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Kidushin 54

KIDUSHIN 51-55 - Ari Kornfeld has generously sponsored the Dafyomi publications for these Dafim for the benefit of Klal Yisrael.

1) [line 1] CHAZARNU AL KOL HA'TZEDADIM SHEL REBBI MEIR - we reviewed all sides of Rebbi Meir (i.e. all places where he issued a ruling about Me'ilah)

2) [line 3] KOSNOS KEHUNAH SHE'LO VALU - the garments of the Kehunah that are not worn out

3) [line 4] LO NITNAH TORAH L'MAL'ACHEI HA'SHARES - the Torah was not given to ministering angels

(a) In the Beis ha'Mikdash, many public sacrifices were offered (for example the daily Temidim, the Korbenos Musaf of Rosh Chodesh and the festivals etc.). In order to finance these Korbanos, one half a Shekel was collected from every Jew, both those living in Eretz Yisrael and in the Golah, once a year.
(b) The half Shekalim were collected before Rosh Chodesh Nisan so that the Korbanos of the new year (which starts with the month of Nisan) would be offered from the money that was collected for the new year. On the first of Adar, Beis Din announced that the Shekalim should be collected, in order to ensure that all of the Shekalim would be collected before Rosh Chodesh Nisan (see Insights to Shekalim 2a). Some commentaries contend that a portion of the Shekalim would not arrive until after Rosh Chodesh Nisan, while others claim that all of the Shekalim arrived by Rosh Chodesh Nisan, since the Shekalim were collected from the regions further from Yerushalayim earlier in the year. (This latter opinion appears to be the conclusion of the Yerushalmi, Shekalim 2a - see Mishnas Eliyahu ibid. 2b.)
(c) The amount that was collected from each Jew was not fixed at half a Shekel. Rather, the amount given was always half of the "Matbe'a ha'Yotzei" (the primary coin in use at the time), provided that it was not *less* than the value of half a Shekel.
(d) The word "Shekel," as used in the phrase "Machatzis ha'Shekel," refers to the Shekel that was in use at the time of Moshe Rabeinu, which was equivalent to the "Sela" of the times of the Gemara. Machatzis ha'Shekel is half of a Sela, or two Dinarim. People became accustomed to calling the coin that was valued at half of a Sela, "Shekel," since it was "paid out" ("Shoklim" Oso) in order to fulfill the Mitzvah of Machatzis ha'Shekel each year (RAMBAN to Shemos 30:13).
(e) "Tiklin Chadetin" refers to the *new* Shekalim that were given for the Korbanos of the coming year.
(f) "Tiklin Atikin" refers to the *old* Shekalim which were given by someone who owed Shekalim from the previous year.

5) [line 9] SHE'HAYAH REBBI MEIR OMER "MO'ALIN B'SHEYAREI HA'LISHKAH" - Rebbi Meir used to say, "One transgresses Me'ilah with the money of the Sheyarei ha'Lishkah" (SHEYAREI HA'LISHKAH)
(a) TERUMAS HA'LISHKAH - Every year, one half Shekel was collected from every Jew to fund the Korbenos Tzibur that were offered in the Beis ha'Mikdash. Beis Din placed the money that was collected in a room in the Mikdash reserved for that purpose (see previous entry).
(b) At three times during the year (before each of the three festivals), Beis Din filled three boxes, each of which held three Se'in (approximately 21.6, 25 or 43.2 liters, depending upon the differing Halachic opinions) with Shekalim from that room. The portion that was set aside in the boxes was called the "Terumas ha'Lishkah," while the remainder of the Shekalim were called "Sheyarei ha'Lishkah" (Shekalim 7b, 8a). (See Insights to Shekalim 9:2)
(c) There is a difference of opinion as to why the Terumas ha'Lishkah was done three times a year rather than just once. One opinion states that the reason was only to publicize the Terumas ha'Lishkah (Shekalim 2b, see Insights there). According to others, Beis Din was concerned that the Terumas ha'Lishkah should be collected from the Shekalim that arrived later in the year (this opinion is also mentioned in the Yerushalmi, ibid.).
(d) The Shekalim from the Terumas ha'Lishkah were used to purchase the animals needed for public sacrifices and for the wages of certain laborers and appointees of Hekdesh. The Shekalim from the Sheyarei ha'Lishkah were used to buy other goods necessary for the upkeep of the Mikdash and the entire city of Yerushalayim (Shekalim 4a-b).

