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Rosh Kollel: Rabbi Mordecai Kornfeld

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Kidushin 36

KIDUSHIN 36-40 - sponsored by a generous grant from an anonymous donor. Kollel Iyun Hadaf is indebted to him for his encouragement and support and prays that Hashem will repay him in kind.


(a) (Beraisa - Isi): Women are exempt from tearing out their hair (in grief over a Mes).
1. Isi expounds "You are sons to Hash-m...do not scratch yourselves or make a bald spot on account of a Mes, for you are a holy nation" - sons are commanded, not daughters.
(b) Question: Perhaps women are excluded from scratching, but they are commanded about a bald spot!
(c) Answer: "You are a holy nation to Hash-m" - this includes women (that they are forbidden to scratch themselves).
(d) Question: Perhaps "nation" forbids women to make a bald spot, and "Banim" permits women to scratch themselves!
(e) Answer #1: It is more reasonable to say that women are commanded regarding scratching, for this applies in all places, whether or not hair grows there;
1. Making a bald spot only applies where hair grows.
2. Suggestion: Perhaps we expound "Sons" - not daughters - to apply both to scratching and to tearing out hair!
i. "You are a holy nation to Hash-m" - would include women that they may not scratch themselves with an instrument.
3. Rejection: Isi holds that there is no distinction between scratching by hand or with a tool.
(f) Answer #2 (Abaye): Isi learns a Gezeirah Shavah "Karachah-Karachah" from the prohibition for Kohanim to tear hair.
1. Just as that does not apply to women (it says, "the sons of Aharon"), also the prohibition of Yisraelim to tear hair.
2. Question: If "the sons of Aharon" also applies to tearing hair (to exclude female Kohanim), there is no need for the Gezeirah Shavah!
i. The Torah gave extra Mitzvos to Kohanim, yet female Kohanim are not forbidden to tear hair - all the more so, the prohibition for Yisraelim to tear hair does not apply to women!
3. Answer: We would have said that "the sons of Aharon" does not apply to tearing hair, for there is an interruption - we only know that this is not so because of the Gezeirah Shavah. (If female Kohanim were forbidden to tear hair, the Gezeirah Shavah would not teach anything!)
4. Question: The Gezeirah Shavah could teach as the following Beraisa! ("The sons of Aharon" would not apply to tearing hair.)
i. (Beraisa): "They will not uproot hair" - one might think, one who tears 4 or 5 bald spots at the same time is only liable for 1 - "a bald spot" is extra to teach that he is liable for every 1.
ii. Question: What do we learn from "in their heads"?
iii. Answer: That the prohibition applies to the whole head, not only "between the eyes".
iv. Question: These 2 stringencies were taught by Kohanim (to whom the Torah gave extra Mitzvos) - how do we know that they applies to Yisraelim also?
v. Answer: A Gezeirah Shavah "Karachah-Karachah" teaches that Yisrael are also liable for each tearing, and on the entire head;
vi. Also - just as the prohibition by Yisrael only applies to tearing on account of a Mes, also by Kohanim.
5. Answer: If the Torah only wanted to teach the Gezeirah Shavah, it should have written "Karach"; by writing "Karachah", we also learn that it applies to women.
(g) Answer #3 (Rava): Isi learns a Gezeirah Shavah "Bein Eineichem" from Tefilin.
1. Just as women are exempt from Tefilin, also from tearing hear.
(h) Question: Why didn't Rava learn as Abaye?
(i) Answer: He does not feel that the difference between "Karach" and "Karachah" warrants expounding.
(j) Question: Why didn't Abaye learn as Rava?
(k) Answer: He holds that we learn the place to wear Tefilin from the prohibition of tearing hair, in a place where hair grows.
(a) Question: What do Abaye and Rava learn from "You are children (to Hash-m)"?
(b) Answer (Beraisa - R. Yehudah): "You are children to Hash-m" - you are called children only when you act as children;
1. R. Meir says, in either case you are called children - "They are foolish children", "Children, they are not trustworthy", "Evil seed, children that act corruptly", "Instead of saying you are not my nation, they will say, children of the living G-d".
2. Question: Why isn't the first verse enough?
3. Answer: One might have thought, they are called children when foolish, but not when they cannot be trusted - therefore, the second verse is needed;
4. One might have thought, they are called children when they cannot be trusted, but not when they serve idolatry - therefore, the third verse is needed;
5. One might have thought, such children are called children, but they are not called proper children (after they repent) - therefore, the last verse is needed.
(a) (Mishnah): Only men may do the following: Semichah (pressing on the animal's neck), waving, Hagashah (bringing close to the Altar), Kemitzah (talking a handful of a flour offering), burning on the Altar, Melikah (cutting the neck of a bird offering, using the fingernail), receiving (blood of slaughter in a vessel), and sprinkling;
1. The only exceptions are a Sotah and a Nezirah, who wave their offerings.
(b) (Gemara): We learn Semichah from "Speak to Benei Yisrael (not Benos Yisrael)...he will press".
(c) We learn waving from "Speak to Benei Yisrael...he will wave."
(d) We learn Hagashah from "Benei Aharon will bring close".
(e) We learn Kemitzah from "He will bring it to Benei Aharon, and he will take a handful".
(f) We learn burning from "Benei Aharon will burn it".
(g) The Torah equates Melikah to burning.
(h) We learn receiving from "Benei Aharon will offer";

1. In this verse, "Will offer" means receiving the blood.
(i) (Mishnah): (Only men may) sprinkle.
(j) Question: What sprinkling is referred to?
1. Suggestion: If of the red heifer - it says "Elazar (the Kohen that stands to substitute for the Kohen Gadol if necessary)"!
2. Suggestion: If the sprinklings in the Kodshei ha'Kodoshim - it says, "the anointed Kohen"!
(k) Answer: Rather, the sprinklings of a bird's blood - we learn this from a Kal va'Chomer.
1. Even a Zar (non-Kohen) may slaughter an animal offering, but a Kohen must sprinkle its blood - by birds, only a Kohen may do Melikah, all the more so a Kohen must sprinkle the blood!
(l) (Mishnah): The only exceptions are a Sotah and a Nezirah (who wave their offerings).
(m) Question (R. Elazar): From where do we know that the offering of a Sotah must be waved?
1. Question: A verse specifically says so!
2. Answer: He means, 'From where do we know that the one who brings it must wave it?'
(n) Answer: He learns a Gezeirah Shavah "Yad-Yad" from Shelamim.
1. "The Kohen will take from (the Sotah)"; "His hands will wave (the Shelamim)" - just as the Kohen must wave the offering of a Sotah, also by a Shelamim;
2. Just as one who brings a Shelamim must wave it, also by a Sotah.
3. Question: How do we fulfill both!
4. Answer: The Kohen puts his hands under the owner's hands and they wave together.
(o) We learn Nezirah from Sotah through a Gezeirah Shavah "Kaf-Kaf".
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