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Kidushin 41

KIDUSHIN 41-42 - Ari Kornfeld has generously sponsored the Dafyomi publications for these Dafim for the benefit of Klal Yisrael.

1) [line 1] LO ALSAH B'YADO ELA RAGZENUSA - he has not gained anything except [weakness as a result of his] anger (and high blood pressure, ulcers, etc.)

2) [line 3] DUR HANA'AH MIMENU - make an oath not to derive any benefit from him

3) [line 4] "...UV'MOSHAV LETZIM LO YASHAV." - "[Praiseworthy is the man who...] did not sit in the company of scoffers." (Tehilim 1:1)


(a) It is possible to make a Shali'ach (an agent) to establish all Kinyanim (acquisitions; the word "Kinyan" connotes a change of ownership or status, such as sales, gifts, Gitin and Kidushin). The Gemara states, "Shelucho Shel Adam Kemoso," i.e. [the act performed by] the Shali'ach of a person is like [an act performed by the person] himself (Kidushin 41b).
(b) A man who wants to betroth a woman does not need to give the money of Kidushin to the woman himself; he may appoint a Shali'ach to bring it to her. When the man appoints a Shali'ach to bring the Kidushin to his wife, this is called a "Shali'ach l'Holachah." A woman, too, may appoint a "Shali'ach l'Kabalah" to receive the Kidushin from her husband on her behalf, or to receive it from her husband's Shali'ach. When her Shali'ach l'Kabalah receives the Kidushin, the woman becomes betrothed as if she had received it herself.

(a) The Torah gives a father the right to marry off his daughter at any age before she is twelve years old.
(b) If she was divorced or widowed or her father died without marrying her off, the Chachamim gave the girl's mother and/or oldest brother the right to marry her off. In these cases the marriage is only mid'Rabanan and she must be at least ten years old, or at least six years old if she has an understanding of the concept of marriage.
(c) According to the RAMBAM and the RA'AVAD, in the above circumstances, the Chachamim also gave *her* the right to get married by herself. This marriage is also mid'Rabanan. According to the Rambam, she must be at least ten years old, or at least six years old if she has an understanding of the concept of marriage. According to the Ra'avad, however, her Kidushin is valid even if she has enough sense to guard the object given to her for her Kidushin (and she realizes that it was given to her for Kidushin).
(d) In the instances of marriage mid'Rabanan, before she reaches Halachic puberty and becomes a Na'arah (through the growth of two pubic hairs), she has the option of annulling the marriage through a procedure known as Mi'un (refusal). She says before two witnesses, "I do not want him," and the marriage is annulled retroactively. There is no need for her to receive a Get (a bill of divorce). A girl who is married off by her father cannot annul the marriage through Mi'un. (RAMBAM Hilchos Ishus 4:7-8)

6) [line 12] MACHRICH REISHA - he would scorch the head of an animal or burn off its hair, to prepare it for Shabbos

7) [line 12] MALACH SHIBUTA - he would salt a fish called Shibuta, probably a mullet

8) [line 16] DAVAR MEGUNEH - a disgraceful thing
9) [line 23] TAV L'MEISAV TAN DU, MIL'MEISAV ARMELU - it is better to sit together as a couple than to sit alone like a widow

10) [line 29] AD SHE'TIGDAL - until she grows up (and becomes a Na'arah)
11) [line 30] "V'SHILACH," "V'SHILCHAH," - [the man's ability to appoint a Shali'ach to give a Get to his wife is learned from the word] "v'Shilach" (Devarim 24:1), [and the woman's ability to appoint a Shali'ach to receive the Get on her behalf is learned from the addition of the letter "Heh" to that word,] "v'Shilchah" (the addition of the letter "Heh" teaches that the word can also be read "v'Shilchah" (without a Dagesh in the Heh) to mean "and *she* sends," i.e. she makes a Shali'ach to receive her Get.)

