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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.
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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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