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Kesuvos 100
1) [line 13] IKA D'TOREM B'AYIN RA'AH - there are those who are stingy when
giving Terumah, separating only 1/60th of their produce
2) [line 13] IKA D'TOREM B'AYIN YAFAH - there are those who are generous when
giving Terumah, separating 1/40th of their produce
3) [line 14] L'HACHI AMADTICH - I estimated that you would give this amount
4) [line 19] APOTROPOS - (O.F. seneschal) steward, manager of the household
(RASHI to Sukah 27a)
5) [line 21] BA'RUCHOS - the different sides of the fields (east, west, etc.)
6) [line 22] PARTA BENO SHEL REBBI ELAZAR BEN PARTA BEN BENO SHEL REBBI PARTA
HA'GADOL - Parta, the son of Rebbi Elazar, who was the son of the Great Rebbi
Parta, i.e. the Parta of our Gemara was the grandson of the Great Rebbi Parta
(TOSFOS DH Parta)
7) [line 27] TA'AH BI'DEVAR MISHNAH
(a) The mistaken rulings of a judge fall into two categories (Sanhedrin 33a).
Ta'ah bi'Devar Mishnah means that the judge forgot an explicit Halachah. In
such a situation, the judge reverses his mistaken ruling and permits what he
originally prohibited, etc.
(b) The second type of mistake is termed a Ta'us b'Shikul ha'Da'as, and it
involves a Halachah that is not explicit, but rather implicit. An example of
this is when two Tana'im or Amora'im argue on a certain point, and the Gemara
does not specify the Halachic ruling, however, the Halachah can be inferred
from a Sugya elsewhere (e.g. the Gemara elsewhere follows one of the two
opinions without mentioning the other one). A judge who rules like the
unmentioned opinion is termed a To'eh b'Shikul ha'Da'as. He does not reverse
the mistaken ruling in such a case, since it does have some basis.
100b---------------------------------------100b
8) [line 1] A'DA'ATA L'MEIFAK LEI KALA HU D'ZAVIN - he bought it assuming
that a public announcement was made that the property was being sold (and he
therefore assumes that no one objects to the sale and he buys the property
without Achrayus -- see Background to Kesuvos 91:14)
9) [line 9] SHUM HA'YESOMIN - an appraisal and sale of land made by Beis Din
to pay a debt of orphans (see Background to Kesuvos 98:1)
10) [line 26] KERAGA - head-tax
11) [line 30] BEKI'EI B'SHUMA - they are experts in appraising
12) [line 32] BENEI ACHLEI NICHSEI D'ACHRAZTA - people who consume the
properties sold by Beis Din with Hachrazah (which are the properties of the
needy that are sold cheaply)
13) [line 36] LI'SHEVAKIM - on market days
14) [line 37] SHICHRA - beer
15) [line 38] SHIHAYEI AD RIGLA - he kept it in his possession (i.e. he
refrained from selling it) until the festival
16) [line 38] ITZATZTA - (O.F. aigror) sharpness indicating that it is about
to turn to vinegar
17) [line 38] ZUZA CHARIFA - (a) a quick coin, i.e. cash (RASHI); (b)
superior coins; negotiable currency (ARUCH)
18) [line 40] SICHRA - a place in Bavel near Mechoza, a large Jewish trading
town on the Tigris River
19) [line 41] HA'MEMA'ENES (MI'UN)
(a) The Torah gives a father the right to marry off his daughter at any age
before she is twelve years old.
(b) If she was divorced or widowed or her father died without marrying her
off, the Chachamim gave the girl's mother and/or oldest brother the right to
marry her off. In these cases the marriage is only mid'Rabanan and she must
be at least ten years old, or at least six years old if she has an
understanding of the concept of marriage.
(c) According to the RAMBAM and the RA'AVAD, in the above circumstances, the
Chachamim also gave *her* the right to get married by herself. This marriage
is also mid'Rabanan. According to the Rambam, she must be at least ten years
old, or at least six years old if she has an understanding of the concept of
marriage. According to the Ra'avad, however, her Kidushin is valid even if
she has enough sense to guard the object given to her for her Kidushin (and
she realizes that it was given to her for Kidushin).
