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Kidushin 39

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.

1) [line 6] ARYOCH - Shmuel, who was called by this name because he was compared to a king (Reicha means king or nobleman in Aramaic). (a) He was thoroughly versed in the Halachos of monetary matters and he sat in judgement like a king who presides over the court in his land (TOSFOS RI HA'ZAKEN, RASHI to Shabbos 53a); (b) the Halachah follows his opinion in monetary matters just like "Dina d'Malchusa Dina" ("the laws of kingdoms are binding") (RASHI to Menachos 38b); (c) the Halachah follows his opinion in monetary matters just like a king, and the name "Aryoch" is the name of a king in the verse "Aryoch Melech Elasar" - "Aryoch, the king of Elasar" (Bereishis 14:1) (RASHI to Chulin 76b; the name of this king was chosen because the word "Ari," "lion," is embedded in it -- TOSFOS to Shabbos ibid. DH Aryoch)

2) [line 6] SEFEIK LI, V'ANA EICHUL - (a) pick fruits that are definitely Orlah while I am not looking, such that I will have a doubt as to their source (lit. cause me a doubt), and I will eat them (RASHI); (b) pick fruits that are Safek Orlah (in doubt as to whether they are Orlah) for me (TOSFOS RI HA'ZAKEN, 1st explanation); (c) pick fruits that are definitely Orlah for me, since Levi ruled like the opinion that Orlah does not apply in Chutz la'Aretz (TOSFOS RI HA'ZAKEN, 2nd explanation)

3) [line 7] MESAFKEI SEFUKEI L'HADADEI - they would pick Orlah fruits for each other while the recipient was not looking, such that he had a doubt as to their source

4) [line 8] CHARIFEI D'FUMPEDISA - the "sharp" scholars of Pumbedisa, i.e. Eifah and Avimei, the sons of Rachba of Pumbedisa (Sanhedrin 17b)

5a) [line 10] SESOM SEFEIKA - (a) Seal up [my ruling that it is permitted to eat] the produce that is Safek Orlah, i.e. do not announce this ruling publicly (RASHI); (b) confiscate the produce that is Safek Orlah and do not allow the offenders to eat it (TOSFOS RI HA'ZAKEN)
b) [line 10] V'ABED VADA'AH - and destroy the produce that is definitely Orlah
c) [line 11] V'HACHREZ AL PEIROSEIHEN SHE'TE'UNIM GENIZAH - and announce that the fruits of those who are lenient should be set aside (hidden) and not eaten (RASHI)

6a) [line 12] NIN - great grandson
b) [line 13] NECHED - grandson

7) [line 13] "MASHLICH CHEVEL B'GORAL BI'KEHAL HASH-M" - "none to cast the [surveyor's] line by lot in the congregation of HaSh-m." (Michah 2:5) - This is a curse that means that these people will have no heirs to divide up their inheritance.

8) [line 15] REBBI YOSI BEN DURMASKAH - Rebbi Yosi of Damascus (YA'AVETZ to Eruvin 19a claims that "Dumaskenin" refers to Damascus. The Girsa of Dikdukei Sofrim (to Eruvin ibid. #90), Durmaskenin, also supports this supposition, since the translation of Damesek (Damascus) according to Targum Yonasan is Darmasek (Breishis 14:15).)

9) [line 17] REBBI ELIEZER HA'GADOL - Rebbi Eliezer ben Horkenos
10) [line 23] ISHTOMAM K'SHA'AH CHADA - Rebbi Asi (or Rebbi Yochanan, according to the Girsa of the Vilna Ga'on) was stunned speechless for a moment. (This is a quote from Daniel 4:16 when Daniel heard Nevuchadnetzar's dream.)

