BACKGROUND ON THE DAILY DAF
brought to you by Kollel Iyun Hadaf of Har Nof
Ask A Question on the daf
Previous daf
Kidushin 6
KIDUSHIN 6 - This Daf has been sponsored by Rabbi and Mrs. Shalom Kelman of
Baltimore, Maryland, USA.
|
1) [line 1] V'LO SHE'YAKI'ACH ES ATZMO - and not that he should make himself
available to be acquired by his wife
2) [line 7] MEYUCHEDES LI - singled out for me, based upon the verse "v'Hayu
l'Vasar *Echad*" (Bereishis 2:24)
3) [line 8] MEYU'EDES LI - designated for me, based upon the verse "Asher Lo
*Ye'adah*" (Shemos 21:8)
4) [line 8] EZRASI - my helpmate, based upon the verse "E'eseh Lo *Ezer*
k'Negdo" (Bereishis 2:18)
5) [line 8] NEGDASI - my counterpart, based upon the verse "E'eseh Lo Ezer
*k'Negdo*" (ibid.)
6) [line 9] ATZURASI - (a) the one who I will gather into my house, based
upon the word "Atzeres" - gathering (RASHI); (b) the one who is enclosed
with me in my house, based upon the verse "Ki Ishah *Atzurah* Lanu" (Shmuel
I 21:6) (TOSFOS, citing the RI, who explains this phrase as, "women with
whom we have been enclosed in our houses [previously have been kept from
us,]" rather than simply "women have been kept from us," as RASHI explains,
leading to his rejection of this verse as the source of this term)
7) [line 9] TZAL'ASI - my side, based upon the verse "va'Yikach Achas
*mi'Tzal'osav*" (Bereishis 2:21)
8) [line 9] SEGURASI - my closure, finalization, based upon the verse
"*va'Yisgor* Basar Tachtena" (ibid.)
9) [line 10] TACHTAI - my assistant, based upon the verse "va'Yisgor* Basar
*Tachtena*" (ibid.)
10) [line 10] TEFUSASI - (a) my reserved one, based upon the verse, "v'Hi Lo
*Nispasa* (TOSFOS RI HA'ZAKEN, 1st explanation; see NACHALAS MOSHE, who
finds this explanation difficult); (b) the one who is kept with me in my
house, based upon the word "Nispeses" - retained (TOSFOS RI HA'ZAKEN, 2nd
explanation)
11) [line 10] LEKUCHASI - the one whom I "took," based upon the verse "Ki
*Yikach* Ish Ishah" (Devarim 24:1)
12) [line 10] PESHOT MIHA CHADA - answer at least one [of the questions]
13) [line 13] CHARUFASI - my designated one, based upon the verse "v'Hi
Shifchah *Necherefes* l'Ish" (Vayikra 19:20)
14) [line 36] V'HU SHE'ASUKIN B'OSO INYAN - and we are dealing with a case
where they had been previously speaking of the topic (the prospect of
marriage)
15) [line 45] TIV - the [legal] form [of Gitin and Kidushin]
6b---------------------------------------6b
16) [line 1] SHIFCHASO (SHIFCHAH KENA'ANIS)
(a) A Jew who owns a non-Jewish slave or maidservant (an Eved Kena'ani or a
Schifchah Kena'anis) may release them from bondage in one of two ways: by
accepting payment for their release, or by giving them a "Get Shichrur," or
bill of release (Kidushin 22b). If they are not released in one of these two
ways, they are still considered to be slaves for all Halachic matters (such
as with regard to who they are allowed to marry and what Mitzvos they are
obligated to keep.)
(b) When the master releases his slave or maidservant, he must say words
such as "Harei At l'Atzmeich" - "Behold you are [free] to [be the master
over] yourself," or the like, indicating that the slave is free of bondage.
(c) The Mishnah (ibid.) states that the two methods of release are
different. The Tana'im argue as to how they differ. According to Rebbi Meir,
the payment must be made by others directly to the master and not to the
slave ("b'Chesef Al Yedei Acherim"), while the Get Shichrur must be given to
the slave himself ("b'Shtar Al Yedei Atzmo"). The Chachamim rule that the
payment must be made by the slave himself with money that others have given
him, on the condition that his master not gain any monetary possession in
them ("b'Chesef Al Yedei Atzmo"). The Get Shichrur must be given to others
on behalf of the slave ("b'Shtar Al Yedei Acherim").
17) [line 4] LI'MELACHAH KA'AMAR LAH (MA'ASEH YADEHA)
(a) As long as they are married, a husband must provide his wife with
Mezonos (sustenance). According to some Tana'im, this obligation is
mid'Oraisa and is learned from the verse "She'erah...Lo Yigra" (Shemos
21:10). Other Tana'im maintain that the obligation to provide one's wife
with Mezonos is only mid'Rabanan. It is one of the Tena'ei Kesuvah
(stipulations of the Jewish marriage contract) which are imposed by Beis Din
upon every Jewish man and wife (Kesuvos 47b).
