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Kidushin 33

KIDUSHIN 32-35 - Ari Kornfeld has generously sponsored the Dafyomi publications for these Dafim for the benefit of Klal Yisrael.

1) [line 6] KA NAKIV MARGANYASA - that he pierced pearls [as his occupation]
2) [line 7] AD'HACHI V'HACHI - during that time
3) [line 12] BA'ALEI UMNIYOS - tradesmen

(a) The Mitzvah of Bikurim consists of bringing the first fruits to emerge in one's field every year to the Beis ha'Mikdash. In order to glorify the Mitzvah (and to fulfill the precept of "b'Rov Am Hadras Melech" - "With multitudes of people is the King's glory" -- Mishlei 14:28), many fruit-growers from one area join in a large procession to bring their Bikurim together. When they lodge for the night, they camp in a town square to publicize their purpose and to avoid entering an Ohel ha'Tum'ah. A flautist and an ox adorned with gilded horns and an olive wreath (hinting that Bikurim are brought from the seven species -- see below, (c)) precede the procession. As they approach Yerushalayim, they send word of their impending arrival and arrange their fruits in decorative baskets. The dignitaries of the city come forth to greet them. When they enter the city, all of the tradesmen stand and greet them. They proceed through the city streets until they arrive at the Temple Mount.
(b) Each farmer enters the Azarah of the Beis ha'Mikdash with his Bikurim fruit. While the basket is on his shoulder, he 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).
(c) 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 botanist -MK.)
(d) 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).
(e) 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.

5) [line 21] BEI MASCHUSA - in the bathhouse
6) [line 21] CHALIF V'AZIL REBBI SHIMON BAR REBBI - Rebbi Shimon Bar Rebbi was passing before him

7a) [line 22] SHNEI CHUMASHIM - two of the five "books" [of Tehilim (one of the subdivisions of the Book of Psalms is into five sections)]
b) [line 22] SHANISI LO {RASHI} - I taught him [its Midrashic Aggados]

8) [line 24] AL - he went up
9) [line 25] SHNEI SHELISHEI SHELISH - two thirds of one third
10) [line 25] TORAS KOHANIM - the Midrashic commentaries on Chumash Vayikra

11a) [line 27] BATEI GAVA'EI - the inner rooms [of the bathhouse, where most men are not dressed]
b) [line 27] BATEI BERA'EI - the outer rooms [of the bathhouse, where some men are dressed and some are not]

12) [line 29] DILMA L'ONSEI SHA'ANI - (lit. perhaps accident is a different case) there is no proof from Rebbi Yochanan's Halachah that they were in the outer rooms, because they might have been thinking about their Torah learning in the inner rooms, against their will. However, the original answer of the Gemara *is* a proof that they were in the outer rooms, since Rebbi Shimon expected them to get up for him.

13) [line 32] RABO SHE'EINO MUVHAK - a Rebbi who is not one's main Rebbi
14) [line 33] UDNA D'CHAMRA D'RAV YOSEF - the ear of the donkey of Rav Yosef
15) [line 34] KA MASGI A'GUDA D'NEHAR SAGYA - he was travelling along the bank of the Sagya Canal, in Bavel

16) [line 36] LAV A'DA'ATIN - we did not notice
17) [line 37] NAKTINAN - we have a tradition
18) [line 37] D'IY MAKIF, CHAYEI - If a Torah Sage goes around [another way, so that he does not pass in front of the people who would have to stand for him,] he merits to live a long life

19) [line 40] MASA MECHASYA - the city of Mechasya (probably a suburb of Sura)
20) [line 40] D'GISEI BAH RABANAN - (O.F. privez) its inhabitants are used to [seeing] Rabanan, [since they are a constant presence]

21) [line 42] SAVEI D'ARAMA'EI - old Nochrim
22) [line 42] KAMAH HARPATEKEI ADU ALAIHU D'HANEI - How many events (lit. perils, episodes) must have befallen them!

