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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Kidushin 40

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) The Tana says that someone who is faced with an immoral act, and overcomes the temptation - merits a miracle (exactly as happened to Rebbi Chanina bar Papi).

(b) When the Roman aristocratic woman who accosted Rebbi Tzadok ...

1. ... offered him forbidden food to still his hunger, he told her - that someone who can commit an immoral act will also eat forbidden food.
2. ... asked him why he had climbed into the oven that she lit to heat up his food, he told her - that someone who commits an immoral act is destined to be thrown into an oven.
(c) The woman declared - that had she known that he considers adultery such a terrible sin, she would never have accosted him.

(d) When Rav Kahana, who sold women baskets for their spinning needs, was accosted in the same way - he asked the woman to wait a few minutes whilst he went to adorn himself appropriately, then he climbed on to the roof and fell off.

(a) When Eliyahu, who caught him as he was falling, complained of having to travel four hundred Parsah to save him - Rav Kahana countered that it was due to his poverty that he was forced into a profession that caused him to deal with women.

(b) Eliyahu responded - by giving him a box-full of Dinrim.

(c) In connection with the Mishnah in Pe'ah 'Eilu Devarim she'Adam Ochel Peirosehem ba'Olam ha'Zeh', Rava learns from ...

1. ... the Pasuk "Lema'an Ya'arichun Yamecha u'Lema'an Yitav Lach" - that for Kibud Av va'Eim, one receives the Peyros in this world (because the first phrase refers to Olam ha'Ba, and the second one, to this world).
2. ... the Pasuk "Rodef Tzedakah va'Chesed, Yimtza Chayim, Tzedakah ve'Chavod" - that for Gemilus Chasadim too, one receives the Peyros in this world (because there too, that is what "Chayim" means).
3. ... the 'Gezeirah-Shavah' "Rodef (Tzedakah va'Chesed)" "Rodef" (Bakes Shalom ve'Radfeihu") - the same applies to Hachnasas Orchim, just like it applies to Gemilus Chasadim.
(d) And from the Pasuk "Ki Hu Chayecha ve'Orech Yamecha" - he learns that one receives the Peyros of Talmud-Torah in this world.
(a) Rava asked Rav Nachman - about the Mitzvah of Shilu'ach ha'Ken, which one would one have expected to have found in the Mishnah of 'Eilu Devarim she'Adam Ochel ... ' (since the Torah writes there "Lema'an Yitav Lach ve'Ha'arachta Yamim", in this world and in Olam ha'Ba respectively).

(b) We refute the suggestion 'Tana ve'Shayer' - on the grounds that when the Tana says 'Eilu Devarim', the Mishnah must be comprehensive, and there cannot be any exceptions.

(c) The reason that the Tana omits Shilu'ach ha'Ken from the Mishnah is - because it is only with regard to Mitzvos she'Bein Adam la'Chaveiro (between man and man) that a person eats the Peyros in this world.

(a) Rav Idi extrapolated from the Pasuk "Imru Tzadik Ki Tov, Ki P'ri Ma'aleleihem Yocheilu" - that it is specifically a Tzadik Tov (who is good to people as to Hashem, who reaps the benefit of his good deeds in this world too), precluding Mitzvos such as Shilu'ach ha'Ken.

(b) And by the same token, when Yeshayah writes "Oy la'Rasha Ra", he is referring to - a Rasha who is evil in his behavior towards people just as he is towards Hashem (as opposed to one who is evil towards Hashem but not towards people).

(c) A Mitzvah receives payment of the principle and of the Peyros; an Aveirah - only if there are Peyros.

(d) The advantage of Mitzvos over Aveiros lies in the principle - that the measure of good far outweighs the measure of bad (Agados Maharsha).

(a) In the Pasuk "Az Nidberu Yir'ei Hashem ... u'le'Choshvei Sh'mo", Rav Asi learns from "u'le'Choshvei Sh'mo" the important principle - that one receives reward for the intention of performing a Mitzvah, even if he did not succeed in carrying it out.

