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Kidushin 4

KIDUSHIN 2-5 - 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.

1) [line 4] HAFARAS NEDARIM - annulling vows
See Background to Kidushin 3:17

2) [line 8] YEMEI BAGRUS / YEMEI NA'ARUS
A girl is a Ketanah (minor) until she has two pubic hairs after she enters her twelfth year. During the following six months she is a Na'arah (maidenhood). When six months elapse she becomes a Bogeres (adult).

3) [line 12] "V'ZERA EIN LAH" - "[But if the Kohen's daughter is a widow, or divorced,] and has no child, [and has returned to her father's house, as in her youth, she shall eat of her father's bread (i.e. Terumah); but no stranger eat of it."] (Vayikra 22:13) - The daughter of a Kohen eats Terumah before she marries a non-Kohen and after she becomes a widow or a divorcee and has no children from him.

4) [line 14] ZERA PASUL - (lit. profaned descendents) that is, she may not eat Terumah even if she has a living *grandchild* (or great-grandchild, etc.) whose lineage is sullied, e.g. a Mamzer (Zera Pasul cannot refer to her own children, since in that instance she has had relations with a man who is prohibited to her, and as such she immediately loses the right to eat Terumah -- TOSFOS DH Zera)

5) [line 19] "ME'EN BIL'AM" - "[And the princes of Moav rose up, and they went to Balak, and said,] 'Bil'am refuses [to come with us.']" (Bamidbar 22:14)

6) [line 19] "ME'EN YEVAMI" - "[And if the man does not wish to take his brother's wife, then his brother's wife shall go up to the Beis Din (lit. the gate) to the elders, and say,] 'My husband's brother refuses [to raise for his brother a name in Yisrael; he will not perform the Mitzvah of Yibum with me.']" (Devarim 25:7)

7a) [line 31] TOSHAV - lit. a temporary resident. Regarding Terumah this refers to an Eved Ivri Nirtza (a Jewish slave whose ear has been pierced) who works for his master until the Yovel year.
b) [line 32] SACHIR - lit. a hired laborer. Regarding Terumah this refers to an Eved Ivri (Jewish slave) who has been sold (or who sells himself) into slavery for six years

8a) [line 32] KANUY KINYAN OLAM (NIRTZA)
An Eved Ivri (a Jewish slave) is obligated to work for his master for only six years. If at the termination of six years he wants to continue working for him, the master makes the slave stand near a doorpost and pierces his ear and the door with an awl. The slave then continues to serve his master until the Yovel year (Shemos 21:6).

b) [line 33] KANUY KINYAN SHANIM (EVED IVRI)
There are two ways that a Jew can be bought as a slave. Either he may sell himself because he is destitute, or he may be sold by Beis Din to pay back a theft. In either case he is obligated to work for his master for only six years (Shemos 21:6) or until the Yovel year, whichever comes first (Shemos 21:2-4).

9) [line 42] MILSA D'ASYA B'KAL V'CHOMER TARACH V'CHASAV LAH KERA - the Torah troubles itself to write out explicitly that which can be learned from a Kal va'Chomer (KAL VA'CHOMER)
(a) In the Introduction to the Sifra (the Halachic Midrash to Vayikra), Rebbi Yishmael lists thirteen methods that Chazal use for extracting the Halachah from the verses of the Torah. One of them is called a Kal va'Chomer (an argument a fortiori, also known as "Din" in the language of the Gemara), by which a Halachic inference is made from a Halachah of lesser consequence to a Halachah of greater consequence, or vice versa.
(b) Unlike a Gezeirah Shavah (see Background to Gitin 41:13), the Kal va'Chomer inference need not be received as a tradition from one's teacher, since it is based upon logic. And unlike a Hekesh (see Background to Gitin 41:12), it can be refuted based on logical grounds.

10) [line 45] BEGER D'AILONIS - the age at which an Ailonis becomes an adult, i.e. 20 years old (Yevamos 80b, Nidah 47b). An Ailonis is 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)

11) [line 48] SIMANIN
(a) Simanim are the physical signs of maturity that confer the status of adulthood to a Jewish boy or girl with regard to their obligation in Mitzvos.
(b) From the time a child grows two pubic hairs, he is no longer considered to be a minor, and he is obligated in Mitzvos like a full-grown adult. The pubic hairs must fit certain criteria of length and location, and the child must also have reached a certain minimum age. The minimum age for a boy is 12 years, and for a girl is 11 years. If the hairs grew before the age of 12 for a boy and 11 for a girl, they are assumed to be the result of a mole and not pubic hair (Nidah 46a). If they grow between the ages of 12 and 13 for a boy, and between the ages of 11 and 12 for a girl, the Amora'im argue as to whether they confer the status of adulthood or not ("Toch Zeman k'Lifnei ha'Zeman" and "Toch Zeman k'Le'achar ha'Zeman" -- ibid. 45b).

12) [line 48] MOTZI'IN ME'RESHUS ADON - cause the Amah ha'Ivriyah to leave the possession of her master (see Background to Kidushin 3:16)

13) [line 50] SD"A [SLAKA DA'ATACH AMEINA] D'ASYA SIMANEI NA'ARUS, HEVEI ZEVINA - it might have occurred to you to say that only the sale of a girl who eventually shows physical signs of maturity (at approximately the age of twelve) is a proper sale

4b---------------------------------------4b

14) [line 3] HANEI MILEI HEICHA D'LEIKA LISHNUYEI - where there is no alternative answer

15) [line 16] ME'IKARA D'DINA PIRCHA - it is refutable from the beginning [of the Kal va'Chomer]

16) [last line] ZEKUKAH V'OMEDES (YIBUM)
(a) If a married man dies childless, his widow must undergo Yibum (the marriage of a dead man's brother with his wife), as it states in Devarim 25:5-10. Chazal learn from the verses that there is a preference for the oldest brother to perform Yibum.
(b) If the brother chooses not to marry her, he must perform Chalitzah (a procedure in Beis Din that absolves her of the Mitzvah of Yibum -ibid.). He appears before a Beis Din of three and states, "I do not want to marry her," after which his sister-in-law approaches him before the elders, takes off his right sandal and spits in front of him. She then declares, "This is what shall be done to the man who will not build up a family for his brother," and she is then free to marry whomever she wants.
(c) The *connection* of the brother to the dead man's wife, which obligates one of the two, is called Zikah. It is comparable to the state of Eirusin (betrothal) before a marriage, but unlike Eirusin, it is automatic. As a result, she becomes the wife of the Yavam (with all the laws of a Nesu'ah -- see Background to Kidushin 2:1:II:c) through Bi'ah alone since she is Zekukah v'Omedes (in a fixed state of Zikah). The Tana of the Mishnah from Yevamos rules that the Zikah "connects" the Yevamah with all of the brothers, not only the oldest. While the Yevamah is waiting for Yibum or Chalitzah, she is called a Shomeres Yavam.

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