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Kidushin 58

KIDUSHIN 58 (13 Tamuz) - Dedicated by Chaim Ozer & Rena Shulman of Teaneck, New Jersey, in memory of his grandmother, Rebbetzin Chiena Kossowsky Z"L, an extraordinary Tzadekes and Melumedes, who passed away on 13 Tamuz 5755 on her 82nd birthday.

1) [line 6] YASHLICHENU LIFNEI KELAVIM - he may cast it to the dogs (i.e. derive benefit from the corpse by feeding it to dogs)

2) [line 7] "[V'ANSHEI KODESH TIHEYUN LI, U'VASAR BA'SADEH TREIFAH LO SOCHEILU,] LA'KELEV TASHLICHUN OSO." - "[And you shall be holy men to Me. You shall not eat any meat that is torn by the beasts in the field;] you shall cast it to the dogs." (Shemos 22:30)

3) [line 9] ASHKECHINHU - he found them
4) [line 10] D'HAVU KAIMEI A'PISCHA D'VEI RABAH - who were standing at the entrance of the Yeshiva of Rabah

5) [line 14] ALMA CHULIN SHE'NISHCHATU BA'AZARAH L'REBBI SHIMON LAV D'ORAISA - therefore (since Rebbi Shimon says that a woman *is* Mekudeshes), Rebbi Shimon holds that the Isur Hana'ah of Chulin she'Nishchatu ba'Azarah is not d'Oraisa (CHULIN BA'AZARAH LAV D'ORAISA)
According to some Tana'im, it is forbidden by an Isur Aseh to bring a non-sanctified ("Chulin") animal or food into the Azarah of the Beis ha'Mikdash. This is learned from the verse, "If the place chosen by HaSh-m is *far* [from where you are], ...you may slaughter and eat meat to your heart's content..." (Devarim 12:21), which implies that we may only slaughter Chulin *outside* of the Azarah of the Beis ha'Mikdash (Pesachim 22a). According to these Tana'im, if non-sanctified animals are slaughtered in the Mikdash, it is prohibited with a Lav to eat from them (Pesachim, ibid.). Other Tana'im (such as Rebbi Shimon according to our Gemara) maintain that the prohibition of offering Chulin in the Azarah (and eating from non-sanctified animals that were slaughtered in the Azarah) is not from the Torah but Rabbinic ("Chulin ba'Azarah *Lav* d'Oraisa").

6) [line 16] YISARFU - they (Chulin she'Nishchatu ba'Azarah) shall be burned (and not buried; this indicates that their Isur is an Isur d'Oraisa)

7) [line 18] PALAGA UKMINCHI - that argumentative one (i.e. Mar Yehudah) set you up against me

8a) [line 20] HA'SHOCHET ES HA'TEREIFAH - one who slaughters an animal that is clearly a Tereifah (an animal with a mortal blemish). (Such an act of Shechitah, according to Rebbi Shimon, is not considered a Shechitah since it does not make the animal permitted to be eaten. Consequently, one has not transgressed the Isur against performing Shechitah on an animal of Chulin inside the Azarah.)
b) [line 20] HA'SHOCHET V'NIMTZEIS TEREIFAH - one who slaughters an animal that was presumed to be Kosher but was then found to be a Tereifah

9) [line 24] AVODAS KOCHAVIM - idol worship
(a) It is prohibited to derive any benefit from objects used in the service of Avodah Zarah, as is learned from the verse in Devarim (7:26). Anyone who benefits from them receives Malkos two times: once for the prohibition from the above verse and once for the prohibition from the verse in Devarim (13:18).
(b) Objects of Avodah Zarah themselves and the utensils that are used in their service must be destroyed, as it states in Devarim (7:5, 12:2).
(c) Money paid in exchange for an item of Avodah Zarah becomes forbidden (Asur b'Hana'ah) like the Avodah Zarah itself.