23) [line 44] MESHADER SHELUCHEI - he [did not go to assist them himself, but rather] sent assistants (lit. messengers) [in his stead]

24) [line 44] MESHADER GUZA'EI - he [did not go to assist them himself, but rather] sent servants (lit. eunuchs) [in his stead]


25) [line 6] AMAI LO NITRACH? CHIYUVA HU! - Why should we not make the effort? It is [the bare minimum of] the obligation [to stand for the Chachamim once in the morning and once in the evening]!

26) [line 15] MORA'AS RIBIS - the injunction to fear HaSh-m in the verse prohibiting interest (Vayikra 25:36) (RIBIS - interest)
(a) It is forbidden to lend money in return for interest (Shemos 22:24, Vayikra 25:36, Devarim 23:20). Even if interest is charged conditionally, and it is not eventually collected, the transaction is prohibited mid'Oraisa according to some Tana'im. It is also forbidden to take money in order to allow the borrower more time to complete the payment of the loan. (Such payment is known as "Agar Natar.")
(b) The Torah only forbids charging interest if the rate or amount of interest for a loan was fixed at the time that the loan was made. This is called Ribis Ketzutzah. If interest was paid but the amount paid was not fixed at the time of the loan, or if a higher price was paid in a *sale* in order that the seller should allow the buyer more time to complete his payment for the purchase, it is called Avak Ribis. This is forbidden mid'Rabbanan.
(c) Certain payments that are not actually Ribis mid'Oraisa or mid'Rabanan were prohibited because they have similarities to Ribis. Chazal refer to this as "Ha'aramas Ribis."

27) [line 15] MISHKALOS - weights
It is forbidden to act deceitfully when buying and selling using weights (Vayikra 19:36, Devarim 25:15). To willingly keep an inaccurate weight or measure in one's house or store is likewise prohibited, even if it not used for trade.

28) [line 19] BA'AL MA'ASIM - a man who does exceptional deeds
29) [line 21] ZIMNIN D'ASI ME'ACHORAI - at times he may enter from behind me (i.e. from behind Mar Shmuel)

30a) [line 22] KUM AT MI'KAMEI - you should stand for him
b) [line 22] V'LO SEICHUS L'YEKARA DIDI - and do not worry about the honor due to me

31) [line 25] EINI KEDAI - it is not fitting for me [to stand for my son]

(a) Our Gemara is based on the Toras Kohanim. The correct Girsa of the Toras Kohanim according to the Vilna Ga'on is as follows: TAMEI YOSHEV TACHAS HA'ILAN, V'TAHOR (OMED) [OVER], TAMEI. TAMEI (OMED) [OVER] TACHAS HA'ILAN, V'TAHOR YOSHEV, TAHOR (V'IM YASHAV HA'TAMEI, HA'TAHOR TAMEI). V'CHEN B'EVEN HA'MENUGA'AS. All parenthetical words or phrases should be omitted.
(b) This is evident from the Gemara in Berachos 25a, which quotes the Mishnah in Nega'im (13:7), and from Rashi there, who states that standing under a tree is exactly the same as sitting under a tree. The Girsa of the Gemara Berachos is as follows: HA'TAMEI *OMED* TACHAS HA'ILAN, VEHA'TAHOR OVER, TAMEI. HA'TAHOR OMED TACHAS HA'ILAN, VEHA'TAMEI OVER, TAHOR. IM AMAD, TAMEI. V'CHEN B'EVEN HA'MENUGA'AS.
(c) The only difference between the Mishnah and the Toras Kohanim is that the Mishnah refers to someone standing under a tree and the Toras Kohanim refers to someone sitting under a tree (since it is Doresh the word "Moshavo"). Both have the same Halachah.

(a) For a detailed description of how a house becomes a Bayis ha'Menuga (a house that has Tzara'as), see next entry.
(b) When a person is a Metzora, he is Metamei the objects in the house that he is in. Similarly, a house that is declared a Bayis ha'Menuga is Metamei all the objects that are in it. If the stones of this house are brought into another house, they are Metamei the objects in the second house.
(c) Regarding a person who enters a house that has Tzara'as or has a Metzora in it, there are two Pesukim:

  1. "veha'Ba El ha'Bayis Kol Yemei Hisgir Oso, Yitma Ad ha'Erev." (Vayikra 14:46)
  2. "veha'Shochev ba'Bayis Yechabes Es Begadav, veha'Ochel ba'Bayis Yechabes Es Begadav." (ibid. 14:47)
(d) From the first verse we learn that any person (or thing) that comes into the house becomes Tamei. The clothes that he is wearing, however, do not become Tamei. From the second verse we learn that if someone lingers in the house for the amount of time it takes to eat a Pras (half of a loaf of wheat bread) dipped in relish, while he is reclining, then even the clothes that he is wearing become Tamei.
(e) The RASH (Keilim 1:4) lists four differences between the Tum'ah of the Ohel of a Mes and the Tum'ah of a house that has Tzara'as or that has a Metzora (or an article of clothing or a stone from a house that has Tzara'as) inside of it:
1. In an Ohel ha'Mes, a person becomes Tamei even if only a bit of his body enters. In a house that has Tzara'as or has a Metzora inside it, a person becomes Tamei only when most of his body enters the house.
2. In an Ohel ha'Mes, even when entering backwards, a person becomes Tamei when only a bit of his body enters the house. In a house that has Tzara'as or that has a Metzora inside it a person becomes Tamei when entering backwards only when his entire body enters.
3. In an Ohel ha'Mes, a Mechitzah (partition) only prevents the spread of Tum'ah if it reaches the ceiling. In a house that has Tzara'as or that has a Metzora inside it, a Mechitzah of ten Tefachim in height (or even a ditch of ten Tefachim in depth) is enough to prevent the spread of Tum'ah.
4. In an Ohel ha'Mes, the house or room becomes Tamei even if the Mes is passing through it and does not stop moving. In a house that has a Metzora (or an article that has Tzara'as, as mentioned above) inside it, the people in the house become Tamei only if the Metzora stops passing through and is stationary. (TOSFOS here, DH Kivan, maintains that the people in the house *do* become Tamei even if the Metzora is just passing through it. However, if a Metzora or an article with Tzara'as passes under an unenclosed tree or canopy, the people under the tree or canopy do not become Tamei unless the Metzora or article with Tzara'as stops and is stationary.)
33) [line 31] EVEN HA'MENUGA'AS
(a) The marks of Tzara'as for houses consist of intense green or intense red streaks or spots that are at least the size of two Gerisin (a Gris is a Cilician bean, approximately the size of a dime) (Nega'im 12:3). If Tzara'as is found on the walls of a house, it is put into quarantine by a Kohen for a week. Before the Kohen puts the house into quarantine, he commands that the house be emptied of its contents to prevent its utensils from becoming Tamei.
(b) The Torah states (Vayikra 14:39) "v'*Shav* ha'Kohen," to prescribe that the Kohen *return* six days later to check the house. If the Tzara'as has spread, one must remove (Choletz) the stones with Tzara'as from the house, scrape off the surrounding plaster, insert new stones and re-plaster the entire house. The house is then put into quarantine for another week. If the Tzara'as returns to the house during the following week, the owner must dismantle (Notetz) the entire house (Vayikra 14:45). The stones from the house must be taken out of the city, and they remain Asur b'Hana'ah forever.
(c) On the other hand, if the Tzara'as did not change after the first week, the Kohen leaves it as is and returns again six days later. The verse states (Vayikra 14:44) "u'*Va* Ha'kohen," which means "if, when the Kohen *comes* back to the house to inspect it a second time, he finds that the spot of Tzara'as has spread, the house is Tamei." Chazal teach that this verse is referring to a spot of Tzara'as that does *not* spread during its first week. The Kohen "comes back to the house" after a second week to see whether the spot has spread, remains, or has disappeared. If the Tzara'as has *either* spread *or* remained, one must remove (Choletz) the stones with Tzara'as from the house, scrape off the surrounding plaster, insert new stones and re-plaster the entire house. The house is then put into quarantine for another week (Vayikra 14:40). If the Tzara'as returns to the house during the following week, the owner must dismantle (Notetz) the entire house (Vayikra 14:45). The stones from the house must be taken out of the city, and they remain Asur b'Hana'ah forever.
(d) Even though the words "v'Shav" and "u'Va" are not identical, they are referring to the same action; namely, the Kohen entering the house to inspect it. This relates the two verses to each other with a Gezerah Shavah. Just as the house is not dismantled if the Tzara'as spreads during the first week -- unless the stones are scraped and the Tzara'as returned to the house after a week of quarantine -- so, too, the house is not dismantled if the Tzara'as spread during the second week unless it returns to the house after the quarantine period that follows the scraping.
(e) If during one of the inspections at the end of the first or second week the Kohen finds that the Tzara'as has disappeared or diminished in intensity such that it can no longer be classified as a Nega, the location of the spot alone is scraped and the house is declared Tahor after the owner follows the procedure for being Metaher houses (see Background to Sukah 13:11:IV). (RAMBAM Hilchos Tum'as Tzara'as 15:2)