6a) [line 13] CHOMAS HA'IR - the walls of the city
b) [line 14] MIGDELOSEHA - its towers
c) [line 14] KOL TZORCHEI HA'IR - all the needs of the city
7) [line 17] AVNEI YERUSHALAYIM SHE'NASHRU - the stones of [the wall of] Yerushalayim that became detached

8a) [line 21] K'IMRA... - [a Neder made by saying, "Let this item be to me like Imra:] (a) [the] sheep [used as the Korban Tamid]; (b) [the] sheep [that was born to a Korban Chatas]; (c) [the] ram [that Avraham Avinu sacrificed on Har ha'Moriyah in place of Yitchak] (TOSFOS, Nedarim 10b)
A Neder can be made by "connecting" an object that is permitted to another object that is prohibited, such as a Korban. The Gemara explains that when making a Neder, one may only connect an object to a "Davar ha'Nadur," i.e. another object which has been prohibited either through a Neder or by becoming Hekdesh (consecrated). If one attempts to make a Neder by connecting an object to a "Davar ha'Asur," the Neder is not binding (Nedarim 14a). "Davar ha'Asur" in this context refers to an object which is not prohibited because of an Isur that a *person* placed upon it, but because of an Isur Torah that applied to it naturally (e.g. meat that was cooked with milk, or a non-kosher animal). According to some Tana'im, if a Neder is pronounced by connecting an object to an object of Hekdesh, the object of the Neder, too, becomes Hekdesh to the extent that one who benefits from it must bring a Korban Me'ilah (Nedarim 35a, see Background to Yevamos 88:6).

b) [line 20] DIRIM - the *chambers* in the compound of the Beis ha'Mikdash (a) where the lambs to be used for the Korban Tamid were checked to ensure that they had no Mum (see Background to Yoma 15:19), known as the Lishkas ha'Tela'im, Lishkas ha'Korban or Lishkas Tela'ei Korban), or (b) where wood for the Mizbe'ach and for the bonfire in the Lishkas Beis ha'Moked was kept. The wood was checked to ensure that it had no worms (this Lishkah was located in the northeast corner of the Ezras Nashim, and was known as the Lishkas ha'Etzim or Lishkas Dir ha'Etzim)
c) [line 20] ETZIM - the wood, referring to the wood that was placed on the Mizbe'ach every morning
d) [line 21] ISHIM - the fires, (a) the fire kindled upon the Mizbe'ach (RAN, Nedarim 11a), (b) fire-offerings (Tosfos, Nedarim 10b)
e) [line 21] HEICHAL - the Sanctuary, which contained the Menorah, the Shulchan for the Lechem ha'Panim, and the Mizbe'ach for the Ketores


9) [line 4] V'LO AMRU B'SHOGEG MISCHALEL, ELA L'INYAN KORBAN BILVAD - and the sources [who quote Rebbi Meir] only stated [that money of Hekdesh becomes] unsanctified with regard to [the obligation to bring] a Korban [Asham Me'ilos] (but the money remains sanctified. Bar Pada follows the opinion of Rebbi Yochanan from Daf 53b and not Rav from 54a)

10) [line 5] KORBAN B'MAI MICHAYEV? - ...for what is there an obligation to bring a Korban?

11) [line 8] V'LO AMRU B'SHOGEG MISCHALEL, ELA L'INYAN ACILAH BILVAD - and the sources [who quote Rebbi Meir] only stated [that Hekdesh becomes] unsanctified with regard to eating [foods of Hekdesh or burning oil of Hekdesh] (where the actual object of Hekdesh is consumed. Money of Hekdesh remains sanctified and a Korban is not required)

12) [line 14] KEREM REVA'I
(a) In the first three years after a tree is planted, its fruits are called Orlah and are Asurim b'Hana'ah, as it states in Vayikra 19:23. The fruits of the fourth year are called Neta Reva'i and are Kodesh (holy) (ibid. 19:24). They must be brought to and eaten b'Taharah in Yerushalayim. Alternatively, the fruits may be redeemed (Pidyon), in which case the money used to redeem them is brought to Yerushalayim. The food that is bought with this money is Kodesh like Neta Reva'i and must be eaten b'Taharah in Yerushalayim.
(b) The Gemara (Berachos 35a) records an argument as to whether the laws of Neta Reva'i apply to all fruits or only to grapes (Kerem Reva'i). The Halachah in Eretz Yisrael follows the opinion that the laws of Neta Reva'i apply to all fruits (SHULCHAN ARUCH Yoreh De'ah 294:6).
(c) With regard to fruits that grew outside of Eretz Yisrael, there are three opinions: 1. RABEINU YONAH to Berachos 35a, quoting RI HA'ZAKEN, states that they have the same Halachah as fruits in Eretz Yisrael, and require Pidyon; 2. The RAMBAM (Hilchos Ma'achalos Asuros 10:15) rules that they do not require Pidyon; 3. GE'ONIM, TOSFOS Berachos 35a DH u'Leman and ROSH to Berachos 35a explain that the rule, "the Halachah in Chutz la'Aretz follows the opinion of those who hold the lenient opinion in Eretz Yisrael" applies to Neta Reva'i. The lenient opinion is Kerem Reva'i, where the laws of Kedushah and Pidyon apply only to grapes. Accordingly, only fourth-year *grapes* need Pidyon.
(d) The SHACH (Yoreh De'ah 294:17) concludes that *all* fourth-year fruits of Chutz la'Aretz should be redeemed without a Berachah in Chutz la'Aretz. The Vilna Ga'on (ibid. 294:28) rules like the third opinion, 3., in which case only grapes need Pidyon in Chutz la'Aretz, and a Berachah is recited on their Pidyon.

