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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 wife)

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 him

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 (Rav Gidal)."

8a) [line 31] AR'A KAMAISA HI - it is the first piece of land [that I have ever bought]
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 her)

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)

(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.

(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 for shoes.


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 man's] death

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