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Kidushin 44

KIDUSHIN 44 - dedicated by Rav Mordechai Rabin (London/Har Nof), in honor of the Yahrzeit of his mother (28 Sivan).

(a) If a married man dies childless, his widow must undergo Yibum (the marriage of a dead man's brother with his wife), as it states in Devarim 25:5-10. While the Yevamah is waiting for Yibum to be performed, she is called a Shomeres Yavam. (See Background to Kidushin 17:18.)
(b) When a man marries off his daughter who is a Ketanah (a girl under the age of 12), with Eirusin, and then she is widowed, her father retains the rights to marry her off. He may perform Ma'amar for her, betrothing her with Eirusin to one of the brothers of her deceased husband, by accepting money or a Shtar from one of them.

2) [line 9] HASAM B'MA'AMAR BE'AL KORCHAH - there (the Beraisa) is discussing Ma'amar that is done against her (the Na'arah's) will

3) [line 26] HO'IL U'ZEKUKAH V'OMEDES - since she is already bound [to her Yavam, by virtue of her marriage to his brother who has died] (Ma'amar therefore is different from Geirushin and Kidushin)
(a) If a married man dies childless and has brothers who survive him, his widow or widows may not remarry until one of her husband's brothers performs Yibum (levirate marriage) or Chalitzah (levirate release) with one of them, as it states in Devarim 25:5-10.
(b) The *connection* of the live brother or brothers to the dead man's wife or wives, which prevents the wives from marrying without Yibum or Chalitzah, is called Zikah and the wife is called a "Zekukah." Zikah is comparable to the state of Eirusin (betrothal) before a marriage. Another name for the widow who awaits Yibum or Chalitzah is a "Shomeres Yavam." (See Background to Kidushin 17:18.)

4) [line 32] HA'OMER L'ISHAH HISKADSHI LI BI'TEMARAH ZO, HISKADSHI LI B'ZO - one who [gives two dates to and] says to a woman, "Become betrothed to me with this (first) date, become betrothed to me with this (second date)" (the Kidushin takes effect only if either date, by itself, is worth at least a Perutah; since he said two phrases of "become betrothed to me," each one is a separate act of Kidushin, and thus the two dates cannot be combined to equal a Perutah)

5) [line 33] MAN TANA HISKADSHI HISKADSHI - who is the Tana who taught the case of "Hiskadshi, Hiskadshi" (see previous entry)?

6) [line 34] AD SHE'YOMAR SHEVU'AH L'CHOL ECHAD V'ECHAD - until he says "[I hereby make a] Shevu'ah" to each and every one (SHEVU'AS HA'PIKADON)
(a) If one of the litigants in a court case claims that his opponent owes him money or is unjustly holding onto an item that belongs to him, the claimant has the right to force the accused to take an oath that he holds no such money. The oath that the accused takes to assert that he is not harboring any money or item is called a Shevu'as ha'Pikadon. If the accused later admits to his sin, he must return what he stole, pay a fine of Chomesh (a fifth of the ensuing total, or a *fourth* of the original value of the money he withheld) and bring a Korban Asham to receive atonement (Vayikra 5:20-26).
(b) If five different claimants accuse him of unjustly holding onto items that belong to them, and he makes a false oath that he is not holding their items, he must bring a Korban Asham for each oath, but only if he said the words, "I swear...," to each one. If he said to all of them, "I swear that I have nothing of yours in my possession," then he only brings one Korban Asham.

7) [line 35] PERATEI - specific statements (that separate each statement into an act of Kidushin unto itself in the case of "Hiskadshi, Hiskadshi," or that separate each statement into a Shevu'ah unto itself in the case of "Shevu'ah")

8) [line 35] ZEH HA'KELAL: KALAL, EINO CHAYAV ELA ACHAS; PARAT, CHAYAV AL KOL ACHAS V'ACHAS - this is the rule: if he included [all of the denials in one statement,] he is only obligated [to bring] one [Korban Asham]; if he specified [each denial in a separate statement], he is obligated for each and every one [a separate Korban Asham]

9) [line 40] LO AL - did not go up
10) [line 42] CHAVRUSA KULA K'REBBI YOCHANAN - the entire group is [holding] like Rebbi Yochanan (who says that the Rabanan agree with Rebbi Yehudah that only the father may accept the Na'arah's Kidushin)

11) [line 42] V'TZAVACH REISH LAKISH KI KERUCHIYA, "V'YATZ'AH V'HAYESAH" - and Reish Lakish shouted like a crane, "[It is written in the verse,] v'Yatz'ah v'Hayesah" (a Hekesh in Devarim 24:2) linking the laws of Kidushin with the laws of Gerushin)

12) [line 43] V'LEIKA D'ASHGACH BEI - but nobody paid attention to him
13) [line 43] AMAR LEI, "REBBI AVIN BAR SAMCHA HU?" - he (Rebbi Asi) said to him (Rebbi Zeira), "Is Rebbi Avin one upon whom to rely?"

