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Kidushin 5
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 3] PODIN BO HEKDESH U'MA'ASER SHENI
(a) PIDYON KODSHIM (redeeming a consecrated object) - If a person
consecrates (is "Makdish") an object to the Beis ha'Mikdash and that object
is of no benefit to the Mikdash "as is," the object may be sold by the
appointees of Hekdesh (Gizbarim), who determine its selling price based on
the estimate of a group of experts. When a person buys the object from
Hekdesh, the object loses its Kedushah and its value becomes Kodesh in its
stead. This is called "Pidyon Hekdesh," redeeming from Hekdesh
(b) If the object that is being redeemed from Hekdesh is anything other than
land, three experts must be present to determine its value. If the object is
land, ten experts, one of the them a Kohen, must be present. The same
applies if a person donates his own value to Hekdesh; ten experts, one of
them a Kohen, must determine the amount that will pay Hekdesh. (Erchin 19b
and Rashi; Rambam Hil. Arachim 8:2)
(c) PIDYON MA'ASER SHENI (redeeming the "Second Tithe" produce) - A second
tithe is given every year after Ma'aser Rishon (see Background to Kidushin
3:2) has been separated. The tithe that is separated in the third and sixth
years of the 7-year Shemitah cycle is called Ma'aser Ani and is given to the
poor.
(d) The tithe that is separated during the first, second, fourth and fifth
years is called *Ma'aser Sheni*. The Torah requires that Ma'aser Sheni be
brought and eaten by its owner in Yerushalayim.
(e) Alternatively, Ma'aser Sheni produce may be redeemed, in which case the
money used to redeem it is brought to Yerushalayim. If the owner himself
redeems the produce, he must add an additional *fifth* (of the ensuing
total, or a *quarter* of the original value). The food that is bought with
this money in Yerushalayim becomes Kodesh like Ma'aser Sheni and must be
eaten b'Taharah. Ma'aser Sheni that was redeemed by anyone besides the owner
is exempt from the additional fifth.
2) [line 5] "(V'NASAN HA'KESEF) [V'YASAF CHAMISHIS KESEF ERKECHA ALAV] V'KAM
LO." - "[And if he who sanctified the field will in any way redeem it, then
he shall add the fifth part of its endowment value (see Background to Nazir
61:6 and to Gitin 48:4) to it,] and it shall be remain his." (Vayikra
27:19) - This verse shows that only Kesef may be used to redeem Hekdesh.
Another verse (Devarim 14:25) shows that only Kesef may used to redeem
Ma'aser Sheni (Shabbos 128a).
3) [line 6] V'YATZ'AH V'HAYESAH - Geirushin and Kidushin are compared to
each other through a Hekesh (here and in Kesuvos 47a) in the verse
"v'Yatz'ah [mi'Beiso; v'Halchah] v'Hayesah [l'Ish Acher.]" - "And she will
leave [his house (the house of her first husband)] and she will be [a wife
to another man.]" (Devarim 24:2) - The word "v'Yatz'ah ("and she will
leave") refers to Geirushin and "v'Hayesah" ("and she will be") refers to
Kidushin.
4) [line 9] SANEIGOR YE'ASEH KATEIGOR?! - Shall the defense attorney become
the prosecutor?!
5) [line 12] MILEI - the words, text
6) [line 14] TIV'A - the actual coins
7) [line 18] U'MAH RA'ISA? - What did you see [that made you interpret the
words "v'Chasav Lah" to limit Geirushin to Kesivah (with a Get i.e. a Shtar)
and preclude Geirushin through Kesef, instead of limiting *Kesivah* to
Geirushin and precluding Kidushin through Kesivah]?
8) [line 35] KINYANAN MERUBEH - they (Shtar and Kesef) may be used to buy
more [items than Bi'ah, e.g. land and slaves]
9) [line 36] BE'AL KORCHAH - against one's will
10) [line 38] SHE'EINO MA'ACHIL BI'TERUMAH
(a) All of the Kohanim, male or female, are entitled to eat Terumah.
However, when a Bas Kohen marries a Yisrael, she loses her right to eat
Terumah, and she is considered a Zar (non-Kohen), who is prohibited from
eating Terumah (that is, her husband is "Posel" her from eating Terumah).
Should her Yisrael husband divorce her or die, she may eat Terumah as
before, as long as she has had no children from him (Vayikra 22:12-13,
Yevamos 69a).
(b) With regard to a Bas Yisrael, the converse is the Halachah. From birth,
she is prohibited from eating Terumah as are all Zaros. If she marries a
Kohen she becomes "Kinyan Kaspo" (his "possession") and is permitted to eat
Terumah (her husband is "Ma'achil" her). If he divorces her or dies and she
has no children from him, the prohibition for her to eat Terumah returns. If
she does have a child from him, she continues to eat Terumah in the merit of
her late husband, the father of her child (ibid.).
(c) Even the slaves of Kohanim eat Terumah because of their master, since
they are his possessions.
11) [line 38] TERUMAH
(a) After a crop is harvested and brought to the owner's house or yard, he
must separate Terumah Gedolah from the crop and give it to a Kohen. Although
the Torah does not specify the amount to be given, the Rabanan set the
requirement at one fiftieth of the total crop. After Terumah is removed from
the produce, one tenth of the produce that remains must be designated
"Ma'aser Rishon," and given to a Levi. The Levi, in turn, must separate one
tenth of his Ma'aser Rishon as Terumas Ma'aser, to be given to a Kohen, as
it states in Bamidbar 18:26. The owner or the Levi does not need to separate
the Terumah himself; they may appoint a Shali'ach to separate it.