10) [line 24] "...V'HAYISAH CHEREM KAMOHU" - "...and you will become shunned like it (the item of Avodah Zarah)" (Devarim 7:26)

11) [line 24] KOL SHE'ATAH MEHAYEH MIMENU - anything that you produce from it

12) [line 27] SHEVI'IS
The Torah requires that farmers desist from working the land every seventh year, as described in Vayikra 25:1-7. The fruits that grow during the seventh (Shevi'is) year are holy to the extent that 1. they must be considered ownerless; anyone may come into any field and pick the fruit that he intends to eat. 2. The fruits may not be bought and sold in a normal fashion (see Insights to Sukah 39:2). 3. The Torah requires that the fruits of Shevi'is be used only for eating or drinking (in the normal manner of eating for that type of fruit) or for burning to provide light (in the case of oil). They may not be wasted or used for medicinal purposes or animal fodder, etc.

13) [line 28] SHNEI KESUVIM HA'BA'IM K'ECHAD EIN MELAMDIN - we do not learn from two subjects that express the same Halachah (lit. that come together)
(a) A Binyan Av (lit. 'building through a father,' -- father in this sense means a Biblical source), is a rule of Biblical interpretation in which one subject is deemed a prototype in order to apply a Halachah stated by that subject to other comparable subjects.
(b) If two verses express the same Halachah regarding two different subjects, we cannot apply the Halachah elsewhere through a Binyan Av. Through the fact that the Torah found it necessary to repeat the law the second time, we may deduce that the Halachah is *not* meant to be applied automatically in all situations.

14) [line 30] "[KI] YOVEL HI, KODESH TIHEYEH LACHEM" - "It is a Yovel year, it shall be holy to you." (Vayikra 25:12) - Even though the verse is referring to Yovel, the Gemara cites it with regard to fruits of Shevi'is because the laws of Yovel and Shevi'is are the same (RITVA).

15) [line 31] TOFES ES DAMAV - it takes hold of its money (the Kedushah of the item is transferred to the money paid in exchange for it)

16) [line 35] B'HAVAYASAH TEHEI - in its state it shall remain

17) [line 36] MISBA'ARIM (BI'UR)
(a) See above, entry #12, Shevi'is.
(b) In addition, when each type of produce is no longer available in the fields, there is an obligation to perform Bi'ur on it and on all of the items for which it was exchanged (Pesachim 52a). The Rishonim argue with regard to the definition of Bi'ur.

1. The Ramban (to Vayikra 25:7) writes that one is obligated to remove the items from his house and *declare them Hefker (ownerless)* such that they may be taken by any passerby. (One may later reacquire ownership of the produce.) If Bi'ur was not done at the right time, the produce becomes Asur b'Hana'ah mid'Rabanan.
2. According to the Rambam (Hilchos Shemitah 7:3), Bi'ur means to destroy the produce completely. At the time that it is no longer available in the fields, eating it becomes prohibited.
3. The Ra'avad (ibid.) rules that there are two types of Bi'ur. At the time that an item of produce becomes unavailable in the fields *in a certain place*, one must declare it Hefker (like the opinion of the Ramban). At the time that it becomes unavailable *in all of Eretz Yisrael*, one must destroy the produce completely (like the opinion of the Rambam).
18) [line 41] MATANOS - the priestly gifts
(a) Whenever a person slaughters an ox, sheep or goat (that is not Kodesh), he must give to a Kohen the Zero'a, Lechayayim and Keivah (the foreleg, the [lower] jaw, and the maw or abomasum [the last of a cow's four stomachs] (Devarim 18:3). 1. The ZERO'A consists of the two upper limbs of the right foreleg, from the knee until the top of the shoulder blade; 2. The LECHAYAYIM consists of the lower jaw, from the joint where it is attached to the upper jaw until the thyroid cartilage, including the tongue; 3. The KEIVAH consists of the maw together with its Chelev, but the Minhag of the Kohanim is to let the animal's owner keep the Chelev.
(b) Although one must give the Zero'a, Lechayayim and Keivah to a Kohen, they may be eaten by a non-Kohen.

