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Previous daf Kidushin 59
KIDUSHIN 59 - dedicated by Marsha and Lee Weinblatt in memory of her mother,
Esther Friedman (Esther Chaya Raizel bas Gershom Eliezer) and father, Hyman
Smulevitz (Chaim Yisachar ben Yaakov).
1) [line 6] EIMA LO LEHEVEI RAMAI - we might have said that he would not be
called a Ramai (a scoundrel)
2) [line 10] MAR'EH MAKOM HU LO - he was just showing to him (his Shali'ach)
the [most likely] way [to be Mekadesh the woman, i.e. in that certain city.
If he was Mekadesh her elsewhere, however, she is also Mekudeshes]
3) [line 10] RAVIN CHASIDA - Ravin the Pious
4) [line 14] IBA'I LEI L'ODOEI - he (Ravin Chasida) should have informed him
(his son, that he would not take her as a daughter-in-law, but rather as a
5) [line 22] HAVAH MEHAPICH BEHA'HI AR'A - he was inspecting a certain piece
of land (to determine whether he would buy it)
6) [line 26] ANI MEHAPECH B'CHARARAH - a poor man who is inspecting a
coal-baked cake or pita (a) with the intent of acquiring it from Hefker (the
state of being ownerless) or (b) to influence the homeowner to give it to
7) [line 29] HASHTA NAMI NEISVAH NIHALEI MAR - [Rav Yitzchak Nafcha
suggested, "If so,] now you (Rebbi Aba) should give it (i.e. sell it) to him
8a) [line 31] AR'A KAMAISA HI - it is the first piece of land [that I have
b) [line 31] V'LO MESAMNA MILSA - and it is not a good sign (to sell the
first piece of land that one buys)
9) [line 35] U'MISKARYA AR'A D'RABANAN - and it is called "the Land of the
Rabbis" (and is used for growing food for the Yeshiva students)
10) [line 38] V'AF AL PI SHE'NISAKLU HA'MA'OS - and even though the money
[given for the Kidushin] has been used up
11) [line 44] ASI DIBUR U'MEVATEL DIBUR - words (her retraction of her
acceptance of the Kidushin) come to nullify words (his statement to Mekadesh
12) [line 45] BITEL (TERUMOS: BITEL)
(a) After a crop 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, the Rabanan set the
requirement at one fiftieth of the total crop. More generous landowners
separate one fortieth while the less generous separate one sixtieth.
(b) The Gemara derives from the verse (Bamidbar 18:28) that a landowner may
appoint a Shali'ach (agent) to separate Terumah on his behalf. The Mishnah
(Terumos 3:4) states that if the landowner nullified the appointment,
whether in front of the Shali'ach or not, and the Shali'ach had not as yet
separated Terumah, what he does separate is not Terumah. If he had already
separated Terumah, it is Terumah.
13) [line 48] V'HIGI'A BA'SHALI'ACH - and he chanced upon the Shali'ach
(indicating that he was not pursuing him)
14) [line 49] GET SHE'NASATI LECHA BATEL HU (BITUL HA'GET)
(a) According to the Torah, a man who sends a Get (bill of divorce) to his
wife with a messenger can revoke it before it reaches the hands of his wife
by declaring in front of a Beis Din (i.e. two or three men -- Gitin 32b),
"The Get that I have sent is hereby nullified." (MISHNAH Gitin 32a).
(b) The repeal of the Get takes effect even if it is not done in the
presence of the woman or the messenger. However, the Chachamim forbade
revoking the Get unless it is done in the presence of the messenger or the
wife. According to some Amora'im, they feared that if the husband would
revoke the Get without the knowledge of the messenger and the wife, his wife
may marry another man, relying on the Get, without realizing that the Get
was revoked before it was handed to her. In order to prevent this
unfortunate situation, the Chachamim decreed that a man may not revoke a Get
after sending it to his wife with a messenger unless he (or a second
messenger of his) does so in their presence. Other Amora'im maintain that
the decree was enacted because men regularly used to cancel Gitin after they
dispatched them in order to distress their wives. The Chachamim therefore
ruled that the husband (or a second messenger of his) must revoke the Get in
the presence of the original messenger or the wife. The husband will not go
to such lengths and pursue the original messenger to revoke the Get, just to
distress his wife (ibid. 33a and RASHI).
