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Previous daf Kidushin 80
KIDUSHIN 77-80 - Ari Kornfeld has generously sponsored the Dafyomi
publications for these Dafim for the benefit of Klal Yisrael.
1) [line 1] KODSHEI HA'GEVUL - sanctified food that is eaten in all of Eretz
Yisrael, e.g. Terumah (see Background to Kidushin 79:12) and Chalah (see
Background to Kidushin 46:15)
2a) HUCHZEKAH NIDAH BI'SHECHEINOSEHAH - it was known to her neighbors that
she was a Nidah
b) [line 7] 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
3) [line 19] V'AZDU L'TA'AMAIHU - and they (Rebbi Yochanan and Rebbi Shimon
ben Lakish) each follow their own reasoning elsewhere
4) [line 21] SHE'DARKO SHEL TINOK L'TAPE'ACH - children are in the habit of
playing (a) with Sheratzim (see below, entry #8) in garbage heaps (RASHI);
(b) with dough (TOSFOS)
5) [line 22] V'HAVINAN BAH - and we ask about it
6) [line 22] ROV TINOKOS METAPCHIN - most children are in the habit of
playing [in garbage heaps or with dough] (RUBA D'LEISEI KAMAN)
A Ruba de'Leisa Kaman is a majority that is not present and countable, but
rather a predictable consequence of natural events (statistics) -- for
instance, the majority of animals give birth within a year of their birth.
7) [line 24] SEMOCH MI'UTA L'CHAZAKAH, ISRA' LEI RUBA - add the minority [of
children who do not play in garbage heaps or with dough] to the Chazakah [of
Taharah of the dough], to override the Rov
8) [line 26] RUBA V'CHAZAKAH, RUBA ADIF - when the Halachic status of an
item depends upon following a Rov (majority, e.g. that most children play in
garbage heaps or with dough) or following a Chazakah (the situation as it
stood until now, e.g. that the dough was Tahor), we follow the majority
9) [line 31] SHERATZIM U'TZEFARDE'IM - Sheratzim and frogs (TUM'AS SHERETZ)
A Sheretz (a crawling pest, vermin -- see Background to Shabbos 107:5), even
if it is only the size of an Adashah (lentil bean), is an Av ha'Tum'ah. It
makes a person or object Tamei through Maga (contact), whether the Sheretz
was touched willingly or unwillingly. The person who becomes Tamei by
touching a Sheretz may not eat Terumah or Kodshim. However, he can
immediately immerse in a Mikvah. After nightfall he becomes Tahor and may
eat Terumah or Kodshim.
10) [line 32] ROV SHERATZIM (RUBA D'ISEI KAMAN)
A Ruba d'Isei Kaman is a majority that is present and countable, such as a
majority of the judges of a court. The Torah instructs us to follow such a
majority, as it states "Acharei Rabim le'Hatos" (Shemos 23:2).
11) [line 34] EIN BAHEM DA'AS LISHA'EL - [a case where there is a person]
with no intelligence who cannot be asked [as to the status of a person or
(a) When there is a doubt as to whether an object is Tahor or Tamei, if the
object is found in a private, concealed place, it is judged to be Tamei (see
Background to 79:9).
(b) This Halachah applies only if the thing that transfers the Tum'ah or the
object that receives the Tum'ah is a Ben Da'as (i.e. has intelligence). If
there is a doubt as to whether an object that was Tamei touched another
object that was Tahor and no human was involved, or a child with no
intelligence (according to the Halachah) was involved, the object that was
Tahor remains so (since this case cannot be compared to the case of the
Sotah woman, in which Benei Da'as were involved).
12) [line 35] VA'ASA'UM CHACHAMIM K'MAH SHE'YESH BAHEM DA'AS LISHA'EL - and
Chazal ruled that they should be considered as if they had intelligence to
be asked, i.e. when there is a doubt as to the status of an object in Reshus
ha'Yachid, it is judged to be Tamei
13) [line 1] NEKURIM NEKURIM - small holes [that are evidence that the
chickens pecked at it]
14) [line 5] BERIBI - the great Talmid Chacham (and Gadol ha'Dor, Rebbi
Yehoshua ben Levi)
15) [line 7] BAVU'AH - reflection
16) [line 8] YISYACHED (YICHUD- the prohibition for a female to be in a
secluded place with a man who is a stranger to her)
(a) The Torah hints at the prohibition of Yichud in the verse dealing with
the Mesis (Devarim 13:7; see below entry 18a-b), as mentioned in our Gemara.