14) [line 44] IN, K'MIN YAMA L'TIGNI HU - [Rebbi Zeira answered:] (a) "Yes, like [a fish] from the sea to the frying pan" (i.e. Rebbi Avin is reliable, for there was no tisme for him to forget the teaching, because as soon as he heard it and left the Beis Midrash, he told it to me immediately) (RASHI),
(b) "Yes, like [one who reports something] from Yama (the name of a place) to Tigni (a nearby place)" (i.e. Rebbi Avin is reliable, for he would not lie because it is easy to find out the truth) (RABEINU CHANANEL, cited by Tosfos)


15) [line 2] K'CHATZER AVIHA DAMYA? (KINYAN CHATZER) - is she (the Na'arah) like the courtyard of her father?
(a) When a person buys or sells an object, he must make a Ma'aseh Kinyan (a formal Halachically-binding act denoting the change in status). The forms of Ma'aseh Kinyan that may be used for Metaltelin (mobile items) are: - 1. Hagbahah, i.e. lifting an item; 2. Meshichah (lit. pulling), i.e. causing an item to move; 3. Chatzer, i.e. bringing the item into one's domain; 4. Chalipin (barter); 5. Mesirah, i.e. handing over the reigns of an animal or the tie-lines of a boat;
(b) The Torah gives to the father of a Na'arah the right to accept Kidushin for her. Likewise, the Torah gives him the right to accept a divorce for her. According to the opinion that a Na'arah may also accept a Get for herself, the Gemara asks whether her ability to accept a Get for herself is because she is like the *Chatzer* of her father, in which case she *cannot* appoint a Shali'ach to accept it, or whether her ability to accept a Get for herself is because she is like an extension of the *hand* of her father, then she may appoint a Shali'ach to accept it (just like the father may). (See Insights to Kidushin 44:1.)

16) [line 8] NEI'OR - awake
17) [line 9] CHATZER MISHTAMERES SHE'LO L'DA'ATAH - it is a courtyard (i.e. any private property) that is not being protected as a result of her (i.e. the owner's) authority

18) [line 13] MI ALIMA - is she as strong
19) [line 14] (EIN) [EINAH] OSAH SHALI'ACH - she cannot make a Shali'ach (to accept her Get) (the Girsa change is from the YA'AVETZ)

20) [line 27] MI'UN
(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) 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)

21) [line 28] DEVARIM B'GO - there are things within it (i.e. there are problems with Shmuel's ruling)

22a) [line 30] KAFREI - the name of a town
b) [line 30] APCHUHA - they switched around [the opinion of Shmuel with the question of Karna]
c) [line 30] SHADRUHA - they sent it

23) [line 31] HA'ELOKIM! - Indeed! (using "ha'Elokim," which is an oath, for emphasis)
24) [line 32] ZAR'EI D'ABA BAR ABA - the descendant (son) of Aba bar Aba (i.e. Shmuel)

25) [line 36] V'HU SHE'SHADCHU - this (the ruling that a Ketanah who accepts Kidushin without her father's consent requires a Get and Mi'un) applies only when they had been matched up (the man spoke with the Ketanah's father about marrying her (see Background to Kidushin 2:1:II:a), and thus there is reason to assume that the father consented)

26) [line 39] V'CHULAN... (YIBUM: TZARAS ERVAH)
(a) When a man dies childless and his wife is an Ervah to the Yavam, she does not fall to Yibum and as such she is exempt from the Mitzvos of Yibum and Chalitzah. She may marry whomever she pleases, immediately. Chazal teach (Yevamos 3b, 8a) that not only is the Ervah exempt from Yibum and Chalitzah, but also her Tzarah, the second wife of the deceased. (However, if there are other Yevamim to whom she is not prohibited because of an Isur Ervah, the two women may not get married until one of the Yevamim performs Yibum or Chalitzah with one of the wives of the deceased.) There are fifteen such cases of Ervah that exempt the other wife or wives from Yibum.
(b) The Mishnah in Yevamos (2b) states that if the wife who is an Ervah to the Yavam died, did Mi'un, was divorced, or was found to be an Ailonis (see next entry) before the husband died, in which case the Ervah was not married to him at the time of his death, then the other wife may then perform Yibum with the Yavam.

27) [line 40] AILONIS - a woman who is incapable of conception. This word is derived from the word "Ayil," a ram, which is a male sheep that does not have a womb (Kesuvos 11a)

28a) [line 41] HU MOSIV LAH - he (Rav Kahana) asked the question
b) [line 42] V'HU MEFAREK LAH - and he himself answered it

29) [line 42] KEGON SHE'NA'ASEH LAH MA'ASEH YESOMAH B'CHAYEI HA'AV - such as when she did an act of a Yesomah in the lifetime of her father. After being divorced or widowed from a prior marriage (with Nisu'in), the Ketanah accepted Kidushin for herself from another man. Since her prior Nisu'in removed her from the domain of her father completely, she is considered a "Yesomah in the lifetime of her father."

(a) A destitute father, under certain circumstances, may sell his daughter into servitude to a Jewish master as long as she is a minor. The sale is for a period of six years or until she becomes a Gedolah (when two pubic hairs grow after she enters her 12th year) or until the Yovel year (the year after seven Shemitah cycles), whichever comes first. During this period she is called an "Amah ha'Ivriyah."
(b) The Torah gives to the master of a Jewish maidservant the option of being Mekadesh her through a procedure called "Yi'ud." The Kidushin takes effect through the money that he initially gave to her father when he purchased her, as described on Daf 19a.
(c) The Rabanan maintain that a father may not sell his daughter to a relative whom she is prohibited to marry, because there must be at least the opportunity for the buyer to perform Yi'ud with her.

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