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Kidushin 29

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 12] MI SHE'PARA - (lit. He Who took retribution) a Rabbinic curse that begins with the words "He Who took retribution"
(a) A person who pays money to purchase Metaltelin (mobile goods) does not acquire them by paying for them until he performs Meshichah (see Background to Kidushin 22:22) upon them. Therefore, both the buyer and the seller may retract from the purchase until Meshichah or another valid Kinyan is performed. (There are those who are of the opinion that paying for the goods does not effect a Kinyan mid'Oraisa. Others hold that it does effect a Kinyan mid'Oraisa, but the Rabanan instituted that the buyer and seller may still retract until the buyer does Meshichah -- Bava Metzi'a 47a). However, it is not proper for a person to go back on his word and retract a sale after money has been received for the goods being sold. If either the buyer or the seller do retract at such a point, they have not acted in the manner of proper, upstanding Jews (RAMBAM Hilchos Mechirah 7:1).
(b) If one of them wishes to retract in any case, he is brought to Beis Din to accept upon himself the curse of "Mi she'Para" from Beis Din. Beis Din says to him, "He Who took retribution from the Generation of the Flood (Bereishis 6:1 - 7:23) and from the Generation of the Dispersion (Bereishis 11:1-9) and from the inhabitants of Sedom and Amora (Bereishis 19:24-25) and from the Egyptians who were drowned in the sea (Shemos 14:26-31) will punish he who does not stand by his word" (Bava Metzi'a 48a).

Mitzvos which must be performed at a specific time of the day belong to the category called Mitzvas Aseh sheha'Zeman Gerama. Some examples are Sukah, Lulav, Shofar, Tefilin and Tzitzis. Women are exempt from these Mitzvos, with the exception of Kidush on Friday night, Matzah on Pesach night, the Korban Pesach, Hakhel, and Simchah on Pesach, Shavu'os and Sukos. (RAMBAM Hilchos Avodah Zarah 12:3)

3) [line 20] BAL TAKIF
(a) It is forbidden by a Lav in the Torah for a Jewish male to remove his or another Jewish male's sideburns, thus making a continuous hairless line from his face until behind his ears, as the Torah states, "Lo Sakifu Pe'as Roshechem..." - "You shall not make a ring [around the tops of your heads by removing the hair] of the corners of your heads..." (Vayikra 19:27). The reason for this prohibition is to distance us from idol worship and its followers who until this day cut their hair in this fashion. If one cuts off both sideburns, he receives Malkos two times. The Rambam (Hilchos Avodah Zarah 12:6) writes that he has a tradition in his family teaching that it is required to leave at least forty hairs in the sideburns.
(b) According to most authorities, it is prohibited to entirely remove the hair of the sideburns with either a razor or a pair of scissors. The prohibition of Hakafah applies to both the barber and the one whose hair is being cut, if he helps the barber (by moving his head to the correct position). It is prohibited to cut the hair of a male minor as well. Although this prohibition only applies to a man and not to a woman (whether her hair is being cut or whether she is cutting the hair of a man), nevertheless, it is forbidden mid'Rabanan for a woman to cut the hair of a man or a boy.
(c) It is likewise forbidden to shave off all of the hair of the head (Hakafas Kol ha'Rosh). There is a disagreement among the Tana'im as to whether this is included in the prohibition of Hakafah and is mid'Oraisa, since all of the hair of the head includes the sideburns (Yevamos 5a, Nazir 41a), or if it is only forbidden mid'Rabanan (Nazir 29a), since the Torah only prohibits making a shaven *ring* around the remaining hair. (SEFER HA'CHINUCH #251)

