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Kidushin 49

KIDUSHIN 49-50 - 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.

Two types of Gitin were in use at the time of Chazal: a Get Pashut and a Get Mekushar. A Get Pashut is written on a piece of parchment, etc., that is Pashut (spread out and unfolded), and the witnesses sign on the bottom, below the text. A Get Mekushar is written in a very cumbersome manner. After leaving a line blank on the top, one or two lines are written and three or four lines are left blank. Next, part of the parchment is folded over the writing and the fold is sewn down. A witness must sign on the part that is folded over (i.e. the back of the Get). This process is repeated two or more times until the entire text of the Get is written and there are as many witnesses as folds. The Get Mekushar was instituted so that quick-tempered Kohanim would not be able to divorce their wives easily, since a Kohen may not marry a divorcee. It was assumed that the amount of time necessary to write a Get Mekushar would give the Kohen time to calm down.

2) [line 14] MAR'EH MAKOM HU LO - he was just showing to him (his Shali'ach, i.e. the Sofer) the way [to write a Get for his wife in the easiest manner]

The Torah requires that the Get be given directly into the hands of the woman (Devarim 24:1). However, a husband who wants to divorce his wife does not need to give the Get to the woman himself; he may appoint a Shali'ach to bring the Get and hand it to her. When the man appoints a Shali'ach to bring the Get to his wife, this is called a "Shali'ach l'Holachah." A woman, too, may appoint a "Shali'ach l'Kabalah" to receive the Get from her husband on her behalf, or to receive the Get from her husband's Shali'ach. When her Shali'ach l'Kabalah receives the Get, the woman becomes divorced as if she had received it herself. The woman may also appoint a "Shali'ach l'Hava'ah" to receive the Get from the man and to bring it to her (in which case, she is not divorced until the Shali'ach l'Hava'ah gives her the Get).

4a) [line 19] SHEVACH MAMON - a monetary benefit
b) [line 19] SHEVACH YUCHASIN - a benefit in lineage

5) [line 20] MESANA D'RAV MI'KAR'A'I, LO BA'INA - a shoe that is too large for my foot, I do not need

6a) [line 25] NESIN
(a) In the times of Yehoshua, the Giv'onim (a people of the Chivi, one of the seven nations whom the Jewish People were commanded to destroy upon entering Eretz Yisrael) came and presented themselves before Yehoshua as if they came from a far-off land. Since they claimed not to be residents of Eretz Yisrael, they requested to be converted and to make peace with the Jewish People. After Yehoshua agreed to accept them, it was discovered that they were one of the seven prohibited nations. Having already accepted them, Yehoshua did not want to break his oath and covenant with them (even though they tricked him and the oath was uttered in error) so as not to cause a Chilul HaSh-m (a desecration of HaSh-m's Name). Yehoshua accepted them and appointed them to be woodchoppers and water drawers to supply the needs for the sacrificial service on the Mizbe'ach (Yehoshua 9:3-27). Earlier, in the times of Moshe Rabeinu, Giv'onim also came to be converted as they did in the times of Yehoshua, and Moshe also made them woodchoppers and water drawers. (This incident is not written explicitly. It is stated in the Gemara Yevamos 79a, and is based on the verse in Devarim 29:10.) These people became known as "Nesinim," (from the root "Nasan," to give) since they were "given over" by Moshe and Yehoshua ["va'Yitenem..." - "And he appointed them..." (Yehoshua 9:27)] to perform the tasks of chopping wood and drawing water.
(b) A Nesin is prohibited to marry into the community of HaSh-m, that is, Jewish people of unsullied lineage. RASHI and TOSFOS (Kesuvos 29a and elsewhere) argue as to whether they are prohibited mid'Oraisa or mid'Rabanan. We find that the Gemara (Yevamos 79a) states that Moshe Rabeinu "decreed" regarding the Nesinim of his generation, and Yehoshua extended the "decree" to last as long as the Mishkan or Beis ha'Mikdash would stand. David ha'Melech later extended the "decree" to include all time, even if the Beis ha'Mikdash would be destroyed (because of the trait of cruelty that the Nesinim exhibited, which showed that they were not worthy of uniting with the descendants of Avraham, Yitzchak and Yakov). According to Rashi, these decrees were prohibitions against marriage, and as such the prohibition against marrying Nesinim is an Isur mid'Rabanan. According to Tosfos, these decrees were appointments of servitude. The prohibition against marrying them, though, is mid'Oraisa, since the Torah commands against marrying the seven prohibited nations even if they convert to Judaism (Yevamos 76a).