13) [line 14] CHOMESH
(a) The Torah requires that Kerem Reva'i (see previous entry) be brought and eaten by its owner in Yerushalayim.
(b) Alternatively, according to Beis Hillel (and Rebbi Meir, who, like Beis Hillel, rules that Ma'aser Sheni is Mamon Gavo'ah and that Kerem Reva'i is compared to Ma'aser Sheni) Kerem Reva'i produce may be redeemed, in which case the money used to redeem it is brought to Yerushalayim. If the owner himself redeems the produce, he must add an additional Chomesh, i.e. a *fifth* (of the ensuing total, or a *quarter* of the original value). The food that is bought with this money in Yerushalayim becomes Kodesh like Kerem Reva'i and must be eaten b'Taharah. Kerem Reva'i that was redeemed by anyone besides the owner is exempt from the additional fifth.

14) [line 15] BI'UR
(a) The Torah requires that at two times during the seven-year Shemitah cycle the owner of a field must recite Viduy Ma'aser, as is learned from Devarim 26:12-13.
(b) In the afternoon of Erev Pesach in the fourth and seventh years, the owner first performs Bi'ur, giving all remaining Terumah and Terumas Ma'aser to Kohanim, Ma'aser Rishon to Leviyim, and Ma'aser Ani to the poor. All remaining Ma'aser Sheni, Kerem Rava'i, Pidyonos of Ma'aser Sheni and Kerem Rava'i (coins on which Ma'aser Sheni and Kerem Rava'i were redeemed), and Bikurim must be destroyed wherever they are.
(c) He then says Viduy Ma'aser, declaring that he has set aside all of the required tithes and gifts, and that he kept all the Mitzvos with regard to them. The declaration is found in Devarim 26:13-15, and may be recited in any language that the owner understands. According to the MISHNAH (Ma'aser Sheni 5:6), RASHI (Sanhedrin 11b) and TOSFOS (Rosh Hashanah 4a DH u'Ma'asros), this declaration is stated in the afternoon of Erev Pesach. According to the RAMBAM, (Hilchos Ma'aser Sheni 11:1-3), it is stated in the afternoon of the last day of Pesach.

15) [line 16] PERET
(a) Individual (one or two) grapes that fall during the harvest may not be gathered by the owner of the vine but must be left for the poor, as stated in Vayikra (19:10), "...u'Feret Karmecha Lo Selaket, le'Ani vela'Ger Ta'azov Osam" - "...nor shall you gather the fallen grapes of your vineyard; you shall leave them (the gifts of Pe'ah, Leket, Olelos and Peret) for the poor and the stranger."
(b) Since the verse uses the word "Karmecha" - "*your* vineyard," only the owner of a vineyard leaves Peret for the poor. Beis Hillel rules that Kerem Rava'i produce is Mamon Gavo'ah. As such, the owner is not required to leave Peret from his vineyard.

16) [line 16] OLELOS
(a) Olelos are incompletely-formed grape clusters, in which no grapes hang from the tip of the central stem, and the grapes on the side-stems that part from the central stem do not lie on one another. These clusters must be left behind on the vine for the poor, as stated in Vayikra (19:10), "v'Charmecha Lo Se'olel...le'Ani vela'Ger Ta'azov Osam" - "And you shall not glean your vineyard...you shall leave them (the gifts of Pe'ah, Leket, Olelos and Peret) for the poor and the stranger."
(b) Since the verse uses the word "Karmecha" - "*your* vineyard," only the owner of a vineyard leaves Olelos for the poor. Beis Hillel rules that Kerem Rava'i produce is Mamon Gavo'ah. As such, the owner is not required to leave Olelos from his vineyard.