34) [line 32] ZOS OMERES, RACHUV KI'MEHALECH DAMI - this implies that a person who is riding is considered to be walking [and we do not consider him stationary]

35) [line 36] CHAKIMEI - Sages

36) [line 36] CHAVER - one who is meticulous in his observance of Halachah A person is called a Chaver if he accepts upon himself four things: 1. never to give Terumah and Ma'asros to an Am ha'Aretz; 2. never to prepare Taharos in the vicinity of an Am ha'Aretz; 3. to always eat Chulin b'Taharah; 4. to take Ma'aser from all produce that one eats, sells and buys (Tosefta Demai 2:2-3). The Gemara in Bechoros 30b explains exactly how one goes about accepting this distinguished status.

37) [line 37] EIN TALMID CHACHAM RASHAI LA'AMOD MIPNEI RABO B'SHA'AH SHE'OSEK BA'TORAH - a Torah scholar is not permitted to stand for his Rebbi while he is learning Torah (see next entry)

38) [line 38] LAYIT ALAH ABAYE - Abaye cursed anyone who abided by the dictum stated in the name of Rebbi Elazar (previous entry)

39) [line 38] "[V'HAYAH K'TZEIS MOSHE EL HA'OHEL, YAKUMO KOL HA'AM, V'NITZVU ISH PESACH OHALO;] V'HIBITU ACHAREI MOSHE AD BO'O HA'OHELAH." - "[And it came to pass, when Moshe went out to the Tent, that all the people rose up, and stood every man at his tent door,] and looked after Moshe, until he was gone into the Tent." (Shemos 33:8)

40) [line 40] KED'ISA - as it is stated [elsewhere, that some people would say about Moshe, "Look at how fat his neck and thighs are! It is the result of our money that he plundered!"]

41a) [line 41] CHACHAM - a Torah Sage
b) [line 42] AV BEIS DIN - the Chief Justice of the Sanhedrin (the Jewish Supreme Court)
c) [line 42] NASI - the leader of the Jewish people (not a King, but of Davidic descent)

42) [last line] SUKAH
Jewish males above the age of thirteen are commanded to sit in a Sukah (a small hut or booth) for the seven days of the holiday of Sukos, as it states, "ba'Sukos Teishevu Shiv'as Yamim" - "You shall sit in Sukos for seven days" (Vayikra 23:42). Women are exempt because it is a Mitzvas Aseh sheha'Zeman Gerama. Sleeping, eating meals and all respectable daily tasks must be done in the Sukah instead of in one's house. Eating snacks and doing temporary duties are permissible outside of the Sukah.

43) [last line] LULAV
There is a Mitzvah to take four species on Sukos, as it states in the Torah (Vayikra 23:40). The four species are the Pri Etz Hadar (Esrog, citron), Kapos Temarim (Lulav, closed palm branch), Anaf Etz Avos (three Hadasim, myrtle branches) and Arvei Nachal (two Aravos, willow branches). Women are exempt because it is a Mitzvas Aseh sheha'Zeman Gerama.

44) [last line] SHOFAR
There is Mitzvah to blow the Shofar on Rosh ha'Shanah, as it states in the Torah (Vayikra 23:24). Women are exempt because it is a Mitzvas Aseh sheha'Zeman Gerama.

45) [last line] TZITZIS
There is a Mitzvah to wear Tzitzis (fringes) on four-cornered garments, as it states in the Torah (Devarim 22:12). Women are exempt because it is a Mitzvas Aseh sheha'Zeman Gerama.

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