11) [line 24] A"L - Amar Lei (Rebbi Asi to Rebbi Zeira (or Rebbi Yochanan to Rebbi Asi, according to the Girsa of the Vilna Ga'on))

12) [line 25] LOKIN AL HA'KIL'AYIM DEVAR TORAH - in Chutz la'Aretz, a person can receive Malkos d'Oraisa for transgressing the prohibition of Kil'ayim

13) [line 29] HARKAVAS ILAN - grafting a branch from one tree onto another tree

14) [line 30] "ES CHUKOSAI TISHMORU, BEHEMTECHA LO SARBI'A KIL'AYIM, SADCHA LO SIZRA KIL'AYIM; U'VEGED KIL'AYIM SHA'ATNEZ LO YA'ALEH ALECHA" - "You shall keep my statutes. You shall not let your cattle breed with a different kind; you shall not sow your field with mixed seed; nor shall a garment mixed of linen and woolen come upon you." (Vayikra 19:19)

15) [line 30] CHUKIM SHE'CHAKAKTI LECHA KEVAR - statutes that I have instituted for you previously

16) [line 32] HARBA'AH
(a) Harba'as Behemah refers to the prohibition of mating together any two different types of animals or birds (Bava Kama 55b), as the Torah states "Behemtecha Lo Sarbi'a Kil'ayim" (Vayikra 19:19). One who intentionally transgresses this prohibition is liable to Malkos.
(b) Animals that are produced through Harba'as Behemah are permitted to be used (see Tosfos Chagigah 2b DH Lisa).

17) [line 36] HAVU SHAKLEI V'AZLEI B'URCHA - they were travelling (walking) on the road

18) [line 38] NESHAMTEI (SHAMTA/NIDUY - excommunication)
(a) The minimum period of Niduy is thirty days in Eretz Yisrael or seven days in Bavel and elsewhere. If the Menudeh does not repent from his ways he is put into Niduy for a second thirty-day period. If he still does not repent, he is then put into Cherem. The laws of Cherem are much more stringent.
(b) No one may come within four Amos of the Menudeh, except for his wife and family. He is not permitted to eat or drink with other people, nor is he included in a Zimun or any other Mitzvah that requires a quorum of ten men. He may not wash his clothes, shave or take a haircut or wear shoes. Learning and teaching Torah, however, are permitted, as well as engaging in work. The last two are not permitted to a Muchram, who must learn by himself and engage in work to the minimum that will provide him daily sustenance. People may speak with the Menudeh or the Muchram unless Beis Din specifically prohibits it.
(c) Even if the period of Cherem or Niduy has ended, a person remains in Niduy or Cherem until he is permitted by three commoners or by an expert sage (SHULCHAN ARUCH Yoreh De'ah 334:27 and REMA ibid. 334:24)

19) [line 38] LO CHAVRISU - [the laws of Kil'ayim are] not clear to you
20) [line 40] BEI GUFNEI - between grape vines
21) [line 40] LO TZAHARISU - [the laws of Kil'ayim are] not vivid (lit. bright, shining) to you

22) [line 41] LO KAIMA LAN K'REBBI YOSHIYA...? - Do we not rule according to the opinion of Rebbi Yoshiyah? (see next entry)

23a) [line 42] AD SHE'YIZRA CHITAH U'SE'ORAH V'CHARTZAN B'MAPOLES YAD - until he plants wheat, barley, and a grape seed with one throw of the hand
(a) The word Kil'ayim means "forbidden mixture," which refers to two items, each of which is permitted, which the Torah prohibits to combine. Many different types of forbidden mixtures can be referred to by the term "Kil'ayim." Three types of Kil'ayim apply to plants: Kil'ei ha'Kerem, Kil'ei Zera'im and Harkavas ha'Ilan. Two types of Kil'ayim apply to animals: Harba'ah, and Charishah b'Shor va'Chamor. One type of Kil'ayim applies to clothing: Sha'atnez. (It is also prohibited to cook meat and milk together, but this is not referred to as "Kil'ayim.")
(b) KIL'EI HA'KEREM refers to the prohibition of sowing vegetables or grains in a vineyard, as the Torah states, "Lo Sizra Karmecha Kil'ayim, Pen Tikdash ha'Melei'ah ha'Zera Asher Tizra u'Sevu'as ha'Karem." - "You shall not sow your vineyard with other species, lest the fruit of the seed which you have sown, and the fruit of the vineyard, be forfeited." (Devarim 22:9). According to some Tana'im, even if one finds other crops growing in his vineyard and does not remove them, he transgresses this prohibition (Makos 21b). One who intentionally transgresses this prohibition is liable to Malkos.

