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Kidushin 56

KIDUSHIN 56-57 - 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] YACHZERU DAMIM LI'MEKOMAM - the money must be returned to its place (i.e. to the buyer)

2) [line 2] TE'ALEH V'SE'ACHEL BA'MAKOM - it should be brought up and eaten in the place (i.e. Yerushalayim, as the verse teaches in Devarim 14:25)

3) [line 14] YOCHAL KENEGDAN - he must eat [more food as Ma'aser Sheni] corresponding to them (i.e. to the funds of Ma'aser Sheni that he used for buying a Behemah Teme'ah, an Eved, or land, etc.)

4) [line 14] ISHAH CHAVEIRAH (CHAVER) - the wife of one who is meticulous in his observance of Halachah (and thus she, herself, is also meticulous) A person is called a Chaver if he accepts upon himself four things: 1. never to give Terumah and Ma'asros to an Am ha'Aretz; 2. never to prepare Taharos in the vicinity of an Am ha'Aretz; 3. to always eat Chulin b'Taharah; 4. to take Ma'aser from all produce that one eats, sells and buys (Tosefta Demai 2:2-3). The Gemara in Bechoros 30b explains exactly how one goes about accepting this distinguished status.


5) [line 5] B'ORLAH, B'CHIL'EI HA'KEREM, B'SHOR HA'NISKAL... (ISUREI HANA'AH) - items from which it is prohibited by the Torah to benefit (such an item is considered, therefore, to be of no monetary value).

6) [line 5] ORLAH
(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)
(c) Since it is prohibited to derive benefit from fruits of Orlah, a man may not use them to be Mekadesh a woman. Moreover, even if he transgresses and uses them to be Mekadesh a woman, the Kidushin does not take effect, because the item -- since it is Asur b'Hana'ah -- is considered to be of no monetary value.

7) [line 6] KIL'EI HA'KEREM (KIL'AYIM)
(a) The word Kil'ayim means "forbidden mixture," which refers to two items, each of which is permitted, which the Torah prohibits to combine. Although the term "Kil'ayim" refers to many different types of forbidden mixtures (see Background to Kidushin 39:23a), only Kil'ei ha'Kerem is Asur b'Hana'ah.
(b) KIL'EI HA'KEREM refers to the prohibition of sowing vegetables or grains in a vineyard, as the Torah states, "Lo Sizra Karmecha Kil'ayim, Pen Tikdash ha'Melei'ah ha'Zera Asher Tizra u'Sevu'as ha'Karem" - "You shall not sow your vineyard with other species, lest the fruit of the seed which you have sown, and the fruit of the vineyard, be forfeited" (Devarim 22:9). According to some Tana'im, even if one finds other crops growing in his vineyard and does not remove them, he transgresses this prohibition (Makos 21b). One who intentionally transgresses this prohibition is liable to receive Malkos.

1. Many Tana'im maintain that the prohibition of Kil'ei ha'Kerem forbids planting any vegetable or grain in a preexisting vineyard, as well as sowing grape seeds together with any vegetable or grain. However, Rebbi Yoshiyah rules that the prohibition of Kil'ei ha'Kerem only applies to *sowing* grape seeds along with wheat *and* barley kernels in the same throw of a hand (Berachos 22a). According to this view, one who plants grapes, wheat and barley in such a manner transgresses both the prohibition of Kil'ei ha'Kerem and the prohibition of Kil'ei Zera'im (see Background to Kidushin 39:23a:c; Tosfos Kidushin 39a DH Lo).
2. It is even prohibited to plant vegetables or grains outside of a vineyard by in close proximity to it. Such plants must be planted at least 6 Tefachim away from a single grapevine and at least Amos away from a vineyard. ("Vineyard," in this respect, refers to at least five grapevines, planted in a formation of two parallel rows of two with a fifth vine between (and behind) the two rows -- see Background to Sotah 43:29). The grape vines and the vegetables or grains that grow in a vineyard that has been planted with Kil'ei ha'Kerem are prohibited to be eaten. They must be burned, as the Torah says, "Pen *Tikdash* ha'Melei'ah...," which the Gemara translates as, "lest the produce (of that vineyard) have to be burned ('Tukad Esh')" (Gemara here, RAMBAM Hilchos Kil'ayim 5:7).
3. Although the Torah only prohibits Kil'ei ha'Kerem in Eretz Yisrael, as with any other Mitzvos ha'Teluyos ba'Aretz, the Rabanan prohibited it in Chutz la'Aretz as well (Kidushin 38b).
8) [line 6] SHOR HA'NISKAL
(a) The term Shor ha'Niskal refers to any animal or bird that is stoned to death by Beis Din. Such an animal is Asur b'Hana'ah after the death sentence is issued. There are three instances of a Shor ha'Niskal:
1. An animal that killed a person, as described in Shemos 21:28-31 and in Sanhedrin 2a.
2. A Rove'a or a Nirba, animals that had relations with a human, as described in Vayikra 20:15-16 and in Sanhedrin 2a. These animals are put to death so that they should not cause other people to sin in a similar manner, and in order not to cause disgrace to the sinner by reminding all who see these animals of the sin that was done with them (Sanhedrin 54a).
3. At the time that the Torah was given, Har Sinai was off limits to all people (except for Moshe Rabeinu A"H) and even to animals and birds. Any animal or bird who stepped on the mountain was to be stoned, as described in Shemos 19:13 and in Sanhedrin 15b. This only applied during the year that the Torah was given; it does not apply today.