b) [line 25] MAMZER
(a) There are prohibited marital relations that invalidate the ensuing offspring and render them Mamazerim. The Tana'im argue as to the nature of these prohibited relations. According to Rebbi Yehoshua, they must be relations that are punishable by Misas Beis Din (see Background to Kidushin 32:16). Rebbi Shimon ha'Timni rules that all relations that are punishable by Kares, even if they are not punishable by Misas Beis Din, produce a Mamzer (fem. Mamazeres). According to Rebbi Akiva, even relations that are prohibited by a Lav produce a Mamzer (Yevamos 49a). Other Tana'im argue regarding the opinion of Rebbi Akiva. There are those who assert that he rules that only relations prohibited by a Lav produce a Mamzer. Others hold that even those prohibited by an Aseh produce a Mamzer (except for a Kohen Gadol who has relations with a non-virgin -- Kesuvos 30a). The Halachah follows the opinion of Rebbi Shimon ha'Timni, that only relations punishable by Kares produce a Mamzer (Yevamos ibid.)
(b) A Mamzer is prohibited to marry into the community of HaSh-m, that is, Jewish people of unsullied lineage. He may, however, marry a Mamzeres and a Giyores (MISHNAH Kidushin 69a). The Tana'im and Amora'im argue as to whether a Safek Mamzer is prohibited mid'Oraisa to marry both a Mamzeres and a Jewess of unsullied lineage, because of the doubt, or whether he is permitted mid'Oraisa to marry either of them, since he is not included in the category of Mamzer that the Torah prohibited (Yevamos 37a, Kidushin 73a, 74a).

7a) [line 27] MEGUDELES - grown
b) [line 33] GADELES - (a) important/respected (RASHI); (b) a hair-dresser (RABEINU CHANANEL in TOSFOS)

8a) [line 33] LO NICHA LI D'SHAKLAH MILEI MINA'I - I am not pleased that she will take my words from me
b) [line 34] V'AZLA NADYA KAMEI SHIVEVUSAI - and go wandering amidst my neighbors (telling them what I say and mocking me)

9) [line 35] KARYANA - a reader (of Chumash)
10) [line 36] YETARGEM - translate
11) [line 36] YETARGEM MI'DA'ATEI!? - Must he [be able to] translate on his own!?
12) [line 36] HA'METARGEM PASUK K'TZURASO - one who translates a verse in its literal form

13) [line 37] BADAI - deceiver
14) [line 37] HA'MOSIF ALAV - one who adds [his own explanation] to it (a verse)
15) [line 38] TARGUM DIDAN - our Targum (i.e. Targum Onkelos)
16) [line 38] KARA ANA - I am an expert reader [of verses]
17) [line 39] B'DIYUKA - with precision

18a) [line 39] HALACHOS - (a) the traditions that Moshe received on Mount Sinai (Halachah l'Moshe mi'Sinai) (RASHI); (b) the Mishnayos (TOSFOS RI HA'ZAKEN, ROSH)
b) [last line] MIDRASH - the Halachic exegesis of the Midrashim of the Sifra (on Vayikra; see below, entry 20-b) and Sifri (on Bamidbar and Devarim) (RASHI)


19a) [line 2] TANINA - I study
b) [line 2] TANA ANA - I am a Tana (i.e. an Amora who is an expert in the teachings of the Tana'im)

20a) [line 3] HILCHESA - Gemara (RASHI to Megilah 28b)
b) [line 3] SIFRA - Toras Kohanim. One of the earliest commentaries on Vayikra, which was written by Rav (circa 220 C.E.) and which follows the opinion of Rebbi Yehudah (it is also called Sifra d'Vei Rav)
c) [line 3] SIFRI - One of the earliest commentaries on Bamidbar and Devarim, which follows the opinion of Rebbi Shimon
d) [line 3] TOSEFTA - a collection of Beraisos and teachings of Tana'im

21a) [line 5] KOL SHE'SHO'ALIN OSO B'CHOL MAKOM DAVAR ECHAD B'LIMUDO, V'OMRO - anyone to whom they ask any question anywhere in what he is learning, and he answers
b) [line 7] VA'AFILU B'MASECHTA D'CHALAH - (a) and even in the tractates that were learned during the months that were called Yarchei Kalah, Adar and Elul, when all students assembled in the Yeshivos in Bavel to learn together (TOSFOS RI HA'ZAKEN, RABEINU CHANANEL Ta'anis 10b; TOSFOS Shabbos 114a); (b) according to the Girsa B'MASECHES *KALAH* - and even in the tractate of Kalah, which is not learned regularly (RABEINU GERSHOM, Ta'anis 10b), or which is easy to learn and not too deep (RASHI here; see, however RASHI to Shabbos 114a).

22) [line 8] CHACHMEI YAVNEH - the wise sages of the Yeshivah in Yavneh. Yavneh was the seat of the Sanhedrin immediately after the destruction of the Beis ha'Mikdash.