4) [line 20] BAL TASHCHIS
(a) It is forbidden by a Lav in the Torah for a Jewish male to remove any of the five "corners" of his or another Jewish male's beard with a razor, as the verse states, "...v'Lo Sashchis Es Pe'as Zekanecha." - "...nor shall you mar the corners of your beard." (Vayikra 19:27). One who transgresses this prohibition is liable to Malkos. From the word "Tashchis," Chazal learn that the prohibition only includes shaving with a razor (Makos 21a), since only a razor leads to Hashchasah, or destruction of the hair.
(b) The Rishonim argue as to which exact sections comprise the "corners" of the beard that are included in this prohibition. The current practice is not to shave any part of the beard with a razor.
(c) The prohibition of Hashchasah applies both to the person shaving and to the one being shaved, if he helps the shaver (by moving his head to the correct position). It is prohibited to shave the beard of a male minor as well. It is permitted for a woman to be shaved by a man or to shave the beard of a man. (RAMBAM Hilchos Avodah Zarah 12:7; see Chart #13, Nazir 57b)

5) [line 21] BAL TITAMEI L'MESIM
(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.

6) [line 29] L'MULO (MILAH)
A Jewish father has a Mitzvas Aseh to see that a Bris Milah is performed on his son, as the verse states, "va'Yamal Avraham Es Yitzchak Beno..." (Bereishis 21:4). If he does not fulfill his obligation, Beis Din is required to have him circumcised (ibid. 17:10). If Beis Din is likewise lax or unable to fulfill this Mitzvah, when the boy grows up, he must have Milah performed upon himself (ibid. 17:14). The punishment for a man who is not circumcised and refuses to fulfill the Mitzvah of Milah is Kares (ibid., see RAMBAM and RA'AVAD Hilchos Milah 1:1-2).

7) [line 29] LIFDOSO (PIDYON HA'BEN - the redemption of the first-born son)
(a) The Torah requires that every Yisrael sanctify the firstborn male of his children, Kosher animals and donkeys, as it is written, "Kadesh Li Kol Bechor, Peter Kol Rechem bi'Vnei Yisrael, ba'Adam uva'Behemah; Li Hu." - "Sanctify to Me every first-born that initiates the womb among the children of Yisrael, among both man and beast; it is Mine." (Shemos 13:2)
(b) The Mitzvah of Pidyon ha'Ben applies to a Yisrael and not to a Kohen or a Levi. The first male born to a *mother* (who is the daughter of a Yisrael) must be redeemed by his father (as stated in Shemos 13:13, "v'Chol Bechor Adam b'Vanecha Tifdeh." The Bechor must be redeemed when he is one month old by giving five silver Shekalim of Kodesh (each of which weighs 19.2 or 17 grams; see Midos v'Shi'urei Torah, C. P. Benish, Benei Brak, 5760, pp. 487-488) to a Kohen as stated in Bamidbar (18:16). This applies only if the son was the first issue (i.e. he was not preceded by a Nefel -- stillborn) and was delivered through the womb (i.e. he was not delivered by Caesarian section). (Sefer ha'Chinuch #392)
(c) A number of reasons are given for this Mitzvah. One reason is that HaSh-m wanted to give us merit by having us perform a Mitzvah with the first produce of our efforts so that we should realize that everything is His. A person comes to this understanding when after all his toil he takes these first products, which are as dear to him as the apple of his eye, and gives them to HaSh-m. Another reason for this Mitzvah is to remember the great miracle that HaSh-m did for us by killing the firstborn of Egypt. (Sefer ha'Chinuch #18)

8) [line 29] L'LAMDO TORAH - to teach him Torah
9) [line 29] L'HASI'O ISHAH - to take a wife for him
10) [line 30] L'LAMDO UMNUS - to teach him a trade. The Tana'im argue as to whether teaching the child how to engage in business fulfills this obligation or not. The Halachah follows the opinion that it does (ROSH #40, according to the KORBAN NESANEL #90).

