if it is damaged or lost from that point on (lit. is responsible for the item that he receives in exchange)

14) [last line] KOL HA'NISHOM DAMIM B'ACHER - anything that is assessed as an equivalent for another object, i.e. a barter and not a sale for cash. This includes all Metaltelin (mobile goods) except for coins


15) [line 4] PEIROS - fruits, produce
16) [line 14] ALIYAH - the loft

17a) [line 21] RESHUS HA'GAVO'AH B'CHESEF - Hekdesh acquires with money to the extent that the sale is irrevocably binding
b) [line 21] RESHUS HA'HEDYOT B'CHAZAKAH - an private citizen acquires with a Kinyan Chazakah (for immobile goods -- see Background to Kidushin 22:21:c:3 -- and with a Kinyan Meshichah -- see Background to Kidushin 22:22 -- for mobile goods)

The act of proclaiming something as Hekdesh accomplishes the same thing as physically handing something over to a private citizen (i.e. through speech one can make a Kinyan to Hekdesh)

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