23) [line 9] DEVAR CHOCHMAH - a thing (question) that requires wisdom [to answer]
24) [line 11] AVNER BEN NER / YOAV BEN TZERUYAH - Avner was the chief of the army under King Shaul, and Yoav was the chief of the army under King David

25) [line 20] KABIM - measures (although a Kav usually refers to the liquid measure equal to 4 Lugim, and which is 1/6th of a Se'ah, here it is a general term of measure)

26) [line 20] CHOCHMAH - wisdom (RASHI: Torah and Derech Eretz)
27) [line 25] ROMIYIM KADMONIM - the early Romans
28) [line 28] GASUS - haughtiness
29) [line 28] EILAM - (a) Elam, ancient kingdom east of Babylon also known as Susiana (from the city Shushan); (b) Media (Bereishis Rabah 42:7)

30a) [line 30] "[VA'YOMER, 'ZOS HA'RISH'AH;' VA'YASHLEICH OSAH EL TOCH HA'EIFAH, VA'YASHLEICH ES EVEN HA'OFERES EL PIHA.] VA'ESA EINAI VA'EIRE V'HINEI SHTAYIM NASHIM YOTZ'OS V'RU'ACH B'CHANFEIHEM..." - "[And he said, 'This [woman] is Wickedness.' And he cast her into the midst of the Eifah measure; and he cast the weight of lead upon its mouth.] Then I lifted up my eyes, and looked, and, behold, there came two women, and the wind was in their wings..." (Zecharyah 5:8-9) - "Wickedness" is the Yetzer ha'Ra for Avodah Zarah. The Gemara (Yoma 69b) interprets this verse as referring to the episode in which the Anshei Kenesses ha'Gedolah killed the Yetzer ha'Ra for Avodah Zarah. Our Gemara continues to explain that the reason for the continued exile (of those people who did not follow Ezra and return to Eretz Yisrael) was that the people still harbored the remains of the Yetzer ha'Ra. In addition, the exile became more difficult when the bad character traits of flattery and haughtiness were introduced (see Sanhedrin 24a and MAHARSHA there).
b) [line 31] "...VELA'HENAH CHENAFAYIM K'CHANFEI HA'CHASIDAH..." - "...for they had wings like the wings of a stork..." (ibid. 5:9)
c) [line 32] "...VA'TISENAH ES HA'EIFAH BEIN HA'ARETZ U'VEIN HA'SHAMAYIM." - "...and they lifted up the Eifah measure between the earth and the sky." (ibid.)

31) [line 33] "VA'OMAR EL HA'MAL'ACH HA'DOVER BI, 'ANAH HEMAH MOLICHOS ES HA'EIFAH?'" - "Then I said to the angel who talked with me, 'Where are they taking the Eifah measure?'" (ibid. 5:10)

32) [line 33] "VA'YOMER ELAI, 'LIVNOS LAH VAYIS B'ERETZ SHIN'AR; V'HUCHAN V'HUNICHAH SHAM AL MECHUNASAH.'" - "And he said to me, 'To build it a house in the land of Shin'ar; and when this is prepared, they will set it down there upon its base.'" (ibid. 5:11)

33) [line 34] ERETZ SHIN'AR - the land of Bavel (the city of Bavel is located in the land of Shin'ar, as mentioned in Bereishis 10:10, 11:2. Later, the name Bavel came to refer to the entire area.)

34a) [line 34] CHANUFAH - flattery
b) [line 34] GASUS HA'RU'ACH - haughtiness of spirit
35) [line 35] ISHTARBUVEI HU D'ISHTARBUVEI L'HASAM - it eventually arrived to there

36) [line 35] DEIKA NAMI, DI'KETANI "LIVNOS LAH BAYIS" - this is also implied [by the verse], which writes, "to build for her a house." The Rishonim offer three explanations for the Gemara's answer: (a) "to build for *her* a house" is written in the singular, and originally *two* women were seen flying towards Shin'ar, hinting that only flattery settled there (RASHI, 1st explanation); (b) "*to build* for her a house" implies that the *intention* was to build for her (haughtiness) a house, but it was never carried out (RASHI, 2nd explanation); (c) the word "Lah" in the verse "to build *for her* a house" is written without a "Mapik" (a dot) in the letter "Hei," which is an exception to the rule. As such, it implies the word "Lo," i.e. a house was *not* built for her (TOSFOS)

37) [line 39] MADAI - Mede (Medes, or Media) was an ancient empire northwest of the Persian Empire (between Persia and Assyria, south of the Caspian Sea). The Persians, an Aryan people, settled in southern Persia, while the Medes, also an Aryan people, settled in northwest Persia on the border with Assyria. As such, the Medes came into conflict with the Assyrians. Assyria was an ancient kingdom, linked culturally with Babylon, in northern Mesopotamia, lying mainly between the Tigris and Euphrates Rivers. Its capital was first at Assur and later at Nineveh. Assyria fell to Medes and Babylonia circa 610 BCE.

38) [line 40] NEGA'IM - plagues, disease
39) [line 42] MEISHAN - Meishan on the Euphrates. Meishan, or Mesene, is the island formed by the Euphrates, the Tigris and the Royal Canal (connecting them).

40) [line 46] BEN KERACH - one who lives in a large city

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