(Permission is granted to print and redistribute this material
as long as this header and the footer at the end are included.)


brought to you by Kollel Iyun Hadaf of Har Nof

Ask A Question on the daf

Previous daf

Kidushin 38

KIDUSHIN 36-40 -sponsored by a generous grant from an anonymous donor. Kollel Iyun Hadaf is indebted to him for his encouragement and support and prays that Hashem will repay him in kind.

(a) There is a Mitzvah to bring the Korban ha'Omer on the second day of Pesach. A large quantity of barley is reaped after nightfall after the first day of Pesach. At this time the grain is still moist, and the process of extracting one Omer (approximately 2.2, 2.5 or 4.3 liters, depending upon the differing Halachic opinions) of barley flour is extremely difficult. The flour is baked and offered as a Korban Minchah on the 16th of Nisan. It is also referred to as the Minchas Bikurim -- Vayikra 2:14-16).
(b) In addition, a lamb is offered as an Olah, as it states in Vayikra 23:12.
(c) The Korban ha'Omer is the first offering of the new grain of the year (Chadash), and as such it removes the prohibition against eating from the new grain.

2) [line 4] "ERETZ NOSHAVES" - "an inhabited land" (Shemos 16:35)
3) [line 4] MAN - manna, the heavenly bread that Benei Yisrael ate in the desert
4) [line 10] HAYU MISTAPKIN - they were able to make do
5) [line 13] ARBA'IM SHANAH CHASER SHELOSHIM YOM ACHLU! - They actually ate the Man for forty years less one month!

6) [line 14] UGOS SHE'HOTZI'U MI'MITZRAYIM - the Matzos that they baked on the morning of the Exodus from Egypt

7) [line 21] "IVRU B'KEREV HA'MACHANEH V'TZAVU ES HA'AM LEMOR, 'HACHINU LACHEM TZEIDAH KI B'OD SHELOSHES YAMIM (TA'AVRU) [ATEM OVRIM] ES HA'YARDEN...'" - "Pass through the camp, and command the people, saying, 'Prepare provisions; for within three days you shall cross over this River Yarden, [to go in to possess the land, which HaSh-m your G-d gives you to possess." (Yehoshua 1:11)

8) [line 26] L'MAFRE'A - backwards
9) [line 35] V'HU HA'DIN SHE'YINHAGU - and it is a Kal va'Chomer that they (Kil'ayim and Orlah) should apply [in Eretz Yisrael as well as in Chutz la'Aretz]

10a) [line 36] EIN ISURO ISUR OLAM - it is not prohibited forever (but rather, the new grain is forbidden to be eaten until the end of the 16th of Nisan, after which it becomes automatically permitted)
b) [line 37] YESH HETER L'ISURO - it can become permitted even before it automatically becomes permitted, by bringing the Korban ha'Omer (see Insights)

11) [last line] V'HU HA'DIN L'ORLAH BI'SHETAYIM - and similarly with regard to Orlah, however the comparison only exists on two counts, i.e. Orlah is Asur b'Hana'ah and there is no Heter for its Isur during the time of the Isur (the first three years after the tree is planted). However, its Isur is not an Isur Olam, because whatever grows after the first three years is permitted.


(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 Yisrael.

13) [line 4] SHILU'ACH AVADIM (EVED IVRI - a Jewish slave)
(a) There are two ways that a Jewish man can be bought as a slave by another Jew. Either he may sell himself because he is destitute, or he may be sold by Beis Din to pay back a theft. During his term as a slave, his master must support his family (Kidushin 22b). The master may not make his Eved Ivri do disgraceful work for him, nor may he treat him as one normally treats a slave. For example, if the master only has one pillow, he must give it to his Eved Ivri rather than keep it for himself (Kidushin 20a).
(b) If the slave was married before he was sold, the master has the right to give him a Nochri maidservant to bear him children who will become the slaves of the master (Shemos 21:4). (One who is not an Eved Ivri is forbidden to have relations with a maidservant.)
(c) An Eved Ivri is obligated to work for his master for only six years (Shemos 21:2) or until the Yovel year, whichever comes first (Kidushin 14b, 16a). At any time during his term, he may go free if he or someone else pays his master the money remaining from the sum that the master paid for him, prorated to the amount of time that he worked. If at the termination of six years he expresses his desire to continue life as a slave, the master takes the slave to Beis Din, and stands the slave near a doorpost and pierces his right ear and the door with an awl. This is known as Retzi'ah, and an Eved Ivri upon whom this is performed is called a "Nirtza." A Nirtza slave must continue to serve his master until the Yovel year (ibid. 21:6) or until his master dies. Whenever an Eved Ivri goes free, under most circumstances his master must give him monetary gifts valued at 15, 30 or 50 Sela'im, according to the various opinions (Kidushin 17a). This is known as Ha'anakah (Devarim 15:14).
(d) The Gemara (Kidushin 14b) cites a Tana that distinguishes between the Halachos of an Eved Ivri who sold himself and an Eved Ivri who was sold by Beis Din. According to this Tana, some of the above-mentioned Halachos do not apply to an Eved Ivri who sold himself. (For example, he cannot become a Nirtza, he does not receive Ha'anakah, etc.)

