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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.

(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.

(a) For a description of the Mitzvah of Yibum, see Background to Gitin 24:14.
(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." (Tzefanyah 3:13)

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 Yevamos 89:13).
(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)

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