The forbidden Arayos relationships (Vayikra 18:6-30; 20:10-21) are included
in this Isur. After the incident of Amnon and Tamar (Shmuel II 13:1-21),
David ha'Melech extended the Isur to unmarried women. The students of Hillel
and Shamai extended the Isur to Nochriyos (Avodah Zarah 36b).
(b) The Isur of Yichud prohibits a man, whether he is married or single, to
be alone in a secluded place with a woman who is not his wife. This applies
whether she is married or single, whether she is his relative (other than
those listed below, (d)) or not, whether she is Jewish or a Nochris, whether
she is young or old, whether she is in a state of Nidus (see above, entry
#2b) or is ritually pure. The prohibition of Yichud applies to the woman as
well with a man who is not her husband, whether she is married or single,
etc. Yichud per se is prohibited regardless of whether the man and woman are
confident that they will not transgress any sins or not, and whether or not
any sins actually did take place.
(c) For a man, the Isur of Yichud starts from the age of 13 with a girl from
the age of three. For a woman, the Isur of Yichud starts from the age of 12
with a boy from the age of nine. The time of seclusion must be at least for
the time that it takes to roast an egg and swallow it. (According to the
most stringent opinion, this takes 35 seconds.)
(d) It is permitted for a father to be in a secluded place with his daughter
(or granddaughter, great-granddaughter, etc.) and for a mother to be in a
secluded place with her son (or grandson, great-grandson, etc.). In all of
these cases, they are even permitted to live together on a continuing basis.
A brother and sister may also be in a secluded place together; however, they
may not live together on a continuing basis. When Yichud is permitted, it
makes no difference if one of the above-mentioned relatives is married.
(e) The various situations that prevent the Isur of Yichud from applying are
discussed in our Gemara, in the RAMBAM (Hilchos Isurei Bi'ah 22:1-21) and
the SHULCHAN ARUCH (EH 22:1-20).
17) [line 16] DA'ATAN KALOS ALEIHEN - they are easily persuaded
18a) [line 18] "KI YESISCHA ACHICHA VEN IMECHA..." - "If your brother, the
son of your mother, [or your son, or your daughter, or your wife, or your
friend, who is as dear to you as your own soul, entice you secretly, saying,
'Let us go and serve other gods,' which you have not known, you, nor your
fathers.]" (Devarim 13:7)
b) [line 18] KI YESISCHA (MESIS)
(a) A man or woman who leads a fellow Jew astray by trying to influence him
or her to commit idolatry, is put to death by stoning (Devarim 13:7-12). It
makes no difference if anyone actually committed idolatry or not.
(b) Certain Halachos of Mesis are more stringent than any other capital
offence of the Torah. A Mesis does not need a warning to be found guilty;
however, he must perform the Hasasah in front of two witnesses in order to
be put to death. Even if the witnesses stood in a concealed place, it is
possible for the Mesis to be guilty of Hasasah, whereas in all other capital
punishment cases this testimony would be invalid (RAMBAM Hilchos Avodah
19) [line 23] V'AYITZ LEI ETZOS RA'OS - who [normally] give him bad advice
20) [line 26] KOL SHELOSHIM YOM YOTZEI B'CHEIK
(a) The Torah (Vayikra 21:1-4) commands all Jews to handle the burial of
certain relatives. Those relatives are the person's mother, father, son,
daughter, brother, sister from his father (if she is an unmarried virgin),
and wife (if the wife is permitted to be married to him).
(b) If a newborn baby dies before it is thirty days old, it is not
considered to have been a viable life, and the laws of a normal burial do
not apply. It is taken out in one's arms (without a coffin) and buried in
21) [line 30] ANINUS - the Halachic status of a mourner immediately after a
close relative's death)
(a) A person is called an Onen mid'Oraisa on the day of death of one of his
seven closest relatives for whom he is required to arrange for burial (i.e.
father, mother, brother, sister, son, daughter and wife). Chazal (Zevachim
101a) learn the Halachah of Aninus from the verse, "v'Achalti Chatas ha'Yom,
ha'Yitav b'Einei HaSh-m?" (Vayikra 10:19). Among the Halachos that apply to
an Onen is that a Kohen Onen is prohibited from doing the Avodah (divine
service) in the Beis ha'Mikdash unless he is the Kohen Gadol (Vayikra 10:7,
21:1-4). Moreover, an Onen (even the Kohen Gadol) may not eat Kodshim,
Terumah and Ma'aser Sheni.
(b) Besides the prohibition against an Onen performing the Avodah, eating
Kodshim, etc. *mid'Oraisa*, the Rabanan extended the prohibitions even after
Aninus mid'Oraisa has passed. However, the Tana'im and Rishonim argue as to
the nature of this Gezeirah. They also argue as to whether Aninus mid'Oraisa
always applies for the entire day or for part of the day in certain cases.