(b) This principle does not extend to someone who intends to perform an Aveirah (unless the Aveirah bears fruit).

(c) We learn from the Pasuk ...

1. ... "Hineni Meivi el ha'Am ha'Zeh Ra'ah P'ri Machshevosam" that although one is not punished for bad thoughts alone - nevertheless, should the thought result in a sin, one will subsequently receive punishment for the thought as well as for the deed.
2. ... "Lema'an Tafos es Beis Yisrael be'Libam" - that someone who denounces Avodah-Zarah - it is as if had accepted the entire Torah.
(d) Ula establishes the Pasuk like Rav Huna - who says that once one transgresses a certain sin twice, he will consider the sin as if it did not exist. Consequently, it is assumed that, had he not been prevented from transgressing it, he would certainly have gone through with it, and he will be punished for the intention alone.
(a) According to Rebbi Avahu Amar Rebbi Chanina - it is better to sin in private, than to cause a Chilul Hashem in public (even if no actual sin is involved).

(b) According to Rebbi Ila'i ha'Zakein, a person who feels that his Yetzer ha'Ra is about to get the better of him - should go to a place where he is not known, wear black clothes and go ahead.

(c) He moves to a place where he is unknown so that should he succumb to his Yetzer ha'Ra, at least people will consider him a nonentity, thereby diminishing the Chilul Hashem.

(d) And he wears black clothes to try and stop himself from sinning, by humiliating himself (See also Tosfos).

(a) The Beraisa says that someone who does not have pity on the honor of his Creator would have been better off not to have been created. This might refer to someone who looks at a rainbow - or it might refer to someone who sins in secret (as if Hashem was not watching him).

(b) We reconcile the Tana of this Beraisa - who totally rejects the concept of sinning in secret, with Rebbi Ila'i ha'Zakein, who makes certain concessions to avoid Chilul Hashem - by establishing the Tana by a person who is in control of his Yetzer ha'Ra, but chooses to sin.

(c) There is absolutely no difference between Shogeg and Meizid when it comes to Chilul Hashem, as the Mishnah teaches in Pirkei Avos.

(d) Mar Zutra and Mar B'rei de'Ravana argue over the explanation of 'Ein Makifin be'Chilul Hashem'. When ...

1. ... the former explains 'Ein Osin ke'Chenvani' - he means that Hashem does not give credit to someone who desecrates His Name (like he does with other Aveiros), but punishes him immediately.
2. ... the latter says 'she'Im Haysah Shekulah, Machra'as' - he means that even if the perpetrator's scales (of Mitzvos and Aveiros) are evenly balanced, if one of those Aveiros constitutes Chilul Hashem, then it will tip the scale of Aveiros. 'Makifin', according to Mar B'rei de'Ravana, means 'scrutinize' (meaning that Hashem compares the Mitzvos with the Aveiros, and concludes that they are not in fact, comparable).



(a) The advice that the Tana of the Beraisa gives a person that, on the one hand, will cause him to go for Mitzvos, and on the other, to avoid Aveiros is - to always consider his scales to be evenly balanced, so that even one Mitzvah will turn him into a Tzadik, whereas even one Aveirah will label him a Rasha.

(b) Rebbi Elazar b'Rebbi Shimon places added responsibility on one's shoulders to achieve the same result - by adding that one should also consider the entire world to be evenly balanced. In this way, just one Mitzvah will tip the world's scales to the scale of merit, and one Aveirah, to the scale of destruction. The basis for this is the principle that the world is judged according to the majority (not of people, but of merits).

(c) Rebbi Shimon bar Yochai interprets the Pasuk ...

