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Previous daf Kidushin 45
KIDUSHIN 45 - 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 1] ALMANAH L'CHOHEN GADOL / GERUSAH V'CHALUTZAH L'CHOHEN HEDYOT
(a) The Torah (Vayikra 21:14) commands a Kohen Gadol not to marry a widow
(Almanah), divorcee (Gerushah), prostitute ("Zonah" -- see Background to
Gitin 79:22) or Chalalah. An ordinary Kohen (Hedyot) is permitted to marry a
widow, but not any of the other women listed above. The child from one of
the above-mentioned unions is invalidated from the Kehunah, and is called a
"Chalal." The Rabanan also prohibited all Kohanim from marrying a Chalutzah
(see Background to Gitin 80:4), and made the children of a Kohen from a
Chalutzah Chalalim mid'Rabanan.
(b) A Chalal may not serve in the Beis ha'Mikdash, and according to some
sources he is Chayav Misah b'Yedei Shamayim if he does (MINCHAS CHINUCH
275:5). A Chalal does not eat Terumah or the Kodshim reserved for Kohanim
(Terumos 8:1), and is not restricted with regard to the women that he is
allowed to marry. Chalalim are not prohibited from coming into contact with
corpses. Chalalim are not considered Kohanim with regard to the other
privileges and restrictions pertaining to Kohanim, as well.
(c) A widow, divorcee or prostitute who has relations with a Kohen Gadol,
and a divorcee or prostitute who has relations with a regular Kohen, becomes
a "Chalalah." Female children born through such a union are also Chalalos.
Also, any Jewish woman who has relations with a Chalal becomes a Chalalah
(even though she is permitted to have relations with him).
(d) A Chalalah is prohibited to marry a Kohen. If she does marry (and have
relations with) a Kohen, the Chalalah and the Kohen are punished with
Malkos. A Chalalah may not eat Terumah. Although a Jewish woman who has
living children from a Kohen normally eats Terumah, if she becomes a
Chalalah she may no longer eat Terumah. Similarly, although the daughter of
a Kohen normally eats Terumah until she becomes married to a non-Kohen, if
she becomes a Chalalah she may no longer eat Terumah (Yevamos 69a).
(e) There is a Mitzvas Aseh for a Kohen Gadol to marry a Besulah (Vayikra
21:13). If he transgresses this Aseh and marries a Be'ulah (who is not an
Almanah), the Tana'im argue as to whether the woman becomes a Chalalah and
whether the child is a Chalal.
2) [line 4] EIN ADAM MOCHER ES BITO L'SHIFCHUS ACHAR ISHUS (a man may not
sell his daughter as a maid-servant after having married her off)
(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) According to some opinions, once the father has married his daughter off
(see Background to Kidushin 41:5), even if she becomes widowed or divorced
before Nisu'in the father may no longer sell his daughter into servitude.
(See Kidushin Chart #2.)
3) [line 8] MA'OS HA'RISHONOS LAV L'KIDUSHIN NITNU - the Kidushei Yi'ud does
*not* take effect through the money that the master initially gave to the
Amah's father when he purchased her. (Rather, it takes effect when the
master absolves her of the remainder of her obligation of servitude, thus
doing the Amah a favor that is of value to her. In order for this to take
place, there must be enough time left in the day for there to be a
significant monetary amount of servitude left, i.e. a Perutah or more.)
4) [line 10] MEMA'ENES L'MA'AMARO V'EINAH MEMA'ENES L'ZIKASO - a girl less
than twelve years of age may refuse to undergo Yibum by exercising her right
of Mi'un (refusal -- see Background to Kidushin 44:20) in order to annul the
Ma'amar (See Background to Yevamos 95:3) of the Yavam who has given her
money or a Shtar to effect Ma'amar (the equivalent of Kidushin with respect
to Yibum). However, she may not annul her original marriage (to the
now-deceased brother) along with the Zikah to the surviving brother through
exercising Mi'un on the Yavam; she or her Tzarah (co-wife) must undergo
Chalitzah before she is free to marry whomever she chooses.
5) [line 12] TZERICHAH GET (GET YEVAMIN)
(a) For a description of the Mitzvah of Yibum, see Background to Gitin
(b) Just as Chazal enacted Kidushei Ma'amar for a Yevamah (similar to
Kidushin (i.e. Eirusin, or betrothal) for all women), so, too, they enacted
a Get Yevamim.
(c) If one of the surviving brothers performed Kidushei Ma'amar with the
Yevamah and then he decides to release her from the Zikas Yevamim through
Chalitzah, he must give her a Get Yevamim besides the Chalitzah.