With regard to these questions, Aninus may be broken into five time periods,
1. The day of death, before burial - according to all opinions Aninus
mid'Oraisa applies, as above.
22) [line 31] "MAH YIS'ONEN ADAM CHAI; GEVER AL CHATA'AV?" - "Why then does
a living man complain, a man, about the punishment of his sins?" (Eichah
3:39) - The word "Yis'onen," "complain," has the same root as the word
Aninus. The word "Gever," "a man," has the same root as the word l'Hisgaber,
to overcome [one's evil inclination]. Even in the state of Aninus, a person
has to be very careful not to let his Yetzer ha'Ra overpower him.
2. The day of death, after burial - according to Rashi (Pesachim 90b DH
ha'Onen, Zevachim 15b DH Onen) only Aninus mid'Rabanan applies. According to
the Ramban (Toras ha'Adam) Aninus mid'Oraisa still applies.
3. The night after the day of death (according to Rashi in #2, before
burial; according to Ramban in #2, even after burial) - the Tana'im argue if
the Aninus is mid'Oraisa or mid'Rabanan (Zevachim 99b). Most of the Rishonim
rule that the Aninus is not mid'Oraisa but rather mid'Rabanan.
4. The days after the day of death, even if the body has not been buried -
Aninus only applies mid'Rabanan (Zevachim 100b) until the end of the day of
burial. Also on the day of "Likut Atzamos" (when the remains of one of the
close relatives are exhumed and re-buried elsewhere), the Rabanan decreed
that the person is an Onen for that entire day.
5. The night after the day of burial - the Tana'im (Zevachim 100b) argue
whether the person is an Onen mid'Rabanan or not at all, and the Halachah
follows the opinion that he is not an Onen at all.
23) [line 34] B'MISRA'EM AL MIDOSAV - a person who complains about his lot
24) [line 37] D'HAVAH UVDA V'AFIKTEI - there was a case where they took him
(a live infant, pretending that he was dead) out [as if to bury him, but
actually used this as a pretext to sin outside of the town] (RASHI; see
TOSFOS DH Ki ha'Hi)
25) [line 42] KESHURA - a beam [that is so heavy that only ten men are able
to lift it]
26) [line 42] LO MICHSEFEI ME'HADADEI - they are not embarrassed [to steal
the beam] in front of one another
27) [line 43] MOSRIN LO SHNEI TALMIDEI CHACHAMIM (SOTAH)
(a) A Sotah is a woman who is suspected of committing adultery because she
was warned by her husband not to seclude herself with a certain man and she
violated the warning. The process of warning her in front of witnesses is
called Kinuy. The witnesses who see her seclude herself with the suspected
adulterer are called Eidei Stirah. The time of seclusion must be at least
for the time that it takes to roast an egg and swallow it. The woman is
forbidden to her husband and the alleged adulterer until she drinks Mei
Sotah (see (d), below).
(b) The husband must bring his wife to the Beis ha'Mikdash to perform the
ceremony of the Mei Sotah. On the way there, Beis Din appoints two Torah
scholars to accompany them to make sure that they do not engage in marital
relations, which are forbidden to them. Moreover, if the couple does have
marital relations at this point, the Mei Sotah will not work, since the
husband must be "Menukeh me'Avon," clear (lit. cleaned) of sin for the
ceremony to work. The Gemara (Sotah 47b) explains that this means that he
did not have relations with his wife from the time that she became
prohibited to him or with any other woman (ever) who was prohibited to him
(RASHI to Sotah ibid.)
(c) The couple brings a sacrifice consisting of 1/10 of an Eifah (approx. 2
quarts) of barley meal as a Minchah offering. In the Azarah of the Beis
ha'Mikdash, a Kohen reads Parshas Sotah, the portion of the Torah describing
the curses with which a Sotah is cursed, out loud (in any language that the
Sotah understands) and makes the Sotah swear that she has been faithful to
(d) An earthenware jug is then filled with half a Lug of water from the
Kiyor, and dirt from the floor of the Azarah is placed on top of the water.
Parshas Sotah (that contains numerous appearances of Hash-m's name) is
written on parchment and then immersed in the water, which causes the ink to
dissolve, erasing the Holy Names. The Sotah afterwards drinks from the
water. If she was unfaithful to her husband and allowed herself to become
defiled, the water would enter her body and poison her, causing her belly to
swell out and her thigh to rupture. If she was faithful to her husband, she
remained unharmed and would be blessed that she would become pregnant
(Bamidbar 5:11-31). In times when there is no Mei Sotah such as in the
present day, she must be divorced and does not receive her Kesuvah.