19) [line 41] MEI CHATAS / EFER CHATAS
(a) The Parah Adumah, an exclusively red-haired female cow is burned on Har ha'Zeisim and its ashes are used for making a person Tahor if he is Tamei Mes. Only a cow that has not had a yoke placed upon it and has had no other work done with it is fit to be used as a Parah Adumah. A place is prepared for its slaughter on Har ha'Zeisim, opposite the gate to the Azarah (the courtyard of the Beis ha'Mikdash). After it is slaughtered, its blood is sprinkled in the direction of the Beis ha'Mikdash seven times. This is the "Haza'ah" to which the Gemara now suggests the Mishnah is referring. A cedar branch, some Ezov branches and a piece of crimson wool are thrown into the carcass of the cow while it is burning. (Bamidbar 19:1-22)
(b) If a person (or utensil) became Tamei through touching Tum'as Mes or being in the same room as a Mes or something that is Metamei b'Ohel, he must wait seven days to become Tahor. On the third and seventh days he must have spring water mixed with the ashes of the Parah Adumah (Mei Chatas) sprinkled on him. A person who is Tahor dips three Ezov branches that have been bound together into the mixture, and sprinkles them on the person who is Tamei. On the seventh day, he immerses in a Mikvah after the mixture is sprinkled on him in order to complete his Taharah. (Bamidbar 19:17-19)

(a) The words "Tovas Hana'ah" denote the trivial benefit (in terms of pleasure or compensation) that a person receives in return for giving away an object or goods to which he has only very limited rights.
(b) A common example of this is selecting a particular individual to be the recipient of a gift that he is obligated to bestow to others. For example, Terumah must be given to a Kohen, and Ma'aser to a Levi. The Tovas Hana'ah of a Yisrael who separates Terumah or Ma'aser from his produce is the right to give the Terumah or Ma'aser to the Kohen or Levi of his choice.
(c) Another example is selling an object to which one will not have full rights until a later date, or to which one may never gain full rights. For example, a woman only receives a Kesuvah from her husband if the husband dies before her or divorces her. She may sell her rights to collect the Kesuvah for Tovas Hana'ah. Since the possibility exists the she will die before her husband and the purchaser will not receive the Kesuvah, the Tovas Hana'ah of the Kesuvah is worth much less than the Kesuvah itself.
(d) The Gemara discusses whether Tovas Hana'ah has monetary value or not (see Insights to Kidushin 58:1).

The priestly gifts and other things that must be separated from one's flock or produce are considered as if they have already been separated. (Therefore, the recipient immediately acquires them if the animal or produce passes through his hands.) (There is a Machlokes regarding this matter.)


22) [line 1] HOTZA'AH AT - (a) you are removed [from the true meaning of the Mishnah]; (b) According to the reading *HUTZA'AH* AT - you are a swamp reed-cutter ("Hutza" means branch or reed), who is ignorant about the Mishnah

23) [line 1] ICHSIF - he was embarrassed
24) [line 1] MI'SHEMA'ATA KA'AMAR LEI - [Rebbi Chiya bar Avin thought] that he (Rav Huna) was saying to him [that he is removed] from understanding the teaching [of the Mishnah]

25) [line 2] HUTZAL - a city in Bavel, located between Sura and Neharde'a, that was walled from the time of Yehoshua bin Nun, where members of the tribe of Binyamin may have settled after they were taken into exile

26) [line 3] TIVLO - his Tevel fruits (TEVEL)
(a) After a crop that is grown in Eretz Yisrael is harvested and brought to the owner's house or yard, he must separate Terumah Gedolah from the crop and give it to a Kohen. Although the Torah does not specify the amount to be given (a single grain exempts the entire batch), the Rabanan set the requirement at one fiftieth of the total crop.
(b) After Terumah is removed from the produce, one tenth of the produce that remains must be designated "Ma'aser Rishon," and given to a Levi. The Levi, in turn, must separate one tenth of his Ma'aser Rishon as Terumas Ma'aser, to be given to a Kohen, as it states in Bamidbar 18:26.
(c) The produce may not be eaten until both Terumos have been removed, and it is known as Tevel. The punishment for eating Tevel is Misah b'Yedei Shamayim.
(d) A second tithe is given every year after Ma'aser Rishon has been separated. The tithe that is separated in the third and sixth years of the7-year Shemitah cycle is called Ma'aser Ani and is given to the poor.
(e) The tithe that is separated during the first, second, fourth and fifth years is called *Ma'aser Sheni*. The Torah requires that Ma'aser Sheni be brought and eaten by its owner in Yerushalayim.