12) [line 35] B'AL KORCHAH - against her will

13) [line 35] V'YATZ'AH V'HAYESAH - Geirushin and Kidushin are compared to each other through a Hekesh (Kidushin 5a, Kesuvos 47a) in the verse, "v'Yatz'ah [mi'Beiso; v'Halchah] v'Hayesah [l'Ish Acher]" - "And she will leave [his house (the house of her first husband)] and she will be [a wife to another man]" (Devarim 24:2). The word "v'Yatz'ah ("and she will leave") refers to Geirushin, and "v'Hayesah" ("and she will be") refers to Kidushin.

14a) [line 36] HAVAYAH - (lit. being, becoming) Kidushin
b) [line 36] YETZI'AH - (lit. exiting) Geirushin
15) [line 36] MESHAVI SHALI'ACH - he makes a Shali'ach

(a) After a crop is harvested and brought to the owner's house or yard, he must separate Terumah Gedolah from the crop and give it to a Kohen. Although the Torah does not specify the amount to be given, the Rabanan set the requirement at one fiftieth of the total crop. More generous landowners separate one fortieth while the less generous separate one sixtieth.
(b) The Gemara derives from the verse (Bamidbar 18:28) that a landowner may appoint a Shali'ach to separate Terumah on his behalf.


17) [line 2] V'CHI TEIMA D'YALIF MI'GEIRUSHIN - and if you say that we learn [Shelichus] from Geirushin (BINYAN AV)
In the Introduction to the Sifra (the Halachic Midrash to Vayikra), Rebbi Yishmael lists thirteen methods that Chazal use for extracting the Halachah from the verses of the Torah. One of them is called Binyan Av. A Binyan Av (lit. "building through a father," -- father in this sense means a Biblical source), is a rule of Biblical interpretation in which one subject is deemed a prototype in order to apply a Halachah stated in that subject to other comparable subjects.

18) [line 3] SHE'KEN YESHNAN CHOL - that Geirushin takes effect with non-sanctified matters (in contrast to Terumah, which is sanctified, and thus we cannot learn from the fact that Shelichus works for Geirushin that Shelichus works for Terumah)

19a) [line 3] "ATEM" "GAM ATEM" - the Torah could have written "Atem" but added the word "Gam"
b) "[KEN TARIMU] GAM ATEM" - "[Thus] you also [shall offer an offering to HaSh-m of all your tithes, which you receive from the people of Yisrael; and you shall give from it HaSh-m's gift to Aharon the Kohen.]" (Bamidbar 18:28)

20) [line 6] YESHNAH B'MACHSHAVAH - [Terumah] takes effect through thought (as is derived from the verse, "v'Nechshav Lachem Terumaschem" (Bamidbar 18:27)). This is understood in two ways: (a) Terumah takes effect even if it is *not separated physically* from the rest of the produce (e.g. if he labels as Terumah either a specific part, or a portion that will be clarified later (through Bereirah), but leaves it together with the rest of the produce) (RASHI to Bechoros 59a); (b) Tosfos (Beitzah 13b DH k'Shem) adds that Terumah may be pronounced in one's mind (*rather than verbally*) (see TOSFOS to Bechoros ibid. DH b'Machshavah)

21) [line 7] CHABURAH SHE'AVAD PISCHAH - a group that lost its Korban Pesach
(a) It is a Mitzvah for all Jews to offer a Korban Pesach on the fourteenth of Nisan in the afternoon, as it states in the Torah, "and the whole assembly of the congregation of Yisrael shall slaughter it towards evening." (Shemos 12:6). The Pesach is an unblemished male lamb or goat within its first year that is roasted in its entirety.
(b) An adult (who was Tahor and was not far from the Beis ha'Mikdash on the fourteenth of Nisan) who willfully did not offer the Korban Pesach is liable to the Kares punishment.
(c) In order to eat from the Korban Pesach, a person must be "appointed" to the Korban before it is slaughtered. This appointment is called "Minuy." Each Pesach must have appointed to it people who are able to eat at least a k'Zayis of the meat on the night of the fifteenth of Nisan. The Korban is sacrificed in the name of all the people who were appointed for that specific Pesach animal. The people appointed to the Pesach then eat at least a k'Zayis of the Pesach together in a "Chaburah." (Some Tana'im maintain that a single Pesach may be split into many Chaburos eating in different places -- Pesachim 86a.) No bones of the Pesach are allowed to be broken (Shemos 12:46).
(d) The verses limit the people who are permitted to eat the Korban Pesach. Nochrim, people who are Tamei and men who are uncircumcised are prohibited from eating the Korban Pesach (Shemos 12:43-44).

