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Previous daf Kidushin 68
KIDUSHIN 68 - This Daf has been dedicated l'Iluy Nishmas Harav Ze'ev Wolf
Rosengarten of Zurich, Switzerland (Yahrzeit: 14 Adar 5760) by his nephew
and Talmid, Eli Rosengarten of Zurich.
1) [line 1] NIDAH
By Torah Law, a woman who has her period is a Nidah for seven days. It makes
no difference whether she saw blood only one time or for the entire seven
days. At the end of seven days, after nightfall, she immerses in a Mikvah to
(The current practice is to consider all women who have a show of blood to
be a Zavah and therefore they must have seven clean days before they go to
2) [line 12] "KI SIHEYENAH L'ISH SHTEI NASHIM, HA'ACHAS AHUVAH VEHA'ACHAS
SENU'AH, [V'YALDU LO VANIM HA'AHUVAH VEHA'SENU'AH; V'HAYAH HA'BEN HA'BECHOR
LA'SENI'AH.]" - "If a man has two wives, one beloved, and another hated,
[and they have born him children, both the beloved and the hated; and if the
firstborn son is hers who was hated.]" (Devarim 21:15)
3a) [line 15] AHUVAH B'NISU'EHA - (lit. beloved in her marriage) a woman who
is permitted to be married to her husband
b) [line 15] SENU'AH B'NISU'EHA - (lit. hated in her marriage) a woman who
is forbidden by the Torah to be married to her husband
4) [line 16] UL'REBBI AKIVA D'AMAR EIN KIDUSHIN TOFSIN B'CHAYAVEI LAVIN
(a) There are women whom the Torah prohibits to certain men. However, if
these men transgress a Torah prohibition and are Mekadesh (betroth) them the
Kidushin is valid. Other women are prohibited to the extent that even if the
men are Mekadesh them, the Kidushin is not valid.
(b) The Tana'im argue, based upon differing interpretations of the verses of
the Torah (Kidushin 67b-68a), with which women Kidushin is valid and with
which women Kidushin is not valid.
1. According to most of the Tana'im, Kidushin is valid with women who are
prohibited only with a Lav and/or an Aseh. Kidushin is not valid with women
who are prohibited with an Isur Kares (such as the Arayos that the Torah
prohibits in Parshas Acharei Mos, Vayikra 18:6-23).
(c) Another result of the above-mentioned argument applies to Mamzerim.
According to the opinion that rules that only Kidushin with Chayavei Kares
is not valid, the children of Chayavei Lavim are not Mamzerim. According to
Rebbi Akiva and those Tana'im who rule that Kidushin with Chayavei Lavim is
not valid either, the children of Chayavei Lavim are also Mamzerim (see
"Mamzer," in the Background ibid.).
2. Rebbi Akiva and other Tana'im are more stringent, ruling that Kidushin is
not valid even with those women who are prohibited with an Isur Lav. The
Tana'im argue further with regard to the opinion of Rebbi Akiva, as to
whether Kidushin is not valid only with some of the Chayavei Lavin (those
women who were never permitted to the man in question), or with all of them.
Additionally, one Tana claims that according to Rebbi Akiva, Kidushin is not
valid with Isurei Aseh either (see "Mamzer," Background to Kidushin 66:24).
(d) According to all opinions, Kidushin may not be effected with a
non-Jewish maidservant or a Nochris, even though the prohibition against
marrying them is not a Isur Kares, since the institution of Kidushin does
not exist with regard to these women (see Insights to Yevamos 45:1).
5) [line 34] SHAVKEI LI'KERA D'IHU DACHIK U'MUKIM A'NAFSHEI - leave aside
the literal meaning of the verse, because it is written in a forced matter,
and it must be interpreted based on its Halachic context
6a) [line 37] "...SHEVU LACHEM POH IM HA'CHAMOR..." - "[And Avraham said to
his young men,] 'Stay here with the donkey; [and I and the lad will go
yonder and worship, and come back to you.']" (Bereishis 22:5)
b) [line 37] AM HA'DOMEH L'CHAMOR - people who are Halachically comparable
to the donkey
7a) [line 1] "...HA'ISHAH V'YLADEHA TIHEYEH LA'DONEHA..." - "[If his master
has given him a [maidservant as a] wife, and she has born him sons or
daughters;] the wife and her children shall [be slaves and] belong to her
master, [and he shall go out by himself.]" (Shemos 21:4)
b) [line 1] HA'ISHAH V'YLADEHA... (EVED IVRI - a Jewish slave)
(a) There are two ways that a Jewish man can be bought as a slave by another
Jew. Either he may sell himself because he is destitute, or he may be sold
by Beis Din to pay back a theft. During his term as a slave, his master must
support his family (Kidushin 22b). The master may not make his Eved Ivri do
disgraceful work for him, nor may he treat him as one normally treats a
slave. For example, if the master only has one pillow, he must give it to
his Eved Ivri rather than keep it for himself (Kidushin 20a).
