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Kidushin 42

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

1) [line 7] "V'YIKCHU LAHEM, ISH, SEH L'VEIS AVOS, SEH LA'BAYIS." - "They shall take for themselves, each man, a lamb for each family, a lamb for each household." (Shemos 12:3)

(a) When a person buys or sells an object, or marries or divorces a woman, he must make a Ma'aseh Kinyan (a formal Halachically-binding act denoting the change in status). This act may be performed by the Shali'ach (agent) of the person who makes the Kinyan instead of the person himself.
(b) When the acquisition of a certain object is unquestionably beneficial for a person, someone may acquire it for the person as if he were his Shali'ach even though he was not actually appointed a Shali'ach to do so. This act is called Zachin l'Adam she'Lo b'Fanav. The Rishonim argue as to how "Zachin" works. Some state that there is an "Anan Sahadei" (lit. "we are witnesses," - i.e. it is as clear to us as if he stated it himself) that the person would have made him a Shali'ach in this case (RASHI to Gitin 9b DH Yachzor, TOSFOS to Kesuvos 11a DH Matbilin). Other Rishonim claim that "Zachin" does not work through a vehicle of Shelichus at all, since it also works for minors who Halachically cannot appoint Shelichim. Rather, the Torah created a new law called "Zachin..." that allows one person to acquire an object for another person in such cases (RASHBA and RITVA to Kidushin 23b -- see Insights there; RAN to Kidushin 42a; this may be an argument among the Tana'im in Bava Basra 156b).

3) [line 13] HA'HU ME'"ISH LEFI OCHLO" NAFKA - that Halachah (that an adult may be Zocheh on behalf of others, but not a minor) is derived from the verse, "Each *man* [shall be designated for a lamb] according to how much each one will eat" (Shemos 12:4)

4) [line 17] "V'NASI ECHAD NASI ECHAD MI'MATEH." - "And one leader, one leader from each tribe" (Bamidbar 34:17) - Each Nasi served as the Shali'ach for his tribe to divide the land that his tribe received among the members of that tribe.

5) [line 25] BIK'AH - a plain [of open fields], valley
6) [line 37] D'IM KEN, MAH KO'ACH BEIS DIN YAFEH? - for if so, how will the authority of Beis Din be effective (if we do not fulfill their decision strictly)?

7) [line 38] SHUM HA'DAYANIN - an appraisal and sale of land made by Beis Din to repay the owner's debt (TIF'ERES YISRAEL, Kesuvos 99b)

8) [line 39] SHE'PICHASU SHETUS (ONA'AH) - who sold the field for a sixth less than it was worth
(a) If a person makes a profit of one sixth of the total value on an item that he sells without the purchaser's knowledge, the transaction is valid, but the seller must return the profit to the purchaser. If the profit is less than one sixth, nothing is returned. If the profit is more than one sixth, the sale is invalid even if the profit is returned.
(b) With regard to sales of real estate, even if the profit is more than one sixth, the sale is valid and nothing is returned.
(c) When Beis Din errs in an appraisal of property by a sixth of its value, the Rabanan and Raban Shimon ben Gamliel argue whether the sale is binding (because of "Im Ken, Mah Ko'ach Beis Din Yafeh;" this is the view of Raban Shimon) or it is not binding (Rabanan).


9) [line 2] BA'RUCHOS - the different sides of the fields (east, west, etc.)
10) [line 3] LEKUCHOS - buyers

11) [line 5] ONA'AH
See above, entry #8.

12) [line 7] LO AMARAN ELA D'LO SHAVYEI SHALI'ACH - we do not say this (that is, the law that if the error in the division of the inherited property is less than a sixth, the division remains binding) except in the case where he did not appoint an agent [to represent him in dividing the estate]

13) [line 8] L'SAKUNI SHEDARTICH V'LO L'AVUSI - [in the case where the brother appointed an agent to represent him in dividing the estate and an error of less than a sixth was made, the division is not valid because the brother can claim,] I sent you to benefit me and not to cause me a loss