(b) The produce may not be eaten until both Terumos have been removed. The
punishment for eating Tevel is Misah b'Yedei Shamayim.
12) [line 41] SHEMA YIMZEGU LAH CHOS B'VEIS AVIHA
(a) A non-Kohen may not eat Terumah. However, a Kohen's wife who is not
herself a Kohenes may eat Terumah, if she is over three years old.
(b) Mid'Oraisa, a Kohen's wife may begin to eat Terumah from the time of her
Erusin, betrothal. However, the Rabanan prohibited her from eating Terumah
until twelve months after the betrothal, at which point the husband begins
to support her even though she has not yet moved into his house. The Tana'im
debated the reason for this prohibition. Some say that it was enacted lest
the wife feed her siblings from the Terumah that she is eating (since she is
still living together with them in her father's house). Others say that it
was enacted because of the possibility that the Kohen will find an
unexpected blemish in her, causing him to annul their betrothal
retroactively. At a later point the Rabanan prohibited her from eating
Terumah even after twelve months have passed until the time of her Nisu'in,
when she moves into her husband's house.
(c) The wife of a Kohen may continue to eat Terumah as long as her husband
or any of their offspring are alive (Vayikra 22:11, Bamidbar 18:11; Nidah
44a).
13) [last line] KESEF SHE'EINO GOMER - (lit. Kesef that does not finish)
paying money to one's Arusah does not confer upon her the status of a
Nesu'ah (see Background to Kidushin 2:1)
5b---------------------------------------5b
14) [line 8] MOTZI B'VAS YISRAEL - [Shtar] can effect the divorce of a
married Jewess
15) [line 26] L'INTU - as a wife
16) [line 35] KEDI NASVAH - for no apparent reason
17) [line 41] EIN KAN BEIS MEICHUSH - in this case there is no room for any
doubt
18) [line 44] YADAYIM SHE'EIN MOCHICHOS HAVYAN YADAYIM
(a) Any Neder, Shevu'ah or Nezirus, must be verbalized in order for it to be
binding. It is not binding if it has been made in one's mind alone. However,
the Torah teaches that even if one *begins* to utter the Neder, Shevu'ah or
Nezirus but does not finish his sentence, it is still binding. (The source
for this is discussed in Nedarim 3a.) Such a half-statement is referred to
as a "Yad" (literally, a handle) for a Neder, Shevu'ah or Nezirus, since
this incomplete statement allows us to "grasp" the person's intention. In
our Mishnah, the expressions "Ehei" - "I will be" - or "Ehei Na'eh" - "I
will be as beautiful as..." - are "Yados" for Nezirus, since we assume that
the end of the sentence was meant to be, "a Nazir."
(b) The Yad is binding only if the presumed end of the sentence can be
inferred from what the person uttered. The Tana'im and Amora'im argue over
*how clearly* the person's intention must be inferred. According to some,
the inference must be very clear ("Yad Mochi'ach"), while according to
others, even if the inference is not beyond doubt ("Yad she'Eino
Mochi'ach"), the Yad is binding.
(c) Similarly, an expression of Kidushin that is not complete, e.g. if a man
were to say "Harei At Mekudeshes" - "Behold, you are betrothed," without
completing his phrase with the word "Li" - "to me," is a Yad for Kidushin.
(a) Any words used to effect Kidushin must be verbalized correctly in order
for them to be binding. They are not binding if they have been made in one's
mind alone. However, the Torah teaches that even if one *begins* to utter
the phrase for Kidushin but does not finish his sentence, it is still
binding. (The source for this Halachah is discussed in Nedarim 3a.) Such a
half-statement is referred to as a "Yad" (literally, a handle) for Kidushin,
since this incomplete statement allows us to "grasp" the person's intention.
In Shmuel's teaching, the expressions "Harei At Mekudeshes" and "Harei At
Me'ureses," which both mean "Behold, you are betrothed," are "Yados" for
Kidushin, since we assume that the end of the sentence was meant to be
"Li" - "to me."
(b) The Yad is binding only if the presumed end of the sentence can be
inferred from what the person uttered. The Tana'im and Amora'im argue over
*how clearly* the person's intention must be inferred. According to some,
the inference must be very clear ("Yad Mochi'ach"), while according to
others, even if the inference is not beyond doubt ("Yad she'Eino
Mochi'ach"), the Yad is binding.
19) [line 45] EHEI - I will be
20) [line 45] NAZIR
(a) If a person makes a vow to become a Nazir without stipulating a time
period, his or her Nezirus lasts for a period of thirty days. If the person
stipulates a time period, his or her Nezirus lasts for whatever amount of
time he stipulated. During this period, the Nazir is not allowed to 1. cut
his hair; 2. become Tamei by touching or being in the same room as a corpse;
or 3. consume any products of the grapevine. (Bamidbar 6:1-21, SEFER
HA'CHINUCH #377)
(b) When a Nazir completes his period of Nezirus, he must offer three
sacrifices: a male sheep as an Olah, a female sheep as a Chatas, and a ram
as a Shelamim. Together with the Shelamim he brings 6 and 2/3 Esronos of
Soles (fine flour), which are made into 20 loaves of Matzah, 10 Chalos
(unleavened loaves of Matzah) and 10 Rekikin (flat Matzos). He then shaves
off the hair of his head and burns it under the cauldron in which the Zero'a
of the Shelamim is cooked (Bamidbar 6:18). (SEFER HA'CHINUCH #377)
21) [last line] D'AMAR "LI" - the man actually said the word "Li"
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