1. Many Tana'im maintain that the prohibition of Kil'ei ha'Kerem forbids planting any vegetable or grain in a preexisting vineyard, as well as sowing grape seeds together with any vegetable or grain. However, Rebbi Yoshiyah rules that the prohibition of Kil'ei ha'Kerem only applies to *sowing* grape seeds along with wheat *and* barley kernels in the same throw of a hand (Berachos 22a). According to this view, one who plants grapes, wheat and barley in such a manner transgresses both the prohibition of Kil'ei ha'Kerem and the prohibition of Kil'ei Zera'im (see below; Tosfos Kidushin 39a DH Lo).
2. It is even prohibited to plant vegetables or grains outside of a vineyard by in close proximity to it. Such plants must be planted at least 6 Tefachim away from a single grapevine, and at least Amos away from a vineyard. ("Vineyard," in this respect, refers to at least five grapevines, planted in a formation of two parallel rows of two with a fifth vine between (and behind) the two rows -- see Background to Sotah 43:29). The grape vines and the vegetables or grains that grow in a vineyard that has been planted with Kil'ei ha'Kerem are prohibited to be eaten. They must be burned, as the Torah says, "Pen *Tukdash* ha'Melei'ah...," which the Gemara translates as, "lest the produce (of that vineyard) have to be burned ('Tukad Esh')" (Kidushin 56b, RAMBAM Hilchos Kil'ayim 5:7).
3. Although the Torah only prohibits Kil'ei ha'Kerem in Eretz Yisrael, as with any other Mitzvos ha'Teluyos ba'Aretz, the Rabanan prohibited it in Chutz la'Aretz as well (Kidushin 38b).
(c) KIL'EI ZERA'IM refers to the prohibition of sowing any two different types of crops within close proximity to each other, as the Torah states, "Sadecha Lo Sizra Kil'ayim," - "Do not sow different species (together) in your field." (Vayikra 19:19). One who intentionally transgresses this prohibition is liable to Malkos.
1. The Mishnayos in Maseches Kil'ayim specify the distance that one must leave in between different crops.
2. Crops that grow in a field that has been planted with Kil'ei Zera'im are not prohibited to be eaten.
3. The prohibition of Kil'ei Zera'im only applies in Eretz Yisrael.
(d) HARKAVAS HA'ILAN refers to the prohibition of grafting a branch of one type of tree onto another type of tree, as the Rabanan infer from Vayikra 19:19 through a Hekesh (Kidushin 39a). One who intentionally transgresses this prohibition is liable to Malkos.
1. Fruits that grow on a tree that has been grafted are not prohibited to be eaten.
2. The prohibition of Harkavas ha'Ilan applies both in Eretz Yisrael and in Chutz l'Aretz, to Benei Yisrael and to Nochrim (Kidushin 39a).
(e) HARBA'AS BEHEMAH refers to the prohibition of mating together any two different types of animals or birds (Bava Kama 55b), as the Torah states, "Behemtecha Lo Sarbi'a Kil'ayim" (Vayikra 19:19). One who intentionally transgresses this prohibition is liable to Malkos.
1. Animals that are produced through Harba'as Behemah are permitted to be used (see Tosfos Chagigah 2b DH Lisa).
(f) CHARISHAH B'SHOR VA'CHAMOR refers to the prohibition of doing any type of work with two different types of animals, as the Torah states "Lo Sacharosh b'Shor uva'Chamor Yachdav" (Devarim 22:10). One who intentionally transgresses this prohibition is liable to Malkos.
1. Some rule that the Torah prohibition applies to doing work with any two types of animals together (see Mishnah Kil'ayim 8:2, and Rishonim). The RAMBAM (ibid., Kil'ayim 9:9), however, rules that the Torah only prohibits doing work with one kosher and one non-kosher animal together, such as an ox and a donkey (Shor v'Chamor). The Rabanan prohibited doing work with any two types of animals, even if they are both kosher or both non-kosher.