14) [line 8] "V'ZEH DEVAR HA'SHEMITAH SHAMOT [KOL BA'AL MASHEH YADO ASHER YASHEH B'RE'EHU; LO YIGOS ES RE'EHU V'ES ACHIV, KI KARA SHEMITAH LA'SH-M.]" - "And this is the manner of the "release" of the Shemitah year: [Every creditor who lends anything to his neighbor shall] release [it; he shall neither exact it of his neighbor nor of his brother; because it is called HaSh-m's Release.]" (Devarim 15:2)

(a) The Torah requires that farmers desist from working the land every seventh year, as described in Vayikra 25:1-7. The fruits that grow during the seventh (Shevi'is) year are holy to the extent that 1. they must be considered ownerless; anyone may come into any field and pick the fruit that he intends to eat. 2. The fruits may not be bought and sold in a normal fashion (see Insights to Sukah 39:2). 3. The Torah requires that the fruits of Shevi'is be used only for eating or drinking (in the normal manner of eating for that type of fruit) or for burning to provide light (in the case of oil). They may not be wasted or used for medicinal purposes or animal fodder, etc.
(b) Avkah Shel Shevi'is refers to the less severe prohibitions associated with Shevi'is, such as buying or selling produce of Shevi'is. The Torah writes that the produce of Shevi'is is ours to be eaten (Vayikra 25:6). Chazal infer from this, "To be eaten, but not to be traded" (see a:1 above). This prohibition is referred to as "Avkah Shel Shevi'is," even though it is forbidden mid'Oraisa, since the main prohibitions of Shevi'is involve actually working the ground (Tosfos to Erchin 30b DH Kamah).
(c) The Shemitah year is meant to teach the Jewish people to rely on HaSh-m for their sustenance, a fact that is not always clear to them during the six years in which they work their own fields.

16) [line 18] "U'KRASEM DROR BA'ARETZ" - "and proclaim liberty throughout the land" (Vayikra 25:10)

17) [line 21] DROR (YOVEL)
(a) The year after 7 Shemitah cycles of 7 years each is called the Yovel year. There is an argument among the Tana'im as to whether the 50th year is not counted as one of the years of Shemitah, or whether it is part of the count and is itself *both* the Yovel and the 1st year of the next Shemitah cycle.
(b) The Halachos of the Shemitah year apply in the Yovel year with regard to not working the land and maintaining the sanctity of the fruits that grow (see Background to Nedarim 57:3). In addition, at the start of the Yovel year, all Jewish slaves (Eved Ivri, see above, entry #12) are set free and all properties that were sold since the previous Yovel year are returned to their original owners. On Yom ha'Kipurim of the Yovel Year, Beis Din blows a Shofar to denote that the time has come to set free all of the slaves, as the Torah states in Vayikra 25:9.
(c) There is an argument among the Tana'im as to what is considered the beginning of the Yovel year. According to the Chachamim, Yovel starts with the Shofar blast of Yom ha'Kipurim. According to Rebbi Yochanan ben Berokah, it begins at Rosh ha'Shanah, and the Shofar blast only denotes the completion of the process of freeing the slaves (Rosh Hashanah 8b).

18) [line 24] HA'KIL'AYIM MI'DIVREI SOFRIM - Kil'ayim in Chutz la'Aretz is only forbidden mid'Rabanan

19) [line 26] HILCHESA MEDINAH - the inhabitants of Chutz la'Aretz accepted it upon themselves as the custom (RASHI)

20) [line 31] YORED V'LOKE'ACH, U'VILVAD SHE'LO YIR'ENU LOKET - The Halachah of Safek Orlah in Chutz la'Aretz is more lenient than in Syria. The Torah-observant Jew is allowed to buy produce from a Nochri farmer or a farmer who is suspected of selling Orlah fruits, as long as he does not actually see him picking from the trees that are less than three years old. In Syria, Safek Orlah fruits are only permitted if they are already picked (RASHI)

21) [last line] YORED V'LOKET, U'VILVAD SHE'LO YILKOT B'YAD - The Halachah of Safek Kil'ayim in Chutz la'Aretz is more lenient than the Halachah of Safek Orlah. The Torah-observant Jew is allowed to buy produce from a Nochri farmer or a farmer who is suspected of selling Kil'ayim fruits who has picked the Safek Kil'ayim, as long as the Torah-observant Jew does not actually pick the fruits himself. (RASHI)

Next daf


For further information on
subscriptions, archives and sponsorships,
contact Kollel Iyun Hadaf,