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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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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) Abaye ascribes Isi ben Yehudah's Din (exempting women from 'bal Korchah' too) to the 'Gezeirah-Shavah' - "Korchah" "Korchah" (from Kohanos).

(b) Like before (re. 'bal Tashchis Zakan'), we suggest that perhaps the Torah only exempts women from 'bal Tetamei le'Meisim' ('Hifsik ha'Inyan'), and that the 'Gezeirah-Shavah' comes for something else. In the Pasuk "Lo Yikrechu Korchah be'Rosham"(written by Kohanim), we learn from ...

1. ... "Korchah" (written in the singular) - that one is Chayav for each and every bald patch that one makes for a dead person.
2. ... "be'Rosham" - that, even though the Torah writes "Bein Einechem" (by Yisre'eilim), one is Chayav for making a bald patch anywhere on the head.
(c) We then learn from "Korchah" "Korchah" ...
1. ... Yisre'eilim from Kohanim - that they too, are Chayav for a bald patch anywhere on the head.
2. ... Kohanim from Yisre'eilim (where the Torah writes "la'Meis") - that one is only Chayav for a bald patch that one makes for a dead person.
(d) We ultimately extend the exemption of Kohanos to all the issues in the Parshah - from the extra 'Hey' in "Korchah", when the Torah could have written "Korach".
(a) Rava ascribes Isi ben Yehudah's Din to the 'Gezeirah-Shavah' "Bein Einechem" "Bein Einechem" - from Tefilin.

(b) The reason that ...

1. ... Rava declines to learn like Abaye is - because he disagrees with the D'rashah "Korach" "Korchah".
2. ... Abaye declines to learn like Rava is - because, in his opinion, it is the placing of Tefilin on a location of hair that we learn from "Korchah", and not vice-versa.
(c) According to Rebbi Yehudah in the Beraisa, Abaye and Rava learn from "Banim Atem la'Hashem Elokeichem" - that it is only when Yisrael behave as children of Hashem that they are called "Banim", but otherwise, not.

(d) Rebbi Meir learns from the Pasuk "Banim Sichlim Heimah", that even when they behave foolishly, they are still called "Banim", and from the Pasuk ...

1. ... "Banim Lo Eimun Bam" - that they retain this title even when they are devoid of Emunah (in which case they are Resha'im).
2. ... "Zera Mere'im, Banim Mashchisim" - that this will not change even when they serve idols.
3. ... "ve'Hayah bi'Mekom Asher Ye'amer Lahem Lo Ami Atem, Ye'amer Lahem "B'nei Keil Chai" - that they are even called "Banim" (and not "Banim Mashchisim" [because "Mashchisim" in the previous Pasuk is a description, not a title]).
(a) What Semichos, Tenufos, Hagashos and Kemitzos, Haktaros, Melikos, Kabalos and Haza'os have in common is - that they all may not or do not need to be, performed by women.

(b) When the Tana speaks about 'Hagashos', he is referring to taking the Minchah to the south-western corner of the Mizbe'ach.

(c) When the Tana speaks about ...

1. ... Semichos and Tenufos , he is referring to Yisre'eiliyos, who are not obligated to make Shemichah and Tenufah on their Korbanos.
2. ... Hagashos and Kemitzos, Haktaros, Melikos, Kabalos and Haza'os - he is referring to Kohanos, who are forbidden to perform these Avodos (See Tosfos DH 'ha'Semichos').
(d) We must qualify 'Tenufos' - by citing the Korban of a Sotah and a Nezirah, who *are* obligated to wave their respective Korbanos.
(a) The Torah precludes women from most of the above 'Avodos' - by using theexpression "B'nei Aharon".

(b) One of the exceptions is Melikah - which we learn from "u'Malak ve'Hiktir" (comparing Melikah to Haktarah in this regard).

(c) We learn from "ve'Hikrivu B'nei Aharon es ha'Dam" - that Kohanis are forbidden to receive the blood (after the Shechitah), because Mar equated "ve'Hikrivu" with the Kabalas ha'Dam.




(a) 'Haza'os' cannot refer to ...
1. ... the Haza'ah of the Parah Adumah - because the Torah writes there "Elazar" (the deputy Kohen Gadol, disqualifying even regular Kohanim from performing the Haza'ah, let alone Kohanos).
2. ... the Haza'ah of the Korbanos that were brought inside the Kodesh (incorporating the bull of the Kohen Gadol who sinned and the Par He'elam Davar shel Tzibur) - because the Torah writes there "ha'Kohen ha'Mashi'ach" (the Kohen Gadol - again disqualifying even regular Kohanim from performing the Haza'ah).
(b) The blood of these two Korbanos was sprinkled - towards the Paroches and on the Mizbe'ach ha'Zahav.

(c) 'Haza'os' actually refers to the blood of a bird-offering.

(d) We learn that women are precluded - from a 'Kal va'Chomer' from an animal Korban, which does not require a Kohen to Shecht it, yet it does require a male Kohen to sprinkle it; a bird, which does require a Kohen for the Melikah, certainly requires a male Kohen to sprinkle it.

(a) Rebbi Yashiyah was surprised when Rebbi Elazar asked him the source of Tenufah by a Minchas Sotah - because the Pasuk expressly writes "ve'Heinif es ha'Minchah".

(b) When we refer to Rebbi Yashiyah de'Darei', we mean - the Amora, to make it clear that we are not referring to the Tana (the Chaver of Rebbi Yonasan), who was still alive at the time.

(c) Rebbi Yashiyah learned from the 'Gezeirah-Shavah' "Yad" ("ve'Lakach ha'Kohen mi'Yad ha'Ishah") "Yad" ("Yadav Tevi'enu") with regard to ...

1. ... Shelamim from Sotah - that the Kohen must wave the Korban together with the woman.
2. ... Sotah from Shelamim - that the woman must wave it together with the Kohen.
(d) And from the 'Gezeirah-Shavah' "Kaf" (ve'Nasan al Kapehah" [by Sotah]) "Kaf" (ve'Nasan al Kapei ha'Nazir") - he learns that the same applies to a Nezirah.
(a) The Tana of the Mishnah says that a Mitzvah that is ...
1. ... 'Teluyah ba'Aretz' - may only be performed in Eretz Yizrael.
2. ... 'Einah Teluyah ba'Aretz' - may be performed in Chutz la'Aretz too.
(b) According to the Tana Kama, the two exceptions are 'Orlah and Kil'ayim' - Rebbi Eliezer adds Chadash (though what he means has yet to be clarified).
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