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Kidushin 48

KIDUSHIN 48 - has been dedicated by the Feldman family in honor of the Yahrzeit of the Lubavitcher Rebbe, Nishmaso b'Ginzei Meromim (3 Tamuz).

1a) [line 1] V'CHAZAR U'MACHALO - and then he forgives it (the debt)
b) [line 1] MACHUL - it is forgiven
2) [line 9] MANEH LI B'YADCHA - my Maneh is in your hands (i.e. you owe me one Maneh)

3) [line 10] B'MA'AMAD SHELOSHTAN - in the presence of the three of them
(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) However in certain circumstances Chazal decided that the transfer of ownership could be effected by speech alone. One of these circumstances is known as "Ma'amad Sheloshtan." If Shimon is holding money (either as a loan or a deposit, see Gemara later) for Reuven, and Reuven wants to give the money as a gift to Levi, Reuven can tell Shimon in the presence of all three of them that Shimon should give the money to Levi. A formal Ma'aseh Kinyan in front of witnesses is not required. Even though there is no specific proof or precedent for this practice from earlier sources, Rav ruled that this is the Halachah, since the above scenario is a common occurrence, and would be unnecessarily burdensome otherwise (RASHBAM to Bava Basra 144a).

4) [line 15] SHAMIN ES HA'NEYAR - we appraise the value of the paper (or parchment)

5a) [line 20] KEGON SHE'KIDSHAH BI'SHTAR SHE'EIN ALAV EIDIM - in a case such as when he betrothed her with a Shtar (Shtar Eirusin) on which there were no witnesses [signed]
b) [line 20] BI'SHTAR - with a Shtar Eirusin, a document containing the words, "Harei At Mekudeshes Li" - "Behold you are betrothed to me". One of the ways to betroth a woman is to hand her such a document (Mishnah Kidushin 2a).

(a) Rebbi Meir and Rebbi Elazar argue with regard to which witnesses make the Shtar take effect. Rebbi Elazar maintains that Edei *Mesirah* Karsei, the witnesses who watch the Shtar being given are the main part of the Shtar, i.e. the ones who make the Shtar take effect. Rebbi Meir maintains that Edei *Chasimah* Karsei, meaning that the witnesses who sign the Shtar are the main part of the Shtar and are the ones who make the Shtar take effect.
(b) According to Rebbi Elazar, who rules Edei Mesirah Karsei, witnesses sign a Get (or Shtar) because of "Tikun ha'Olam" - "for the well-being of the world." Although the Get is valid without the signatures of the witnesses, it was instituted that the witnesses sign the Get (or Shtar) for the sake of all those who receive such legal documents, so that in case the witnesses who testified to the event have died, their signatures (which are recognized by other witnesses) will remain as testimony to the event.
(c) Since this argument has its source in the laws of divorce, the literal meaning of the words is that Edei Chasimah or Mesirah *cut*. That is, Edei Chasimah or Mesirah are responsible for making a Get (a bill of divorce) take effect, giving it the status of a "Sefer Kerisus" (a document that *cuts* [the bond between the married couple] -- Devarim 24:1) (RASHI).

7) [line 25] V'IM LAV EINAH MEKUDESHES - and if not (if the paper on which the Shtar is written is not worth a Perutah) she is not betrothed. (RASHI and TOSFOS delete these words from the Gemara, because if the paper is not worth a Perutah, then there is a *doubt* whether the woman is betrothed -- because perhaps the Halachah is like Rebbi Elazar who says that Edei Mesirah Karsei, and thus the Shtar would work for the Kidushin as a Shtar and not as Kesef. TOSFOS RI HA'ZAKEN leaves these words in the Gemara and explains that "Einah Mekudeshes" means that "she is not betrothed *for certain*," but rather only out of doubt.)

8) [line 26] KEGON SHE'KASVO SHE'LO LISHMAH - in a case such as where he wrote it (the Shtar Eirusin) not for her sake; the document was written for one woman, but was given to create Kidushin with another woman

9) [line 28] HAVAYAH L'YETZI'AH MAKSHINAN? - Do we compare [the methods of] becoming [married; i.e. methods of Kidushin] to [the methods of] going out (i.e. divorce)?