(b) In the above-mentioned situations of Shor ha'Niskal, only if two witnesses saw the act is the animal stoned by Beis Din and Asur b'Hana'ah. If only one witness saw it, or if there were no witnesses but the owner told Beis Din of the incident, the animal is not stoned and is Mutar b'Hana'ah but is unfit to be brought as a Korban.

9) [line 6] EGLAH ARUFAH
(a) If a Jew is found murdered in a field (in Eretz Yisrael) and it is not known who the murderer is, the Torah requires that an Eglah Arufah be brought in order to atone for the blood that was spilled (Devarim 21:1). The procedure is as follows:
(b) Five elders of the Beis Din of the Lishkas ha'Gazis (the Jewish Supreme Court) measure the distance between the dead body and the cities around it to determine which city is closest to it.
(c) The elders of the city that is closest to the corpse must bring a female calf that has never been worked to a Nachal Eisan (a swiftly flowing stream - RAMBAM Hilchos Rotze'ach 9:2; a valley with tough soil - RASHI). They strike it on the back of its neck (Arifah) with a cleaver, severing its spinal column, gullet and windpipe.
(d) The elders of the closest city then wash their hands there and say, "Our hands have not spilled this blood, and our eyes did not see [the murder]." (Devarim 21:7) This includes a proclamation that the dead man was not sent away from the city without the proper food for his journey or the proper accompaniment. The Kohanim that are present say, "Atone for Your people Yisrael whom You have redeemed, HaSh-m, and do not place [the guilt for] innocent blood in the midst of Your people Yisrael" (ibid. 21:8). After this procedure, HaSh-m will grant atonement for the innocent blood that was spilled (RAMBAM Hilchos Rotze'ach 9:3).

(a) THE PROCESS BY WHICH A METZORA BECOMES TAHOR - On the day that a Metzora is healed from his Tzara'as, he takes two kosher birds (*Tziporei Metzora*), a piece of cedar, some crimson wool and a hyssop branch. One of the birds is slaughtered over fresh spring water in a new clay bowl. A Kohen dips the other bird, along with the other articles, into the spring water that is mixed with the blood and sprinkles it seven times on the Metzora. The living bird is sent away towards the fields. Both birds are Asur b'Hana'ah, but the Isur is removed from the living bird after it is sent off to the fields.
(b) The Metzora next shaves with a razor all places on his body that have a collection of hair and that are exposed, and immerses in a Mikvah. He is now considered Tahor to the extent that he may enter a settlement, but marital relations are forbidden (Mo'ed Katan 7b). He then counts seven days (Yemei Sefiro), and on the seventh day he once more shaves and immerses. He is then completely Tahor but is still a Mechusar Kaparah (see Background to Nedarim 35:9). (For a description of the Korbanos that a Metzora brings on the eighth day, see Background to Kidushin 35:24c-e.)