22) [line 9] V'HEN LAKCHU V'SHACHATU - and they (the remaining members of the Chaburah) bought a new animal and slaughtered it as their Korban Pesach

23) [line 11] SHE'KEN YESHNAN CHOL ETZEL KODASHIM - these (Geirushin and Terumah) are considered like Chol (non-sanctified) when compared to Kodashim (i.e. Korban Pesach) (and thus the law of that Shelichus for Kodashim cannot be learned from Geirushin and Terumah)

24) [line 14] "V'SHACHATU OSO KOL KEHAL ADAS YISRAEL BEIN HA'ARBAYIM" - "and the whole assembly of the congregation of Yisrael shall slaughter it (the Korban Pesach) towards evening." (Shemos 12:6).

25) [line 28] BENEI BRIS - (lit. members of the covenant) Jews
26) [line 34] LAV BAR HEITEIRA HU KELAL - he (an Eved) has no pertinence to permitting (through Geirushin) at all (since he cannot become married)

27) [line 39] MEDAMA'AS (MEDUMA)
(a) Terumah only becomes Batel (canceled) if one part of Terumah falls into at least 100 parts of Chulin. Even if the Terumah is Batel, it is forbidden for non-Kohanim to eat the entire mixture; the equivalent of the amount of Terumah that fell in must first be removed.
(b) If the percentage of Terumah that fell into the Chulin was greater than one in one hundred, the mixture is known as *Meduma* (lit. mixed) and is forbidden to be eaten by non-Kohanim.
(c) According to Tosfos in Chulin 99a DH Ein, this law applies only if the Terumah was the same type of food as the Chulin; otherwise Terumah is Batel just like any other Isur.
(d) The Rabanan and Rebbi Shimon argue whether Terumah of a Nochri (separated from fruits grown in Eretz Yisrael) that falls into Chulin makes the Chulin prohibited (Rabanan) or not (Rebbi Shimon).

(a) After a crop is harvested and brought to the owner's house or yard, the owner must separate Terumah from the crop, which he gives to a Kohen. Kohanim and members of their households are allowed to eat Terumah, as long as they are Tehorim.
(b) If a non-Kohen eats Terumah without knowing that it is Terumah, he must replace what he ate in the form of a food that becomes Terumah (Tashlumei Terumah). He returns the Keren, the amount of Terumah that he ate, to the Kohen who owned the Terumah (see Insights to Pesachim 32:1). In addition, he is fined another Chomesh (fifth) of the ensuing total (i.e. a quarter of the value of what he ate). This Chomesh may be paid to any Kohen (Terumos 6:2), and is not necessarily given to the Kohen who owned the Terumah that was eaten.
(c) The Rabanan and Rebbi Shimon argue whether one who inadvertently eats Terumah of a Nochri (separated from fruits grown in Eretz Yisrael) is Chayav to pay a Chomesh (Rabanan) or not (Rebbi Shimon).

29) [line 42] ARISIN - hired field laborers who receive a percentage (1/2, 1/3 or 1/4) of the produce of the field

30) [line 42] SHUTFIN - partners
31) [line 43] APOTROPOS - (O.F. seneschal) steward, manager of the estate (RASHI to Sukah 27a)

32) [line 43] HA'TOREM ES SHE'EINO SHELO - one who separates Terumah for fruits that do not belong to him

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