(d) In the instances of marriage mid'Rabanan, before she reaches Halachic
puberty and becomes a Na'arah (through the growth of two pubic hairs), she
has the option of annulling the marriage through a procedure known as Mi'un
(refusal). She says before two witnesses, "I do not want him," and the
marriage is annulled retroactively. There is no need for her to receive a Get
(a bill of divorce). A girl who is married off by her father cannot annul the
marriage through Mi'un. (RAMBAM Hilchos Ishus 4:7-8)
20) [line 41] HA'SHENIYAH (SHENIYOS)
(a) In addition to the forbidden relationships (Isurei Ervah) prohibited by
the Torah and punishable with Kares (Vayikra 18:6-30, 20:10-22, et. al.), the
Chachamim decreed to prohibit certain relatives who are permitted mid'Oraisa.
This decree of Sheniyos (lit. "secondaries") was meant to distance a person
from engaging in relationships that are prohibited by the Torah. Although the
Chachamim lent severity to this Isur by showing hidden inferences to Sheniyos
from various verses in the Torah (Yevamos 21a), nevertheless the prohibition
of Sheniyos is only mid'Rabanan. Therefore, if a man betroths a Sheniyah, his
Kidushin is valid, and the resulting child is not a Mamzer as the child of an
Ervah mid'Oraisa would be. If a Yevamah is a Sheniyah of the Yavam, she and
her Tzarah (co-wife) must do Chalitzah and not Yibum.
(b) In some cases Sheniyos were prohibited only in a single generation, while
in other cases they were prohibited in subsequent generations as well. For
example, not only is one's mother's mother a Sheniyah, his mother's mother's
mother is a Sheniyah as well; not only is one's son's daughter-in-law a
Sheniyah, his son's son's daughter-in-law is a Sheniyah as well. The general
rule is that if there is an Ervah mid'Oraisa in one generation (in the above
example, one's mother or daughter-in-law) the associated Sheniyah was
prohibited in all previous generations and subsequent generations as well;
that is, the Sheniyah was prohibited "without a Hefsek" (RASHI to Yevamos 21a
DH v'Eshes Achi ha'Av -- There are several exceptions to this rule; see Chart
#6 to Yevamos 21a-22a and footnotes 2, 3.)
(c) There are those who prohibited Sheniyos based on the principle that "any
relative who, as a female, is Asur as an Ervah, as a male his wife is Asur
mid'Rabanan (i.e. a Sheniyah)." For example, since a man's daughter's
daughter is prohibited to him, the Chachamim decreed that the daughter-in-law
of his daughter is prohibited to him as a Sheniyah (GEMARA Yevamos 21b; see
TOSFOS ibid. DH Lo Asru)
21) [line 41] AILONIS - a woman who is incapable of conception. This word is
derived from the word "Ayil," a ram, which is a male sheep and does not have
a womb (Kesuvos 11a)
22) [line 42] V'LO PEIROS - (a) these women do not receive "Din Peiros," i.e.
the benefit that a wife gets from her husband in exchange for providing him
with the fruits (Peiros) of her Nichsei Milug (see Background to Kesuvos
80:14), which is that he must redeem her if she is captured (RASHI, 1st
explanation); (b) these women are not *repaid* for the Peiros of Nichsei
Milug that the husband ate during the time that they were married (RASHI 2nd
explanation)
23) [line 42] BELA'OS
(a) A woman brings into her marriage two types of possessions, as follows:
1. Possessions that the wife owned before marriage, the values of which were
estimated and written in the Kesuvah, to be returned to her in full upon
divorce or the husband's death. These are called Nichsei Tzon Barzel ("Iron
Flock Properties") because their value does not change between the time of
marriage and the time of divorce or the husband's death.