(c) If the husband *does* revoke the Get while not in the presence of the
first messenger or the wife (b'Di'eved), the Tana'im argue as to whether his
action has any validity (ibid.). The Halachah follows the opinion that the
repeal takes effect. However, since, with the repeal, the husband has
transgressed a Rabbinical enactment, he receive Makas Mardus (see Background
to Yevamos 52:1) for his action.
15) [line 51] KOL HA'KELIM YORDIN L'YDEI TUM'ASAN B'MACHSHAVAH V'EIN OLIM
M'YDEI TUM'ASAN ELA B'SHINUY MA'ASEH
(a) A utensil is considered ready to receive Tum'ah only after it is
completely finished. If the artisan only *decided* that the utensil needs no
more work, it is considered complete and may become Tamei. If the artisan
decides to do more work on the utensil, it remains Tamei until an *action*
is performed on the utensil that makes his intention clear.
(b) The action that must be performed to change the status of a utensil must
be an action that renders the utensil unfit for its original purpose. For
example, if a tanner decided to use a hide as a rug, it may become Tamei
from that moment on. If he then changes his mind and decides to make shoes
out of it, it remains in its current status until he begins to cut the hide
16) [line 5] MACHSHAVAH D'TUM'AH - the decision of [an artisan that the
utensil he is fashioning needs no more work, thus rendering it ready to
receive] Tum'ah (since it is considered completely finished)
17a) [line 6] KESIV "KI YITEN" V'KARINAN "KI YUTAN" - the verse states,
"v'Chi Yutan Mayim Al Zera..." - "If water has been placed on seeds and then
the dead body [of a Sheretz] fell upon them, the seeds are Tamei." (Vayikra
11:38) - The word "Yutan" is written without a letter Vav and may therefore
be read "Yiten."
b) [line 7] KI YITEN / KI YUTAN
(a) Foods may become Tamei if they touch a source of Tum'ah only if they
were wetted at some point in their history. Making foods wet in a manner
that enables them to become Tamei is called "Hechsher." From then on, even
after they dry, they can become Tamei. Wetting food with either of seven
liquids, water, dew, oil, wine, milk, blood, and honey, can enable the food
to become Tamei.
(b) The food can only become Tamei if the owner of the food was *pleased*
that his food became wet. This is learned from the verse, "v'Chi Yutan Mayim
Al Zera..." - "If water has been placed on seeds and then the dead body [of
a Sheretz] fell upon them, the seeds are Tamei" (Vayikra 11:38). The word
"Yutan" in the verse is written without a Vav, just like the word "Yiten" --
"he places." However, according to the Mesorah, it is read "Yutan" -- "it
was placed." From this we learn that when water or other liquids fall on the
food it is considered Hechsher only if their presence is desirable to the
owner of the food (i.e. it is as though he himself applied them).
(c) It is necessary only for the owner to desire the liquid; he need not
desire that the liquid come into contact with the food. That is, even if the
owner desires the liquid for an entirely different purpose, if the liquid
later comes into contact with food it will enable the food to become Tamei.
On the other hand, if the owner only intended to dispose of the liquid it
does not enable the food to become Tamei, since only liquids that are
significant can cause Hechsher.
18) [line 32] V'HILCHESA KAVASEI D'REBBI YOCHANAN, V'AFILU B'KAMAISA - the
Halachah follows the opinion of Rebbi Yochanan [who rules that a woman may
nullify the appointment of her agent for Kidushin (without telling him --
TOSFOS)] and even in the first case [of a woman who accepted Kidushin with
the stipulation that the betrothal would take place only after thirty days,
and changes her mind before they take effect, annulling the betrothal]
19) [line 35] MAHU SHE'YACHZOR V'YEGARESH BO - what is the law with regard
to re-using and divorcing with it (with the Get that was sent with a
Shali'ach whose Shelichus was then nullified)
20) [line 40] B'MAI PAK'EI - with what is it (the Kidushin) removed?
21) [line 45] MEHA'YOM UL'ACHAR MISAH - "[This is you Get] from today and
after [my] death"
22a) [line 48] DELI'RCHUKAH KA'ASI - since he intends to divorce her (lit.
to distance her [from himself])
b) [line 48] DELI'KEROVAH KA'ASI - since he intends to betroth her (lit.
to bring her close)
23) [line 49] EIN GET L'ACHAR MISAH - a Get cannot take effect after [the