11) [line 7] SE'AR NAZIR (TIGLACHAS HA'TAHARAH - The shaving of a Nazir Tahor)
When a Nazir completes his period of Nezirus, he must offer three sacrifices: a male sheep as an Olah, a female sheep as a Chatas, and a ram as a Shelamim. Together with the Shelamim he brings 6 and 2/3 Esronos of Soles (fine flour), which are made into 20 loaves of Matzah, 10 Chalos (unleavened loaves of Matzah) and 10 Rekikin (flat Matzos). He then shaves off the hair of his head and burns it under the pot in which the Zero'a of the Shelamim is cooked (Bamidbar 6:18). His hair is Asur b'Hana'ah.

12) [line 7] PETER CHAMOR
There is a Mitzvah to redeem each firstborn male donkey, as the verse states, "v'Hayah Ki Yevi'acha HaSh-m El Eretz ha'Kena'ani...v'Chol *Peter Chamor* Tifdeh v'Seh, v'Im Lo Sifdeh va'Arafto" - "And it shall come to pass that when HaSh-m brings you to the land of the Kena'ani... And every *firstborn donkey* must be redeemed with a sheep [that is given to a Kohen]. If it is not redeemed, you must decapitate it" (Shemos 13:11-13).

13) [line 7] BASAR B'CHALAV
(a) The verse, "Lo Sevashel Gedi ba'Chalev Imo" - "You shall not cook a young lamb in its mother's milk," is written in the Torah three times; in Shemos 23:19, in Shemos 34:26, and in Devarim 14:21.
(b) These three verses prohibit 1. cooking meat and milk together, 2. eating them after they have been cooked together, and 3. deriving any benefit from them after they have been cooked together. By Torah Law it is forbidden to consume milk and meat that was *cooked* together; the Chachamim instituted that it is forbidden to consume meat and milk together in any fashion.
(c) One reason given for this law is that meat represents death (the slaughter of the animal), while milk represents new life, and it is not proper to mix life and death (REKANATI, TZEROR HAMOR, ZOHAR 2:124b). Another reason given is that eating meat and milk together was an idolatrous practice, especially on festivals (MOREH NEVUCHIM 3:48; RALBAG). Alternately, mixing meat and milk is prohibited because it is causing a detrimental change in nature, just like the prohibitions of Kil'ayim (SEFER HA'CHINUCH #92, #113)

It is forbidden to slaughter animals in the Azarah other than Korbanos, as we learn from the verse, "Since the place chosen by HaSh-m is far, ...you need only slaughter..." (Devarim 12:21). Chazal learn from this verse that we may only slaughter Chulin *outside* of the Azarah of the Beis ha'Mikdash. If an unsanctified animal is slaughtered inside the Azarah, it becomes Asur b'Hana'ah.

15) [line 10] "[V'CHI SAVO'U EL HA'ARETZ, U'NTATEM KOL ETZ MA'ACHAL, VA'ARALTEM ORLASO ES PIRYO; SHALOSH SHANIM YIHEYEH LACHEM] ARELIM, LO YE'ACHEL." - "[When you come to the land and you plant any tree of edible fruit, you shall make its fruit forbidden; for three years it will be to you] forbidden food, it may not be eaten." (Vayikra 19:23)

16) [line 15] "[LO SIZRA KARMECHA KIL'AYIM,] PEN TIKDASH [HA'MELEI'AH HA'ZERA ASHER TIZRA U'SEVU'AS HA'KAREM.]" - "[You shall not sow your vineyard with other species,] lest [the fruit of the seed which you have sown, and the fruit of the vineyard,] be forfeited." (Devarim 22:9)

17a) [line 15] PEN TUKAD ESH - lest it be burnt in a fire
b) [line 15] PEN YIHEYEH KODESH - lest it become as though it was sanctified

18) [line 16] MAH KODESH TOFES ES DAMAV V'YOTZEI L'CHULIN - just as the sanctity of an item of Hekdesh, when redeemed, takes hold of the money used to redeem it and the item itself becomes Chulin (unsanctified)

19) [line 18] MECHAVARTA - it is clearly correct
20) [line 19] "[V'CHI YIGACH SHOR ES ISH O ES ISHAH VA'MES,] SAKOL YISAKEL HA'SHOR, V'LO YE'ACHEL ES BESARO, U'VA'AL HA'SHOR NAKI." - "[When an ox gores a man or woman and [the person] dies,] the ox must be stoned, and its flesh may not be eaten, and the owner of the ox is exonerated." (Shemos 21:28)

21) [line 20] NEVEILAH
A Neveilah is a carcass of an animal that died without a Halachic slaughtering. The Torah states, "You shall not eat anything that dies by itself (Neveilah). You shall give it to the stranger who is in your gates, that he may eat it, or you may sell it to a Nochri, for you are a holy people to HaSh-m, your Elokim." (Devarim 14:21) - The flesh of a Neveilah is prohibited to be eaten, and a k'Zayis or more of a Neveilah makes an object Tamei through Maga (contact) and Masa (carrying).