17) [line 17] KULO LA'GAS - all of it (the fruit of the fourth year) goes to the winepress (leaving nothing for the poor, since it is Mamon Gavo'ah and not the personal property of the owner of the field)

18) [line 24] SHILE'ACH B'YAD PIKE'ACH, V'NIZKAR AD SHE'LO HIGI'A ETZEL CHENVANI, CHENVANI MA'AL LECHESH'YOTZI - if he (the Gizbar/treaurer of Hekdesh) sent money of Hekdesh in the hands of a Pike'ach (a competent person) [to buy an item with the money for the Gizbar's own benefit], and he remembered [that the money is money of Hekdesh] before the Pike'ach reached the storeowner, the storeowner transgresses Me'ilah when he spends the money

19) [line 32] KEGON D'YAHIV NEHILEI B'TIVLEI - such as when he gave it (the Ma'aser Sheni) to him while it was still Tevel (when none of the Terumos and Ma'aseros had been separated from it)

20) [line 33] MATANOS SHE'LO HURMU K'MI SHE'LO HURMU DAMYAN - the priestly gifts that have not yet been tithed are not considered as if they have already been tithed; there is a Machlokes regarding this matter

21) [line 34] NETA REVA'I
See above, entry #12.

22) [line 38] KEGON D'YAHIV KESHE'HU SEMADAR - such as when he gave it (the fruit of the fourth year) when it was in its budding stage, after the flowers have fallen off (small grapes)

23) [line 39] SEMADAR ASUR MIPNEI SHE'HU PRI - a grape in its budding stage is forbidden (as Orlah) because it is considered a full-fledged fruit
(a) In the first three years after a fruit tree is planted, its fruits are called Orlah and are Asurim b'Hana'ah, as it states in Vayikra 19:23.
(b) If a person eats a k'Zayis of Orlah fruit, he receives Malkos. If he derives benefit from Orlah (or any other food that is Asur b'Hana'ah), according to most Rishonim he is punished with Malkos (TOSFOS Chulin 120a DH Ela), while according to others, he is only punished with Makas Mardus, a Rabbinic institution of Malkos. (RAMBAM Hilchos Ma'achalos Asuros 8:16 -- see also Mishneh l'Melech to Hilchos Yesodei ha'Torah 5:8)

24a) [line 40] MASHACH HEIMENU MA'ASER B'SELA - he pulled towards him (when he was buying fruits of Ma'aser Sheni and making a Kinyan Meshichah - see Background to Kidushin 48:3:a) the fruits of Ma'aser Sheni when they were worth a Sela
b) [line 41] V'LO HISPIK LIFDOSO AD SHE'AMAD BI'SHTAYIM - and he did not have a chance to redeem them until they became worth two Sela'im
c) [line 42] NOSEN SELA U'MISTAKER B'SELA, U'MA'ASER SHENI SHELO - he must pay one Sela, and he profits one Sela, and the fruits of Ma'aser Sheni belong to him (from the moment that he did Meshichah with them) (Girsa of Rashi: *because* the fruits of Ma'aser Sheni belong to him (because he did Meshichah with them))

25) [line 44] "(V'NASAN HA'KESEF) [V'YASAF CHAMISHIS KESEF ERKECHA ALAV] V'KAM LO." - "[And if he who sanctified the field will in any way redeem it, then he shall add the fifth part of its endowment value to it,] and it shall be his." (Vayikra 27:19) - This verse shows that only Kesef, payment of money, may be used to redeem Hekdesh (such as Ma'aser Sheni, according to Rebbi Meir). Ownership of Hekdesh cannot be transferred to a private citizen through any other form of Kinyan, such as Meshichah.

26) [line 46] HACHA CHAD STAMA; V'HACHA TREI STAMEI - here there is one Stam (anonymous) Mishnah [supporting Rebbi Yehudah]; and here there are two Stam Mishnayos [supporting Rebbi Meir]

27) [line 47] IY STAMA DAVKA, MAH LI CHAD STAMA, MAH LI TREI STAMEI? - and if a Stam (anonymous) Mishnah was specifically taught [anonymously, to teach that the Halachah follows that view], then what difference does it make if there is one Stam Mishnah, or if there are two Stam Mishnayos?

28) [last line] BI'VCHIRASA - in the "choicest" of the Masechtos, Eduyos, which is comprised of "testimonies" or "reports" of many different laws. It is called Bechirasa since the Halachah follows these reports.

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