b) [line 42] CHARTZAN - a grape seed
c) [line 42] B'MAPOLES YAD - in one throw of the hand

24) [line 43] ME'AREV BIZRANEI, V'ZARAH - he mixed seeds of various species (but not of grapes) and planted them (but not in a vineyard)

25) [line 50] RAV ZARA GINSA D'VEI RAV MISH'AREI MISH'AREI - Rav had the garden of his Yeshiva planted in separate rows [for each species]

26) [line 51] LAV MISHUM EIRUV EIRUVEI CHIL'AYIM?! - Was it not because he was trying to be careful not to transgress the prohibition of Kil'ayim?!


27) [line 1] ARBA AL ARBA RUCHOS HA'ARUGAH V'ACHAS BA'EMTZA - The Mishnah (Kil'ayim 3:1) states that one may plant up to five types of seeds in an Arugah (garden patch) which is six Tefachim long and six Tefachim wide without transgressing any prohibition of Kilayim. (To understand exactly how these seeds are planted in this small area, see Insights to Shabbos 84:1.)

28) [line 2] NOY - beauty, appearance
29) [line 3] SHAM'A - steward, aid [in charge of harvesting the vegetables for the students]

30) [line 7] NOCHEL ES HA'ARETZ - inherit the land (Olam ha'Ba, the World to Come -- RASHI)

31a) [line 8] OCHEL PEIROSEIHEN BA'OLAM HA'ZEH - he eats their fruits (dividends) in this world
b) [line 8] VEHA'KEREN KAYEMES LO LA'OLAM HA'BA - and the principle is completely intact for him in the World to Come

32) [line 9] KIBUD AV V'EM - respect for and fear of one's parents (see Kidushin 31b)
33) [line 10] GEMILUS CHASADIM - loving-kindness
34) [line 10] HACHNASAS ORCHIM - bringing guests into one's home
35) [line 10] HAVA'AS SHALOM BEIN ADAM L'CHAVEIRO - bringing peace between a man and his fellow man

36) [line 11] V'SALMUD TORAH KENEGED KULAM - and learning Torah is equivalent to all of them (all of the Mitzvos)

37) [line 13] YESEIRAH AL ZECHUYOSAV - in addition to [the sum total of] his good deeds (Mitzvos)

38) [line 16] SHE'IM HAYESAH SHEKULAH, MACHRA'AS - that if the totals of his Mitzvos and sins are balanced [and he has one of these Mitzvos in his favor], it causes the Mitzvos to outweigh the sins

39) [line 23] D'AVDIN LEI YOM TAV V'YOM BISH - (lit. they make for him a good day and a bad day) those people who have more Mitzvos than Aveiros have a good day prepared for them by receiving trials and suffering in this world (to punish them for the Aveiros that they did); those people who have more Aveiros than Mitzvos have a harmful day prepared for them by receiving affluence in this world (to reward them for the Mitzvos that they did)

40) [line 30] SHILU'ACH HA'KEN
It is forbidden to take a mother bird that is sitting on her nest together with the eggs or baby birds; rather, one must first *send* the mother away as prescribed in Devarim (22:6).