(b) If the slave was married before he was sold, the master has the right to
give him a Nochri maidservant to bear him children who will become the
slaves of the master (Shemos 21:4). (One who is not an Eved Ivri is
forbidden to have relations with a maidservant.)
(c) An Eved Ivri is obligated to work for his master for only six years
(Shemos 21:2) or until the Yovel year, whichever comes first (Kidushin 14b,
16a). At any time during his term, he may go free if he or someone else pays
his master the money remaining frem the sum that the master paid for him,
prorated to the amount of time that he worked. If at the termination of six
years he expresses his desire to continue life as a slave, the master takes
the slave to Beis Din, and stands the slave near a doorpost and pierces his
right ear and the door with an awl. This is known as Retzi'ah, and an Eved
Ivri upon whom this is performed is called a "Nirtza." A Nirtza slave must
continue to serve his master until the Yovel year (ibid. 21:6) or until his
master dies. Whenever an Eved Ivri goes free, under most circumstances his
master must give him monetary gifts valued at 15, 30 or 50 Sela'im,
according to the various opinions (Kidushin 17a). This is known as Ha'anakah
(d) The Gemara (Kidushin 14b) cites a Tana that distinguishes between the
Halachos of an Eved Ivri who sold himself and an Eved Ivri who was sold by
Beis Din. According to this Tana, some of the above-mentioned Halachos do
not apply to an Eved Ivri who sold himself. (For example, he cannot become a
Nirtza, he does not receive Ha'anakah, etc.)
8) [line 2] "[V']LO SISCHATEN BAM..." - "[And] you shall not make marriages
with them; [your daughter you shall not give to his son, nor his daughter
shall you take to your son.]" (Devarim 7:3)
9) [line 5] "KI YASIR ES BINCHA ME'ACHARAI..." - "For they will turn away
your son from following Me, [and they will serve other gods; so will the
anger of HaSh-m be kindled against you, and He will destroy you speedily.]"
10) [line 13] HANICHA L'REBBI SHIMON D'DARISH TA'AMA DI'KERA
Rebbi Shimon used to suggest logical reasons for the Torah's commandments;
this is the meaning of "Darish Ta'ama di'Kra," as in Yevamos 23a.
11) [line 15] A"K - Amar Kera
12a) [line 15] "...V'ACHAR KEN TAVO ELEHA U'V'ALTAH [V'HAYESAH LECHA
L'ISHAH.]" - "[And she shall take off the [fine] garment of her captivity,
and shall remain in your house, and bewail her father and her mother a full
month;] and after that you shall go in to her, and be her husband, [and she
shall be your wife.]" (Devarim 21:13)
b) [line 15] V'ACHAR KEN (YEFAS TO'AR)
(a) The Torah (Devarim 21:10-14) permits a Jewish soldier to take home a
foreign female prisoner of war, convert her, and marry her. The Torah
permits this "only in recognition of the power of a man's evil inclination,"
in order to prevent the strong likelihood that some Jews might be overcome
by their Yetzer ha'Ra and engage in forbidden relations with her.
(b) However, the Torah requires first that she undergo a thirty-day period
of mourning for her parents (as well as for their idolatrous practices;
Yevamos 48b, RAMBAM Hilchos Melachim 8:5). This involves shaving her head,
letting her fingernails grow (or be cut; see Yevamos 48b), and replacing the
fine garments that she was wearing when she was captured with ordinary
clothes. This is done in order to make her less attractive (RASHI to Devarim
ibid., IBN EZRA to Devarim ibid.) and to signify purification and a new
status (CHIZKUNI to Devarim ibid.).
(c) There is a Machlokes Rishonim regarding whether it is permitted for the
Jewish soldier to have relations with the Yefas To'ar a single time, during
the war, before bringing her home (RAMBAM, RABEINU TAM), or whether such an
act during war is forbidden and that the soldier must wait until after her
period of mourning is completed (RASHI, according to TOSFOS; see RITVA).
13) [line 18] "KI SIHEYENAH L'ISH [SHTEI NASHIM, HA'ACHAS AHUVAH VEHA'ACHAS
SENU'AH,] V'YALDU LO [VANIM HA'AHUVAH VEHA'SENU'AH; V'HAYAH HA'BEN HA'BECHOR
LA'SENI'AH.]" - "If a man has two wives, [one beloved, and another hated,]
and they have born him [children, both the beloved and the hated; and if the
firstborn son is hers who was hated.]" (Devarim 21:15) - They have born
*him* children, i.e. with the same status as him.
14) [line 18] KOL HEICHA D'KARINAN BEI "KI SIHEYENA" - (lit. in every case
in which we can satisfy the requirement of the verse "Ki Siheyena") in every
instance in which there is Kidushin with the woman, the children are
genealogically related to the father