6) [line 12] CHALITZAH
(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) If the live brother does not wish to marry the dead brother's widow, he
must perform Chalitzah. To do so, he appears before a Beis Din of three and
states, "I do not want to marry her," after which his sister-in-law
approaches him before the elders, takes off his right sandal and spits in
front of him. She then declares, "This is what shall be done to the man who
will not build up a family for his brother." After this process is
completed, she is free to marry whomever she wants.
7) [line 20] ACHOS CHALUTZAH - the sister of a Chalutzah (a woman who
performed Chalitzah with the brother of her deceased husband) is prohibited,
mid'Rabanan, to marry the man who performed Chalitzah with her sister.
8) [line 23] HANHU BEI TREI - those two people
9) [line 23] D'HAVU SHASU CHAMRA - who were drinking wine
10) [line 24] TUSEI TZIFEI B'VAVEL - (a) underneath the branches of a
Tzaf'tzefah tree (a poplar tree; a tree with branches similar to those of a
willow but having rounded leaves and a white stem) in Bavel, (b) underneath
mats spread across protruding pegs in Reshus ha'Rabim to protect those who
rest there from the sun (RASHI)
11) [line 3] ARTZUYEI ARTZEYHEI KAMEI - perhaps he (the son) expressed his
willingness [to marry the woman] in front of him (the father)
12) [line 6] KISHA D'YARKA - a small bundle of vegetables
13) [line 10] BIZAYON D'MAI - what is the element of disgrace [involved in
being Mekadesh a woman in the marketplace with a bundle of vegetables]
14) [line 10] IY BIZAYON D'YARKA, IY BIZAYON D'SHUKA - is the disgrace
because he was Mekadesh her with vegetables, or is the disgrace because he
was Mekadesh it the [public] marketplace
15) [line 13] LI'KERIVA'I - [I want her to be wed] to my relative
16) [line 13] KAFTEI - she forced (persuaded) him
17) [line 15] IGRA - attic, upper floor
18) [line 16] "SHE'ERIS YISRAEL LO YA'ASU AVLAH V'LO YEDABRU CHAZAV." - "The
remnant of Yisrael does no iniquity, and does not speak deceitfully."
19) [line 21] OCHELES BI'TERUMAH (TERUMAH: ESHES KOHEN)
A non-Kohen may not eat Terumah. A Kohen's wife who is not herself a Kohenes
(the daughter of a Kohen) may eat Terumah as long as they are married or as
long as any of their offspring are alive, as is learned from the verses
(Vayikra 22:11, Bamidbar 18:11) and the Mishnah (Nidah 44a). The Kohen's
wife must be at least three years old for this Halachah to apply.
20) [line 21] V'YIMCHEH - and he will protest
21) [line 25] IM MESAH EINAH YORSHAH (YERUSHAH: HA'BA'AL YORESH ES ISHTO
NESU'AH V'LO ARUSAH) - if she dies, he (her husband) does not inherit her
(a) A husband is entitled to inherit his wife's estate upon her death. The
Tana'im argue as to whether the inheritance of a wife's estate by her
husband is mid'Oraisa or mid'Rabanan. According to those who rule that it is
mid'Rabanan, the Torah law dictates that her estate go to her sons, her
father or to her closest blood relative. The Rabanan gave her inheritance to
her husband using the power of "Hefker Beis Din Hefker" (see Background to
(b) According to the Tana'im who rule that the inheritance of the husband is
mid'Oraisa, it is learned from the verse, "li'She'ero ha'Karov Eilav
mi'Mishpachto, v'Yarash Osah" - "[And if his father has no brothers, then
you shall give his inheritance] to his next of kin from his family, and he
shall possess it..." (Bamidbar 27:11). Chazal interpret the words "v'Yarash
Osah" as applying to his wife, "and he shall inherit *her*." For this
purpose, one of the Amora'aim rearranges the verse to read, "l'Karov Eilav
mi'Mishpachto, She'ero v'Yarash Osah" - "[then you shall give his
inheritance] to his next of kin from his family; and his wife, he shall
inherit her" (Bava Basra 111b).
22) [line 26] UKI MAMONA B'CHEZKAS MAREI - leave the money in the possession
of its owner
23) [line 32] MIRTACH RASACH - he is so angry [that he cannot speak]
24) [line 35] ISNUCHEI ISNECHA LEI - it is pleasing to him
25) [line 39] "KA'CHOMETZ L'SHINAYIM V'CHE'ASHAN LA'EINAYIM, KEN HE'ATZEL
L'SHOLCHAV" - "As vinegar to the teeth and as smoke to the eyes; so is the
sluggard to those who send him" (Mishlei 10:26)