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Kidushin 61

KIDUSHIN 61-65 - Ari Kornfeld has generously sponsored the Dafyomi publications for these Dafim for the benefit of Klal Yisrael.

1) [line 1] HA'MAKDISH SADEHU BI'SHE'AS HA'YOVEL (PIDYON SEDEH ACHUZAH - redeeming an ancestral field)
(a) A Sedeh Achuzah is a field that came into the possession of its owner's family after the conquest and division of Eretz Yisrael, at the time of Yehoshua bin Nun.
(b) If a person was Makdish (consecrated to the possession of the Beis ha'Mikdash) his Sedeh Achuzah, everyone has the right to redeem it from Hekdesh from that day until Yom ha'Kipurim of the Yovel year. If the Makdish redeems it, he must pay to Hekdesh an additional *fifth* (of the ensuing total, or a *quarter* of the original value) of the value of the field. If the Makdish does not redeem his field by Yom ha'Kipurim of the Yovel year, but rather it is not redeemed, or another person redeems it, it is given to the Mishmar of Kohanim who are on duty at that time (Vayikra 27:15-21). If the *son* of the Makdish redeems the field, it is not given to the Kohanim; it returns to the possession of Makdish (Erchin 25b).
(c) When redeeming a Sedeh Achuzah from Hekdesh, its "value" is determined according to the fixed endowment value stated in Vayikra 27:16, i.e. 50 silver Shekels for every parcel of land that is normally sown with a Chomer (1 Chomer = 1 Kur = 30 Se'ah or approximately 216, 248.9 or 432 liters, depending upon the differing Halachic opinions) of barley seed (75,000 sq. Amos -- see Background to Kidushin 60:17). However, fifty Shekels are given only if the field was redeemed at the beginning of a new Yovel cycle; the amount decreases proportionally with every year that passes until it is less than two years before the next Yovel. At that point, it is once again redeemed for fifty Shekels per Chomer (ibid. 25a).

2) [line 2] NEKA'IM - ravines, cracks
3) [line 8] "...ZERA CHOMER SE'ORIM BA'CHAMISHIM [SHEKEL KESEF.]" - "[And if a man shall sanctify to HaSh-m some part of a field of his possession, then the endowment value shall be according to its seed; each Chomer of barley seed [that the field can grow] shall be valued at fifty shekels of silver." (Vayikra 27:16)


  • 1 Kur (= 1 Chomer) = 30 Se'in
  • 1 Lesech = 15 Se'in
  • 1 Eifah = 3 Se'in
  • 1 Se'ah = 6 Kabin
  • 1 Tarkav (= 3 Kabin) = 12 Lugin
  • 1 Kav = 4 Lugin
  • 1 Log (= 1 Rova) = 4 Revi'iyos = 6 Beitzim
  • 1 Beitzah = 2 k'Zeisim
  • 1 k'Zayis = approximately 0.025, 0.0288 or 0.5 liters, depending upon the differing Halachic opinions.
5a) [line 16] NAGANEI D'AR'A - basins of the land
b) [line 16] SHIDRA D'AR'A - the spine of the land

6) [line 28] TENAI BENEI GAD U'VNEI REUVEN (TENAI KAFUL - The two-sided conditional statement)
(a) It is possible to make a condition in all Kinyanim (acquisitions; the word Kinyan connotes a change of ownership or status, such as sales, gifts, Gitin and Kidushin) such that the Kinyan will not take effect unless one or both of the parties involved fulfill the specified condition. However, the Torah established that not all conditional statements are valid. Rather, the wording of the conditional statement must follow a specific formulation (Kidushin 61a):
(b) According to those who rule that a Tenai Kaful is required (including Rebbi Meir of our Mishnah), it must be double-sided ("Tenai Kaful"; i.e. both the positive and the negative sides of the condition must be explicitly stated) and the positive side must precede the negative side. For example, "If you do such-and-such, the Kinyan will take effect; *and if not, the Kinyan will not take effect.* (Rebbi Chanina ben Gamliel argues, and does not require that a conditional statement be double-sided, since the inverse may be inferred from the first half of the statement -- mi'Chlal Hen Atah Shome'a Lav.) Another requirement is that the statement of the condition must precede the statement of the action.
(c) The format for conditional statements is learned from the condition that Moshe Rabeinu made with the men of the tribes of Gad and Reuven. They received portions in the land of Ever ha'Yarden (modern-day Jordan) on condition that they fight alongside the other tribes in the wars of conquest of Eretz Yisrael proper (Kidushin 61a).
(d) There are Rishonim who write that even according to the opinion that a double-sided statement is necessary, it is not necessary under all circumstances:

1. According to some, if the words "Al Menas" ("on the condition that...") are included in the words of the conditional statement, it is considered as if the statement is double-sided, and the second side need not be stated explicitly (RAMBAM Hilchos Ishus 6:17).
2. There are those who are of the opinion that the rules governing the working of a Tenai only apply to Gitin and Kidushin, but not to sales and gifts (see RAMBAM and RA'AVAD Hilchos Zechiyah u'Matanah 3:8).
(e) Even if the wording of the conditional statement is properly formulated, there are still certain instances in which a Tenai will not work. For example, the condition and the action cannot affect the same subject ("Tenai u'Ma'aseh b'Davar Echad," as the Gemara states below); the condition must be physically possible to perform (Gitin 84a); and the condition must not be dependent upon the concept of Bereirah (according to the opinion that rules Ein Bereirah -- Gitin 25b, see Background to Gitin 47:38). There are also rules as to which types of actions can be qualified by a Tenai. A Tenai can only be stipulated for the types of actions which one is able to perform through an agent (a Shali'ach), such as the purchase or sale of land or other objects, or such as effecting a marriage or divorce (Kidushin or Gerushin). When performing actions such as Chalitzah, which cannot be performed through a Shali'ach, a Tenai cannot be stipulated.
(f) If the Tenai is not formulated properly, or if it does not fulfill one of the above points, the Tenai is not valid and the action (that is the Kinyan) takes effect even if the parties do not fulfill the specified conditions. That is, the Tenai is disregarded.

7a) [line 29] "VA'YOMER [MOSHE] ALEIHEM, 'IM YA'AVRU VENEI GAD U'VNEI REUVEN...'" - "And [Moshe] said to them, 'If the sons of Gad and the sons of Reuven will pass [with you over the Yarden, every man armed to battle, before HaSh-m, and the land shall be subdued before you; then you shall give them the land of Gil'ad for a possession.']" (Bamidbar 32:29)
b) [line 30] "V'IM LO YA'AVRU CHALUTZIM [ITCHEM; V'NOCHAZU V'SOCHECHEM B'ERETZ KENA'AN.]" - "But if they will not pass over [with you] armed, [they shall have possessions among you in the land of Kena'an.]" (Bamidbar 32:30)


8) [line 3] HAVAH AMINA "V'NOCHAZU V'SOCHECHEM" B'ERETZ GIL'AD - we would have thought that the words "v'Nochazu v'Sochechem" refer to a *portion* of Eretz Gil'ad, that they would have received as a reward for helping capture it (but not any part of Eretz Kena'an, and certainly not *all* of Gil'ad, which they requested)

9) [line 12] KEFILO - his "doubling" of the conditional statement, i.e. stating the converse

10) [line 19] MEKAMEI D'NEIMA LEI REBBI MEIR "V'NOCHEZU" - before Rebbi Meir asked about the implication of the extra words "b'Eretz Kena'an" in the verse "v'Nochazu v'Sochechem"

11) [line 21] "[HALO] IM TEITIV SE'ES, V'IM LO SETIV LA'PESACH CHATAS ROVETZ. [V'ELECHA TESHUKASO, V'ATAH TIMSHOL BO.]" - "If you improve yourself, you shall be forgiven. But if you do not improve yourself, sin lies at the door. [And to you shall be his desire, and yet you may conquer him.]" (Bereishis 4:7) - This verse may be translated as, "Surely if you improve yourself, you *will receive a reward*; but if you do not improve yourself, you will be punished for falling into the clutches of the Yetzer ha'Ra."

12) [line 24] AGRA - reward
13) [line 25] DINA - punishment
14) [line 26] "AZ TINAKEH ME'ALASI..." - "Then shall you be free from my oath, [when you come to my family; and if they grant it not to you, you shall be free from my oath.]" (Bereishis 24:41)

15) [line 28] D'NICHA LAH L'DIDAH V'LO NICHA (LEI) [LEHU] L'DIDHU - in a case where she is agreeable [to the marriage] but her family is not agreeable

16) [line 34] "IM B'CHUKOSAI TELECHU...V'IM B'CHUKOSAI TEMA'ASU..." - "If you walk in My statutes, [and keep My commandments, and do them;]...And if you shall despise My statutes, [or if your soul loathes My judgments, so that you will not do all My commandments, but that you break My covenant;]" (Vayikra 26:3, 15)

17) [line 39] "IM TOVU U'SHEMA'TEM...V'IM TEMA'ANU U'MRISEM..." - "If you are willing and obedient, [you shall eat the good of the land;] But if you refuse and rebel, [you shall be devoured with the sword; for the mouth of HaSh-m has spoken it.]" (Yeshayah 1:19-20)

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