2. Possessions that were not estimated and their values were not specified in
the Kesuvah. Upon divorce or the husband's death, the property is returned as
is, regardless of its appreciation or depreciation (or deterioration) over
the years. These are referred to as Nichsei Milug ("Properties that are
Plucked"), because for the duration of the marriage the husband may take
("pluck") the produce (Peiros) of these possessions (e.g. reaping the fruit
of a field, or plowing with an ox). However, he may not "use up" the property
itself (e.g. by digging trenches in the field or slaughtering the ox).
(b) The Rishonim disagree as to what the term Bela'os in our Mishnah refers
to: (a) RASHI (here and Yevamos 84a, 87b, Gitin 79b, Bava Metzia 67a, Nidah
12b) explains that it refers to the remnants of the *Nichsei Tzon Barzel*
that the husband *did not* entirely deplete yet, such as articles of clothing
that became partially worn out; (b) TOSFOS (here and in Yevamos 85a DH
Bela'os and Gitin and Bava Metzia ibid.) explains that it refers to the
wife's property that the husband *already depleted*; however the part that
remains he must indeed return to his wife even if she is a Sheniyah etc..
Tosfos points out that the Gemara (Daf 101a) explains that with regard to a
Mema'enes and Ailonis, "Bela'os" is referring to what the husband depleted
either unjustly from his wife's Nichsei mi'Lug or justly from his wife's
Nichsei Tzon Barzel, while with regard to Sheniyah it only refers to what the
husband unjustly depleted from his wife's Nichsei mi'Lug (and not to what he
justly depleted from his wife's Tzon Barzel -- see especially Tosfos Bava
Metzia ibid. and RAN here).
24) [line 44] NESINAH
(a) In the times of Yehoshua, the Giv'onim (one of the seven nations whom the
Jewish People were commanded to destroy upon entering Eretz Yisrael) came and
presented themselves before Yehoshua as if they came from a far-off land.
Since they claimed not to be residents of Eretz Yisrael, they requested to be
converted and to make peace with the Jewish People. After Yehoshua agreed to
accept them, it was discovered that they were one of the seven prohibited
nations. Having already accepted them, Yehoshua did not want to break his
oath and covenant with them (even though they tricked him and the oath was
uttered in error) so as not to cause a Chilul HaSh-m. Yehoshua accepted them
and appointed them to be woodchoppers and water drawers to supply the needs
for the sacrificial service on the Mizbe'ach (Yehoshua 9:3-27). In the times
of Moshe Rabeinu Giv'onim also came to be converted as they did in the times of Yehoshua, and Moshe also made them woodchoppers and
water drawers (Yevamos 79a, based on Devarim 29:10). These people became
known as "Nesinim," (from the root "Nasan," to give) since they were "given
over" by Moshe and Yehoshua ["va'Yitenem..." - "And he appointed them..."
(Yehoshua 9:27)] to perform the tasks of chopping wood and drawing water.
(b) The Nesinim are not permitted to marry someone who was born Jewish, just
like Mamzerim. RASHI and TOSFOS (Kesuvos 29a and elsewhere) argue as to
whether they are prohibited mid'Oraisa or mid'Rabanan. We find that the
Gemara (Yevamos 79a) states that Moshe Rabeinu "decreed" regarding the
Nesinim of his generation, and Yehoshua extended the "decree" to last as long
as the Mishkan or Beis ha'Mikdash would stand. David ha'Melech later extended
the "decree" to include all time, even if the Beis ha'Mikdash would be
destroyed (because of the trait of cruelty that the Nesinim exhibited, which
showed that they were not worthy of uniting with the descendants of Avraham,
Yitzchak and Yakov). According to Rashi, these decrees were prohibitions
against marriage, and as such the prohibition against marrying Nesinim is an
Isur mid'Rabanan. According to Tosfos, these decrees were appointments of
servitude. The prohibition against marrying them, though, is mid'Oraisa,
since the Torah commands against marrying the seven prohibited nations even
if they convert to Judaism (Yevamos 76a).
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