14) [line 9] LO AMARAN ELA D'LO AMAR NIFLIGAN B'SHUMA D'VEI DINA - we do not say this (that is, the law that if the error in the division of the inherited property is more than a sixth, the division is invalid) except in the case where the brother did not say, "Let us divide it based on the appraisal of the court" (see, however, alternate Girsa of Rabeinu Tam and Rach, cited by TOSFOS DH Hachi Garsinan)

15a) [line 17] ILUYA - [according to the property's] value
b) [line 18] MASHCHASA - [according to the property's] measured size

16a) [line 19] MIDAH - [anything that is sold according to its] measure
b) [line 19] MISHKAL - [according to its] weight
c) [line 19] MINYAN - [according to its] count

17) [line 21] HA'SHOLE'ACH ES HA'BE'EIRAH - he who sends a fire (which damages the property of another person)

18a) [line 21] CHERESH - a deaf mute
b) [line 21] SHOTEH - (lit. a fool) a person who is mad or deranged (see Background to Gitin 70:66 for the Halachic definition of someone classified as a Shoteh)
c) [line 21] KATAN - a minor (a boy under the age of 13 and a girl under the age of 12)

19) [line 22] PATUR B'DINEI ADAM V'CHAYAV B'DINEI SHAMAYIM - he is exempt from laws of man, but he is liable by the laws of Heaven

20) [line 24] EIN SHALI'ACH LI'DEVAR AVEIRAH - a Shali'ach cannot be appointed to perform an Aveirah
See Insights to Kidushin 42:3.

21) [line 25] DIVREI HA'RAV, V'DIVREI SALMID, DIVREI MI SHOM'IM? - [when one is commanded by] the words of the master, and the words of the disciple, to whose words does one listen?

(a) It is forbidden to derive personal benefit from anything that is Hekdesh, as the Torah states, "Lo Suchal le'Echol b'Sha'arecha... u'Nedarecha Asher Tidor" - "You may not eat in your settlements... and your pledges [to Hekdesh] that you will pledge" (Devarim 12:17) (RAMBAM Hilchos Me'ilah 1:1-3). The minimum amount for which one transgresses this prohibition is a Perutah's worth of benefit.
(b) If someone benefited from Hekdesh intentionally, he receives Malkos and must pay to Hekdesh the amount that he benefited. However, the object from which he benefited remains Hekdesh.
(c) If someone benefited from Hekdesh unintentionally, the object loses its Kedushah. He must bring a Korban Me'ilah and repay Hekdesh the value of his benefit plus an additional *fifth* (of the ensuing total, or a *quarter* of the original value). This is true of any object that has Kedushas Damim (i.e. its value is consecrated to Hekdesh). An object that has Kedushas ha'Guf (i.e. an object with intrinsic Kedushah, such as the utensils used in the Beis ha'Mikdash or a live Korban that is used in the Beis ha'Mikdash "as is") does not lose its Kedushah under any circumstances (Rosh Hashanah 28a).

b) [line 26] SHALI'ACH SHE'LO ASAH SHELICHUSO - a Shali'ach (messenger) who did not carry out his assignment as he was told; e.g. he bought an item different from the one he was told to buy
c) [line 27] ASAH SHELICHUSO - if he carried out his assignment as he was told; e.g. he bought the exact item he was told to buy

23) [line 33] SHELICHUS YAD
(a) The Torah (Shemos 22:6-8) teaches that when the owner of an item deposits his item with someone to watch it for him, and the watchman uses the item without the owner's permission, the watchman assumes full responsibility for the item. The watchman becomes obligated to return the item (or its value) to the owner even if an uncontrollable accident occurs and destroys it.
(b) Beis Shamai and Beis Hillel argue whether the watchman must actually use the item in order to be completely responsible for it (Beis Hillel), or he becomes completely responsible for the item even if he merely thinks or says that he is going to use it (Beis Shamai).

24) [line 36] "AL KOL DEVAR PESHA..." - "In every case of liability..." (Shemos 22:8)

25) [line 40] "... IM LO SHALACH YADO BIM'LECHES RE'EHU." - "...that he did not lay his hand on the property of his friend." (Shemos 22:7)

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