10) [line 30] O DILMA HAVAYOS L'HADADEI MAKSHINAN? - Or do we compare the methods of becoming married (Kidushin) to each other?

11) [line 32] BASAR D'BA'AYA HADAR PASHTAH - after he asked [the question], he then answered it

12) [line 33] V'YATZ'AH V'HAYESAH - Geirushin and Kidushin are compared to each other through a Hekesh (Kesuvos 5a, 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.

13) [line 36] SHE'LO MI'DA'ATAH - [the Shtar Eirusin was written for the sake of the woman but] without her knowledge

14a) [line 41] ASEH LI SHIRAYIM...V'EKADESH ANI LACH - [if a woman gives gold to a man and tells him,] "Make for me bracelets (brooches), etc. and I will be betrothed to you"
b) [line 42] NEZAMIM - nose rings or earrings (see Ibn Ezra to Bereishis 24:22)
c) [line 42] TABA'OS - rings

15) [line 44] ILEIMA OSO MAMON - if we say that it means [when he returns] the [finished product of] gold [which the woman gave to the craftsman to work on] (and that is when the Chachamim say that she is Mekudeshes)

16) [line 44] MICHLAL D'TANA KAMA SAVAR AFILU OSO MAMON NAMI LO?! - then this would imply that the Tana Kama (Rebbi Meir) holds that even if he has not given back that [finished product of] gold, [she would still be Mekudeshes to him]!?

17) [line 45] ELA B'MAI (BO) MIKADSHA!? - but, then, with what did he betroth her!?

18) [line 45] ELA LAV B'MAMON ACHER - rather it means that when he gives her other money (and that is when the Chachamim say that she is Mekudeshes, while Rebbi Meir holds that she is Mekudeshes when he returns just the finished product of gold to her)

19) [line 46] YESHNAH LI'SECHIRUS MI'TECHILAH V'AD SOF - (lit. the compensation for a hired worker is from the beginning until the end) The employer of a hired worker becomes obligated to pay the worker for his completed work when the worker completes each Perutah's worth of work, as opposed to becoming obligated only when the worker is completely finished with all of the work.


A craftsman who fashions a utensil out of raw materials is considered to have acquired the utensil little by little as he brings about each Perutah's worth of improvement in the utensil.

21) [line 10] NOFECH - generally, a gem (specifically, a carbuncle, ruby, or emerald; see commentary of Rabbi Aryeh Kaplan to Shemos 18:8)

22) [line 11] MILVEH U'FERUTAH, (DA'ATEI) [DA'ATAH] A'FERUTAH - [when one is Mekadesh a woman by giving her] a loan and a Perutah, her mind is on the Perutah (therefore, the Kidushin takes effect)

23) [line 17] REBBI YEHUDAH HA'NASI - Rebbi Yehudah "the Prince" and leader of the Jewish people in Eretz Yisrael. He was from Tzipori, a city in the lower Galilee, approximately midway between Tiberias and Haifa, where he finished editing the Mishnah.

24) [line 28] IM HIT'AH L'SHEVACH MEKUDESHES - if he misled her for her benefit, she becomes betrothed

25a) [line 32] MAYA - water
b) [line 33] CHAMRA - wine
c) [line 33] TZIHARA - (a) fish brine (used as a dip); (b) oil (from "Yitzhar," as in Bamidbar 18:12) (RASHI)

26) [line 35] CHALA - vinegar
27) [line 39] ASHKACHTEI L'ABAYE - I found Abaye
28) [line 44] MAR'EH MAKOM HU LO - he was just showing to him (his Shali'ach) the way [to be Mekadesh the woman]

29) [line 47] ARI SHEBA'CHABURAH - the "lion" in our group of scholars (the greatest scholar)

30) [line 48] TARGIMNA - we have explained it
31) [line 52] KA TZAYAR B'VALISA - it was wrapped in a rag

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