41) [line 32] BIRAH - a large building where pitcher-shaped utensils are set into its walls and cornices for birds to nest (Beitzah 25a)

42) [line 32] GOZALOS - young birds or pigeons

43a) [line 35] LA'OLAM SHE'KULO TOV - the world that is completely good
b) [line 36] LA'OLAM SHE'KULO AROCH - the world that is eternal (to understand the significance of the phrase "*Kulo* Aroch," see Chochmah u'Musar by Rav Simchah Zisl Ziv mi'Kelm, Part I, p. 452 and Part II, p. 151)

44) [line 37] V'DILMA LAV HACHI HAVAH - but perhaps such a scenario did not (and will not) take place

45) [line 38] MACHSHAVAH RA'AH, EIN HA'KADOSH BARUCH HU METZARFAH L'MA'ASEH - HaSh-m does not forge an action out of an evil thought, i.e. He does not consider it as if he acted sinfully in accordance with his thoughts

46) [line 40] "L'MA'AN TEFOS ES BEIS YISRAEL B'LIBAM..." - "That I may catch the house of Yisrael in their own heart, [because they are all estranged from Me through their idols.]" (Yechezkel 14:5)

47) [line 42] IY SALKA DA'ATACH, SECHAR MITZVAH B'HAI ALMA, AMAI LO AGIN MITZVOS ALEI, KI HEICHI D'LO LEISI L'YDEI HIRHUR? - If you were to think that there is reward in this world for the Mitzvos that one does, why does the merit of the Mitzvos not protect a person (who is performing them) from thinking thoughts of Avodah Zarah, which can cause him physical harm as punishment?

Sheluchei Mitzvah are those people who are on their way to do (or on their way back from doing) a Mitzvah, such as to learn Torah, greet their Rebbi or to redeem captives. The Gemara (Pesachim 8b) quotes a Beraisa that proves this fact from verses (Shemos 34:24 and Devarim 16:7) and from a Kal va'Chomer.

49a) [line 45] SULAM RA'U'A HAVAH - it was a weak ladder [that the boy used]
b) [line 45] DI'KEVI'A HEZEIKA - a place where injury is bound to happen [is different]

50) [line 46] "VA'YOMER SHMUEL, 'EICH ELECH? V'SHAMA SHA'UL VA'HARAGANI!'..." - "And Shmuel said, 'How can I go? If Shaul hears about it, he will kill me! [And HaSh-m said, 'Take a heifer with you, and say, I have come to sacrifice to HaSh-m.']" (Shmuel I 16:2) - HaSh-m told Shmuel ha'Navi that he should anoint a new king over the people of Yisrael in the lifetime of Shaul ha'Melech. Even though this was an explicit commandment from HaSh-m, Shmuel was afraid to go because the event was bound to be interpreted as treason against the king.

51) [line 47] ACHER - Elisha ben Avuyah, a Tana who became an apostate, and was subsequently known as "Acher" ("the other one"). Several reasons are cited to explain his abandonment of tradition (here and in Chagigah 14b-15b).

52a) [line 49] LISHNA DE'REBBI CHUTZPIS HA'METURGEMAN CHAZA - he saw the tongue of Rebbi Chutzpis the Meturgeman (one of the ten martyrs of the Hadrianic persecution)
b) [line 49] D'HAVAH GARIR LEI DAVAR ACHER - that was being dragged by a pig

53a) [line 50] PEH SHE'HEPIK MARGALIOS - a mouth that emitted gems [of Torah]
b) [line 50] YELACHECH AFAR!? - shall lick the dirt?

54) [line 53] MATRONISA - Roman matron; aristocratic woman
55) [line 54] AMAR MILSA - he pronounced a Name of HaSh-m
56) [line 54] U'MALI NAFSEHI SHICHANA V'CHEIVA - and his body was covered with boils and ulcers

57) [line 54] AVDAH HI MILSA, V'ITSI - she cast a magic spell, and he was healed
58) [line 54] ARAK - he ran away
59) [line 54] TASHA B'HAHU BEI BANEI - he hid in that certain bathhouse
60) [line 54] D'CHI HAVU AILIN BI'TREIN, AFILU B'YMAMA, HAVU MITZEKEI - that when [even] two people went in [to that bathhouse together], even in the day, they would be harmed [by a demon]

61) [last line] MAN NATRACH? - Who guarded you?

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