22) [line 22] L'ACHAR SHE'NIGMAR DINO - (lit. after its case was finished) after the death sentence was issued

23) [line 34] K'DERECH SHE'PARAT LECHA BI'NEVEILAH - like the Torah specifies with regard to Neveilah (Devarim 14:21, see above, entry #21), that it is permitted to benefit from it

24a) [line 38] IY NAMI "LO YE'ACHEL;" "ES BESARO" LAMAH LI? - or [just the words] "v'Lo Ye'achel" [stopping there]. Why [did the verse continue and state the words] "Es Besaro?"
b) [line 39] AF AL GAV D'SHACHATEI K'EIN BASAR, ASUR - [To teach us that] even though one were to slaughter it like [any other Kosher animal whose] flesh [is permitted after ritual slaughter], it is prohibited

In order to perform Shechitah (ritual slaughter) properly, the slaughtering knife has to be checked to make sure it is not nicked in the slightest way.

26) [line 41] TZUR - a sharp stone
27) [line 43] ZECHUCHIS - a piece of glass
28) [line 44] KEROMIS SHEL KANEH - the skin-like, scaly envelope of a reed
29) [line 44] V'HASHTA D'NAFIK ISUR ACHILAH V'ISUR HANA'AH TERAVAIHU MI'LO YE'ACHEL, HAI "BA'AL HA'SHOR NAKI" L'MAI ASA? - (the Gemara now asks what Rebbi Avahu in the name of Rebbi Elazar learns from the words "u'Ba'al ha'Shor Naki," since he learns the prohibitions of eating and deriving benefit from the words "Lo Ye'achel")

30) [line 49] CHATZI KOFER
(a) SHOR HA'MU'AD - An ox that gores two times is referred to as a Tam. The owner only pays half the value of the damages that his ox causes through goring. If the ox gored three times and the owner was informed and warned to guard his ox each time, the ox is termed a Mu'ad and from then on the owner has to pay the full value of the damages that his ox causes through goring.
(b) CHIYUV KOFER - If a person's Shor ha'Mu'ad kills another person, the owner of the ox is Chayav Misah b'Yedei Shamayim. He can *redeem* himself by paying Kofer to the children or heirs of the dead man, as the verse states, "v'Im Kofer Yushas Alav, v'Nasan Pidyon Nafsho." (Shemos 21:30). The amount paid as Kofer is defined as either the owner's value, or the dead man's value, according to the various opinions of the Tana'im (Makos 2b). If the ox kills a slave, the Kofer is 30 Sela'im and it is paid to the slave's owner.
(c) CHATZI KOFER - Although the owner of a Shor Tam pays half of the damages that it causes, the Tana'im argue as to whether he must pay half of the Kofer if his ox kills a person. Rebbi Eliezer learns that he does not from the verse, "u'Ba'al ha'Shor Naki." (Bava Kama 41b). Rabbi Yosi ha'Gelili argues, ruling that there is a liability for Chatzi Kofer (Kesuvos 41b).

31) [line 50] DEMEI VELADOS - the value of fetuses
(a) When a pregnant woman miscarries after being struck accidentally by a person, the verse states "Ka'asher Yashis Alav Ba'al ha'Ishah ..." - "for whatever the husband will sue him, he will pay [i.e. the value of fetuses], as determined by the courts" (Shemos 21:22).
(b) If a Shor ha'Mu'ad causes a woman to miscarry, Rebbi Yosi ha'Gelili learns from the verse, "u'Ba'al ha'Sor Naki," that the owner of the ox does not pay Demei Velados (Bava Kama 42a).

32) [last line] ES HA'TAFEL LI'VESARO - that which is subordinate to its flesh

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