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Kidushin 79

KIDUSHIN 77-80 - Ari Kornfeld has generously sponsored the Dafyomi publications for these Dafim for the benefit of Klal Yisrael.

1) [line 8] GAVRA, KIM LEI B'YUCHASIN - a man is an expert in matters of lineage [and when he finds a man of superb lineage for his daughter, he will annul his appointment of the Shali'ach]

2) [line 11] ITESA DAIKA U'MINASVA - a woman investigates [the situation until she is certain that she has found the perfect husband] before she gets married

A girl is a Ketanah (minor) until she has two pubic hairs after she enters her twelfth year. During the following six months she is a Na'arah (maidenhood). When six months elapse she becomes a Bogeres (adult).

See previous entry.

5) [line 22] TZAFRA - morning

6) [line 25] MIKVAH SHE'NIMDAD V'NIMTZA CHASER - a Mikvah that was measured and found to be lacking [the required minimum amount of 40 Se'in of non-drawn water] (MIKVA'OS)
(a) Rainwater (Notfin) is Metaher (purifies) if it is collected in a cavity, or "b'Ashboren," a fact that is learned from Vayikra 11:36, where the verse states that a "Mikveh Mayim" (an accumulation of water) purifies. While the rainwater is flowing (down a slope, for example,) it cannot be Metaher.
(b) Drawn water is called Mayim She'uvin. Only water that never entered a vessel (non-drawn water) may be used to fill a Mikvah. Once there are already 40 Se'in of non-drawn water in the Mikvah, drawn water may be added. However, if before there are 40 Se'ah in the Mikvah three Lugim of drawn water fall into it, they render the Mikvah invalid.

7) [line 25] KOL TAHAROS SHE'NA'ASU AL GABAV - all items of Taharah (ritual purity), such as Terumah and the like, that were touched by people or utensils that relied on this Mikvah to become Tehorim

8) [line 26] L'MAFRE'A - retroactively

(a) When there is a doubt as to whether an object is Tahor or Tamei, if the object is found in Reshus ha'Rabim the object is Tahor. If it is found in a private, concealed place, it is judged to be Tamei.
(b) This is learned from the case of the Sotah woman. In the case of a Sotah, where only two people were present at the time that there arose a question as to her status, she is judged Teme'ah/culpable and is prohibited to her husband. Similarly, whenever there are only two people present (i.e. a Reshus ha'Yachid l'Tum'ah), if a doubt arises regarding the status of a person or an object, he or it is judged to be Tamei. Whenever more than two people frequent a certain area it is a Reshus ha'Rabim l'Tum'ah. If a doubt arises regarding the status of a person or an object, he or it is judged to be Tahor.

10) [line 28] HA'AMED TAMEI AL CHEZKASO (CHAZAKAH - the situation as it stood until now, i.e. an assumption that is legally reliable)
(a) One of the most confusing aspects of the subject of "Chazakah" is that the term "Chazakah" is used to describe so many unrelated laws. Just about any logical clarification of a doubt (and more) is referred to by this name. In our Sugya, it is referring to the rule that when doubt arises as to whether the status of a certain person/object has changed, we assume that is has not changed.

1. Such a "Chazakah" may be used in regard to a purely Halachic status (such as Tamei/Tahor or Mutar/Asur), or in regards to a physical status that effects the Halachah (such as an animal not being a Tereifah, or a Mikvah not lacking the necessary amount of water). In our Sugya, the Chazakah of the people or objects that were Teme'im leads to the opposite conclusion of the Chazakah of the Mikvah not lacking the necessary amount of water.
2. A Chazakah may work forward in time (Chazakah D'Ikara), proving what will be, or backwards in time (Chazakah D'Hashta), proving what was.
(b) The word Chazakah is sometimes used to refer to what is actually a Ruba d'Leisa Kaman (see Background to Yevamos 119:6), such as "Chazakah Sheli'ach Oseh Shelichuso" (Chulin 12a). This is not the Chazakah we are discussing here.
(c) Another Chazakah proves that if a man or woman have acted as mother and son for a long enough time, it is accepted as strong enough evidence of their kinship to cause them to be executed for having forbidden relations with each other (Kidushin 80a). This too, is not the subject of our Sugya.

11) [line 32] TARTEI L'REI'USA - there are two negative factors. When the person immersed in the Mikvah that originally contained 40 Se'ah of water, but after his immersion found that it contained less than 40 Se'ah, we rule that he is Tamei due to a combination of two negative factors: 1. The person who immersed had a Chezkas Tamei, and 2. The Mikvah is presently lacking the necessary amount of water.

12) [line 33] TERUMAH (TERUMAH / 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.

13) [line 34] CHOMETZ - vinegar
14) [line 38] TOLIN - (lit. [their status is left] hanging) the status of the Taharos that relied upon this Mikvah being valid are forever in doubt, and receive the stringency of both Taharos and objects of Tum'ah


15) [line 4] SHECHIV ME'RA
(a) A Shechiv Mera is a person lying on his deathbed. Normally, in order to transfer one's possessions to someone else, a proper Kinyan must be executed (see Background to Kidushin 48:3:a), which will later be written in a Shtar. The Chachamim instituted that a Shechiv Me'ra may effect a Kinyan and transfer his property by simply requesting verbally that the transfer take place. If he recovers, the Kinyan is not valid, because it is clear that he executed the Kinyan only because he thought that he was going to die.
(b) However, if the Shechiv Me'ra gives as a gift only a portion of his property ("Matanah b'Miktzas"), then the transaction does *not* take effect until he makes a formal Kinyan. The reason is because by keeping some of his property to himself, he shows that he expects to live and is not giving away his property because he anticipates dying, and thus his gift has the status as that of a healthy person and it requires a Kinyan to take effect.

16) [line 24] KAILEI LEI B'KAVA ZUTA - [the amount of brains that were measured out to them (most people) were] measured in a small measuring container, i.e. and they would not have the audacity to rely on their wisdom to permit the woman to remain married to the man from whom she accepted Kidushin according to the ruling of Rav

17) [line 40] KERUCHIM ACHAREHA - embracing her; always following her

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