27a) [line 4] DEMEI TIVLO - the full value of his Tevel fruits
b) [line 6] DEMEI CHULIN SHE'BO - the value of the Chulin fruits (the fruits that are not Terumah and Ma'aser) that are within it

28) [line 15] CHITAH ACHAS POTERES ES HA'KRI - a single grain of wheat exempts the entire pile (and fulfills the obligation of separating Terumah; see above, #26)

29) [line 19] LO IBA'I LEI LI'SHEHUYEI L'TIVLEI - he should not have left his Tevel fruits [in their state of Tevel without separating Terumos and Ma'asros from them]

30) [line 21] HA'NOTEL SECHAR LA'DUN, DINAV BETELIM - one who takes a fee for rendering judgement, his rulings are invalidated

31a) [line 22] L'HAZOS - to sprinkle the water that is mixed with the ashes of the Parah Adumah upon the person or object that is Tamei to make it Tahor
b) [line 22] L'KADESH - to mix the ashes of the Parah Adumah with the water

32) [line 22] MEIMAV, MEI ME'ARAH - his water (that he prepared for use as Mei Chatas) is [invalid for use since it is] considered to be like the water of a cave (and spring water is needed for Mei Chatas -- see above, entry #19)
A Kohen who asks for a fee to perform the sprinkling process of the Mei Chatas may receive a penalty that even if he draws water from a spring, it is considered Mei Me'arah. TOSFOS states that his water is simply not considered spring water but rather standing water. RASHI explains that it is considered Seruchim (lit. foul-smelling) because of his poor conduct.

33) [line 23] EFER MAKLEH
Ordinary ashes that are found in stoves and ovens are called Efer Makleh. It is obvious that they may not be used for Mei Chatas. In certain circumstances, a Kohen may receive a penalty such that any time he works with the ashes of a Parah Adumah, they are considered Efer Makleh. One such case is if he asks for a fee to perform the sprinkling process of the Mei Chatas.

34a) [line 23] BI'SECHAR HAVA'AH U'MILUY - as compensation for bringing the ashes of the Parah Adumah from Yerushalayim and filling the vessel with water from the spring
b) [line 23] BI'SECHAR HAZA'AH V'KIDUSH - as compensation for the actual sprinkling of the Mei Chatas, and the preparation of the water as Mei Chatas

*****PEREK #3 HA'OMER*****

35) [line 28] HAREI AT MEKUDESHES LI L'ACHAR SHELOSHIM YOM - "You are hereby betrothed to me for after thirty days." When a man is Mekadesh a woman in this manner, the Kidushin does not take effect until after thirty days have passed.

36) [line 29] BAS YISRA'EL L'CHOHEN TOCHAL BI'TERUMAH - if she was a Bas Yisrael (a non-Kohen) who became married to a Kohen (the "Sheni"), she may eat Terumah

37) [line 30] ME'ACHSHAV, UL'ACHAR SHELOSHIM YOM - "[You are hereby betrothed to me] from right now, after thirty days have passed." In such a case, as soon as thirty days have passed, the Kidushin takes effect retroactively.

38) [line 30] MEKUDESHES V'EINAH MEKUDESHES - she is betrothed and she is not betrothed (i.e. her state of Kidushin with each of the two men is in doubt; Rav and Shmuel (59b) dispute whether her status is in doubt forever (Rav), or only until thirty days have passed (Shmuel))

39a) [last line] V'TANA DIDAN? - and our Tana? (That is, what does he hold on the matter, since he did not mention that the friend was a Ramai, a scoundrel?)
b) [last line] HALACH NAMI DI'KETANI, HALACH B'RAMA'US - [the term] "he went" which is written means "he went" guilefully

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