11) [line 30] L'HASHITO B'MAYIM - to teach him how to swim
12) [line 32] LISTUS - armed robbery
13) [line 40] ZIRUZ, MIYAD UL'DOROS - to make active and zealous in the performance of Mitzvos, for then and for all succeeding generations

14) [line 41] "V'TZAV ES YEHOSHUA V'CHAZKEHU V'AMTZEHU..." - "But charge Yehoshua, and encourage him, and strengthen him; [for he shall go over before this people, and he shall cause them to inherit the land which you shall see.]" (Devarim 3:28)

15) [line 44] DICHSIV TIPADEH TIFDEH - the word "Tifdeh" can be read "Tipadeh" to offer a homiletic insight that the verse teaches, that only one who is obligated to redeem himself may redeem others (the Gemara goes on to prove why a woman is not obligated to redeem herself, etc.)


16) [line 1] CHAMESH SELA'IM - five Sela'im [for the redemption of the firstborn son (see above, entry #7)]

17a) [line 3] CHAMESH MESHU'ABADIM - [a parcel of land worth] five Sela'im that has been mortgaged to a debt
b) [line 4] CHAMESH BENEI CHORIN - five Sela'im (or items of that value) that are "free," i.e. that he has in his possession

There is an argument whether a monetary obligation arising from a biblical law (such as payment for damages, Erchin, or Pidyon ha'Ben), is Mesha'bed a person's property just like a debt for which a contract was written. If it is Mesha'bed, the recipients of these payments have the right to collect their debts from land which the liable party sold or mortgaged after the Torah obligated the person in this payment. Similarly, if it is Mesha'bed their property, the payments can be collected from the heirs after the death of their father.

19) [line 6] TARIF - to collect a debt [from buyers (of the land of the debtor)]

20) [line 10] LA'ALOS LA'REGEL (ALIYAH LA'REGEL - "going up" [to the Beis ha'Mikdash] for the festivals)
(a) Every Jewish male is required to appear before HaSh-m in the Azarah (courtyard) of the Beis ha'Mikdash and to bring a Korban Re'iyah on Pesach, Shavu'os and Sukos (Devarim 16:16). The Korban Re'iyah is a Korban Olah. If the Korban was not brought on the first day of the festival, it may be brought on any of the other six days of Pesach. On Sukos it may be brought on the first day or the next seven days. On Shavu'os it may be brought on Shavu'os or on the six days following the festival. Beis Hillel rule that the minimum amount that one must spend for a Korban Re'iyah is one Me'ah (Chagigah 2a).
(b) In addition, every Jewish male is obligated to bring an animal as a Korban Chagigah, (which is offered in the manner as a Korban Shelamim) as the verse states, "Shalosh Regalim *Tachog* Li ba'Shanah" (Shemos 23:14). Beis Hillel rule that the minimum amount that one must spend for a Korban Chagigah is two Me'in (ibid.).
(c) The Mitzvah of Simchah (Devarim 27:7) that applies on the three festivals of Pesach, Shavu'os and Sukos requires a person to eat from sacrifices every day of the holiday. If no other sacrifice is available, the person brings a special Korban, known as Shalmei Simchah, for the purpose of fulfilling this Mitzvah. Women are also obligated in this Mitzvah (RAMBAM Hilchos Chagigah 1:1), in the sense that a woman's husband or father, and a widow's neighbor or supporter, must give her Shalmei Simchah to eat in order to make her joyous (Kidushin 34b, Ba'al ha'Me'or to Kidushin 6a, Ra'avad and Kesef Mishnah ibid. -- see, however, Me'iri to Rosh Hashanah 6a and Lechem Mishneh to Hilchos Ma'aseh ha'Korbanos 14:14, who contend that according to the Rambam, women even have the obligation of *bringing* Shalmei Simchah.)

21) [line 12] MITZVAH OVERES - a Mitzvah "that is passing," i.e. a Mitzvah for which there is a time constraint

22) [line 15] "...KOL BECHOR BANECHA TIFDEH V'LO YERA'U FANAI REIKAM." - "...All the firstborn of your sons you shall redeem. And none shall appear before me empty-handed. (Shemos 34:20)

23) [line 19] PETER RECHEM - [the one who is responsible for] the opening of the womb; firstborn

The first male born to a father inherits a double portion of his father's estate. This is only true if the son was the first viable child to be born to that man, whether or not he was the first child born to his mother (Bechoros 46a).