1. ... "Tzidkas ha'Tzadik Lo Satzilenu be'Yom Ra'ah" to mean - that if a Tzadik rebels at the end of his life, then he will lose all his good deeds.
2. ... "ve'Rish'as ha'Rasha Lo Yikashel bah be'Yom Shuvo me'Rish'o" - that if a Rasha does Teshuvah at the end of his life, then no mention will be made of all his sins.
(d) The Tzadik loses all his previous merits - only if he expresses remorse for having performed them. Otherwise, his scales will remain evenly balanced.
(a) The Tana learns from the Pasuk "ve'ha'Chut ha'Meshulash Lo bi'Meheirah Yinatek" - that someone who is engaged in the triumvirate, the study of Torah (T'nach) and Mishnah, and earning a living in an honest way, is not prone to sin.

(b) And he describes someone who does none of these - as being a useless member of society.

(a) Rebbi Elazar b'Rebbi Tzadok in a Beraisa says - that Hashem lets the Tzadikim suffer in this world, to allow them to inherit the World to Come unimpeded.

(b) And he illustrates this with - the parable of a tree that is standing in a Tahor location with only one branch hanging over Tamei ground, when all that is needed is to cut the branch (which signifies punishing the Tzadik for his few sins), and the tree remains entirely in a Tahor place (Gan Eden).

(c) Hashem's treatment of the Resha'im he llustrates - with the parable of a tree that is standing in a Tamei location, with only one branch hanging over Tamei ground, when all that is needed is to cut the branch (which signifies rewarding the Rasha for his few sins), and the tree remains entirely in a Tamei place (Gehinom).

(a) They once asked Rebbi Tarfon and the Zekeinim as they were sitting in the attic in Beis Nitzeh in Lud - which is greater, Torah-study or good deeds.

(b) Rebbi Tarfon gave preference to good deeds - Rebbi Akiva to Torah-study.

(c) All the other Chachamim present ruled like Rebbi Akiva, on the grounds - that Torah-study ('Lilmod al-M'nas La'asos') leads to good deeds, in which case, someone who learns ends up with both (see also Tosfos Ri ha'Zaken).

(a) According to Rebbi Yossi, learning Torah is greater, because it preceded the various Mitzvos that took effect after they entered Eretz Yisrael. Matan Torah preceded ...
1. ... Chalah - by forty years.
2. ... Terumos and Ma'asros - by fifty-four years.
3. ... Sh'mitah - by sixty-one years.
4. ... Yovel - by a hundred and three years.
(b) Rebbi Yossi says that the Torah preceded Yovel by a hundred and three years and not a hundred and four (bearing in mind that Yovel took place in the forty-third year after the first Sh'mitah, and not the forty-second) - because, in his opinion, the Yovel takes effect already from the beginning of the year (see Rashash).

(c) We just concluded that Torah-study precedes the performance of Mitzvos. It also precedes them in other regards too. For example, based on the dictum 'Ein Mayim Ela Torah', Rebbi Chanina learns from the Pasuk in Mishlei "Poter Mayim, Reishis Madon" - that when one is judged by the Heavenly Court after one's death, the first punishment he will receive will be for not studying Torah (see Tosfos DH 'Ein').

(d) And, based on the Pasuk "Vayiten Lahem Artzos Goyim ... Ba'avur Yishmeru Chukav" - it is also Torah study which will be the first to be rewarded.

(a) We learned that someone who does not engage in the study of Torah (T'nach) and Mishnah, or in earning a living in an honest way, is a useless member of society. Rebbi Yochanan - also disqualifies him from testifying.

(b) According to the Tana Kama of the Beraisa, someone who eats in the main street is comparable to a dog. Yesh Omrim - also disqualifies him from testifying.

(c) The common reason of Rebbi Yochanan and Yesh Omrim is - that such a person has no self-respect, and cannot be trusted.

(d) According to bar Kapara, an angry person gains nothing but the after effects of his anger. He says about ...

1. ... a person with good Midos (Agados Maharsha) - that *he* will benefit from the fruit of his deeds.
2. ... someone who does not engage in the study of Torah (T'nach) and Mishnah, or in earning a living in an honest way (based on the Pasuk in Tehilim "u've'Moshav Leitzim Lo Yashav" - it is best to forbid oneself by means of a Neder from deriving any benefit from him.
***** Hadran Alach ha'Ish Mekadesh *****

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