(b) According to those who maintain that Mezonos is a Rabbinic institution,
the Rabanan established a pair of reciprocal institutions throughout the
duration of a marriage: The husband must supply his wife with Mezonos, and
the wife must give her husband any profits she receives from her handiwork
(Ma'aseh Yadeha). The Amora'im differ over what the main point of these
institutions was. Was the main point of the Rabanan to benefit the husband,
by giving him his wife's handiwork, and the Rabanan instituted that he must
provide his wife with sustenance as compensation? Or is the opposite true:
the main point of the Rabanan was to benefit the wife, by having the husband
provide her with sustenance, and the Rabanan gave the husband his wife's
handiwork as compensation (ibid. 58b).
18) [line 6] GET SHICHRUR
See above, entry #16.
19) [line 16] ONO - a document [that states that if the slave will escape
from his new master, his previous master will not take him back as his
slave]
20) [line 20] HANA'AS MILVEH - the benefit [that I will "give" you by
extending the term] of a loan [such that you do not have to pay someone (or
me) to influence me to extend it]
21) [line 21] HA'ARAMAS RIBIS (RIBIS)
(a) It is forbidden to lend money in return for interest (Shemos 22:24,
Vayikra 25:36, Devarim 23:20). Even if interest is charged conditionally,
and it is not eventually collected, the transaction is prohibited mid'Oraisa
according to some Tana'im. It is also forbidden to take money in order to
allow the borrower more time to complete the payment of the loan. (Such
payment is known as "Agar Natar.")
(b) The Torah only forbids charging interest if the rate or amount of
interest for a loan was fixed at the time that the loan was made. This is
called Ribis Ketzutzah. If interest was paid but the amount paid was not
fixed at the time of the loan, or if a higher price was paid in a *sale* in
order that the seller should allow the buyer more time to complete his
payment for the purchase, it is called Avak Ribis. This is forbidden
mid'Rabbanan.
(c) Certain payments that are not actually Ribis mid'Oraisa or mid'Rabanan
were prohibited because they have similarities to Ribis. Chazal refer to
this as "Ha'aramas Ribis" in our Sugya.
22) [line 22] AZKEFAH - he lent her [a sum of money]
23) [line 24] ARVACH LAH ZIMNA - he extended the time of the loan for her
24a) [line 25] HEILACH MANEH - this Maneh is for you
b) [line 25] MANEH - one hundred silver Dinars
25) [line 26] B'MECHER LO KANAH - this does not work in business
transactions
26) [line 26] PIDYON HA'BEN - the redeeming of the first born
(a) The Torah requires that every Yisrael sanctify the firstborn male of his
children, Kosher animals and donkeys, as it is written, "Kadesh Li Kol
Bechor, Peter Kol Rechem bi'Vnei Yisrael, ba'Adam uva'Behemah; Li Hu." -
"Sanctify to Me every first-born that initiates the womb among the children
of Yisrael, among both man and beast; it is Mine." (Shemos 13:2)
(b) The Mitzvah of Pidyon ha'Ben applies to a Yisrael and not to a Kohen or
a Levi. The first male born to a *mother* (who is not the daughter of a
Kohen or a Levi) must be redeemed by his father (as stated in Shemos 13:13,
"v'Chol Bechor Adam b'Vanecha Tifdeh." The Bechor must be redeemed when he
is one month old by giving five silver Shekalim of Kodesh (each of which
weighs 22.8 grams / 0.8 ounces) to a Kohen as stated in Bamidbar (18:16).
This applies only if the son was the first issue (i.e. he was not preceded
by a Nefel -- stillborn) and was delivered through the womb (i.e. he was not
delivered by Caesarian section). (Sefer ha'Chinuch #392)
(c) A number of reasons are given for this Mitzvah. One reason is that
HaSh-m wanted to give us merit by having us perform a Mitzvah with the first
produce of our efforts so that we should realize that everything is His. A
person comes to this understanding when after all his toil he takes these
first products, which are as dear to him as the apple of his eye, and gives
them to HaSh-m. Another reason for this Mitzvah is to remember the great
miracle that HaSh-m did for us by killing the firstborn of Egypt. (Sefer
ha'Chinuch #18)
27) [line 28] KOHEN HA'MESAYEI'A B'VEIS HA'GERANOS - a Kohen who helps out
in the granary so that the Terumos should be given to him
28) [line 30] MATANAH AL MENAS L'HACHZIR SHEMAH MATANAH (a gift given on
condition that it be returned after its use is a full-fledged gift)
(a) In many instances the Torah requires a person to *transfer ownership* of
a certain item to another person (for example, giving Matenos Kehuah to a
Kohen or transferring an item of value through which a sale is effected). In
addition, there are many Mitzvos for which a person needs to *own* an item
in order to fulfill the Mitzvah (such as the four species - that must belong
to the person ("Lachem") at least on the first day of Sukos - and a garment
that is obligated in Tzitzis).
(b) In such cases, the Amora'im question whether a gift given on the
condition that it be returned is considered to fully belong to the recipient
for the time that he retains it. (That is, can money given under this
condition effect a Pidyon ha'Ben or is a Lulav given under this condition
considered the possession of the recipient?)
(c) According to all opinions, if the gift was lost or the recipient does
not return it, the transfer of ownership is revoked retroactively, since the
condition was not fulfilled. The Rishonim add that when the recipient
returns the gift, he must return it through a valid Ma'aseh Kinyan. Until
this point it belonged entirely to him; therefore the gift does not return
to the possession of the original owner without a full transfer of ownership
(see KETZOS HA'CHOSHEN 241:4 and Insights to Sukah 46:3).
Next daf
|