25) [line 20] "REISHIS ONO" - "the first of his manhood" (Devarim 21:17) that is, the firstborn to the father

26) [line 22] "V'LIMADTEM OSAM ES BENEICHEM..." - "And you shall teach them (the words of the Torah) to your children, [speaking of them when you sit in your house, and when you walk by the way, when you lie down, and when you rise up.]" (Devarim 11:19)

27) [line 23] AGMEREI - taught him
28) [line 24] DI'CHESIV "U'LMADTEM [OSAM]" - since another verse states, "and you shall learn [them (the words of the Torah)]" (Devarim 5:1)

29a) [line 32] ZARIZ - alacritous; prodigious
b) [line 32] MEMULACH - bright; there are two alternate Girsa'os: (a) MEMULA - filled [with potential]; (b) MUTZLACH - successful

30) [line 32] TALMUDO MISKAYEM B'YADO - his Torah learning stays with him
31) [line 34] SHADREI AVUHA - his father (Rav Acha bar Yakov) sent him (his son, Rav Yakov bar Acha)

32) [line 34] KI ASA - when he came home
33) [line 34] CHAZYEI D'LO HAVAH MICHADEDAN SHEMA'ATEI - he discovered that his Torah learning was not as sharp as it could have been

34) [line 35] TUV AT, D'EIZIL ANA - you stay here [at home], I'm going [to the Yeshiva]
35) [line 36] MAZIK - a demon
36) [line 36] BEI RABANAN D'ABAYE - in the Beis Midrash of Abaye
37) [line 36] D'CHI HAVU AILEI BI'TREIN AFILU B'YEMAMA, HAVU MITAZEKEI - that when [even] two people went in [to the Beis Midrash together], even in the day, they would be harmed [by the demon]

38) [line 37] AMAR LEHU - he (Abaye) said to them (the townspeople)
39) [line 37] LO LEISIV LEI INISH USHPIZA - No one give him a lodging for the night

40) [line 37] EFSHAR D'MISRACHIS NISA - perhaps a miracle will occur
41) [line 38] AL - he went in
42) [line 38] BAS - he stayed the night
43) [line 38] IDMI LEI K'SANINA D'SHIV'AH REISHVASEI - it appeared to him like a seven-headed snake

44) [line 38] KOL KERI'AH D'CHARA, NASAR CHAD REISHEI - each time that he bowed (while he was praying to HaSh-m to save him from the demon) one of the heads was severed

45) [line 43] HA LAN V'HA LEHU - (a) This [Halachah, that it is preferable to marry first and then to go to learn] applies to us [in Bavel, where we are not expected to provide for our families while we are learning, since we travel to Eretz Yisrael to learn]. That [Halachah, that it is preferable to learn first and then to marry,] applies to them [in Eretz Yisrael, who learn close to their homes, and would have to provide for their families.] (RASHI); (b) This [Halachah, that it is preferable to learn first and then to marry] applies to us [in Bavel, where we would not be able to leave our families to learn Torah, since we travel to Eretz Yisrael to learn. Also, we are quite poor and have a hard time supporting our families as it is]. That [Halachah, that it is preferable to marry first and then to go to learn,] applies to them [in Eretz Yisrael, who do not have to travel far to learn. Also, they are wealthy and are able to support their families even while they are learning]. (TOSFOS, citing RABEINU TAM)

46) [line 43] MISHTABE'ACH LEI RAV CHISDA L'RAV HUNA BED'RAV HAMNUNA - Rav Chisda praised Rav Hamnuna as a great person/Talmid Chacham, in front of Rav Huna

47) [line 45] D'LO FARIS SUDRA - that he was not wearing a scarf or Talis to cover his head (as was the custom of married scholars)

48) [line 45] LO NESIVNA - I have not yet married
49) [line 50] TIPACH ATZMOSAV - let his bones rot; alt. Girsa: let his *soul* rot (BACH to Rosh Hashanah 31a:7)

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