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Kidushin 14
KIDUSHIN 14&15 - 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 8] "V'NIKRA SHEMO B'YISRAEL BEIS CHALUTZ HA'NA'AL." - "And his name
shall be called in Yisrael, 'The house of him who has had his shoe pulled
off.'" (Devarim 25:10) - The Gemara interprets the words "b'Yisrael Beis
Chalutz" homiletically as "once the Yevamah has had *Chalitzah*, she is
permitted to start a *Bayis* (a home) among the people of *Yisrael*."
2) [line 17] ENU CHULCHEM V'IMRU... - Raise your voices, all of you, and
say...
3) [line 20] YEVAMAH SHE'HI B'LAV (YIBUM: YEVAMAH LA'SHUK)
(a) If a married man dies childless and has brothers who survive him, his
widow or widows may not remarry until one of her husband's brothers performs
Yibum (levirate marriage) or Chalitzah (levirate release) with one of them,
as it states in Devarim 25:5-10. Chazal learn from the verses that if there
are a number of brothers, there is a preference for the oldest brother to
perform Yibum or Chalitzah (Yevamos 24a).
(b) Yibum is a type of marriage. Unlike ordinary Kidushin, though, it can be
accomplished only through Bi'ah and not through Kesef or Shtar (see
Background to Kidushin 2:1:II:b). Nevertheless, the Rabanan instituted that
one should precede Yibum with an act similar to Kidushei Kesef or Shtar,
which is known as Ma'amar (see Background to Nedarim 74:4).
(c) If the live brother does not wish to marry the dead brother's widow, he
must perform Chalitzah. To do so, 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." After this process is
completed, she is free to marry whomever she wants.
(d) The *connection* of the live brother or brothers to the dead man's widow
or widows, which prevents the widows from marrying without Yibum or
Chalitzah, is called "Zikah," and a widow who is thus prevented from
remarrying is called a "Zekukah." Another name for a widow who awaits Yibum
or Chalitzah is "Shomeres Yavam." It is forbidden a woman to have relations
with anyone other than the Yavam while she is a Shomeres Yavam. This is
known as the prohibition of "Yevamah la'Shuk" - "a Yevamah [who is
prohibited] to anyone from outside [her husband's siblings]. If she
transgresses this prohibition and has relations with a man other than the
Yavam, she has violated a Lo Sa'aseh (Devarim 25:5) and both she and her
suitor are punished with Malkus. Some Tana'im and Amora'im maintain that if
she accepts Kidushin from someone while she is a Shomeres Yavam, the
Kidushin is not legally binding (Yevamos 92b, Sotah 18b).
4) [line 33] "KACHA" - "[Then shall his brother's wife come to him in the
presence of the elders, and pull off his shoe from his foot, and spit [on
the floor] in front of him, and shall raise her voice and say,] 'So shall it
[be done to that man who will not build up his brother's house.']" (Devarim
25:9)
5) [line 35] GORAL
The Torah commands that on Yom ha'Kipurim, a Goral (lot) is to be performed
by the Kohen Gadol to choose between two identical goats (Vayikra 16:8). One
is offered as a Korban Chatas and its blood is sprinkled in the Kodesh
ha'Kodashim (the "Sa'ir la'Sh-m"); the other is dispatched to Azazel (a hard
rocky cliff), from which it is pushed off to its death (the "Sa'ir
ha'Mishta'e'ach"). A strip of crimson wool was tied between the horns of the
Sa'ir ha'Mishtale'ach before it was led to Azazel. The person who takes the
goat to Azazel becomes Tamei and is required to immerse his body and clothes
in a Mikvah. (Vayikra 16:26)
6) [line 36] EIN HA'SHEM OSEH CHATAS - calling one goat "the Sa'ir la'Sh-m"
or "the Chatas" does not designate it as the Korban Chatas
7) [line 42] "LAH" - "[and writes] for her [a bill of divorce] (Devarim
24:3)
8) [line 43] LISHMAH (GET)
(a) The Torah states (Devarim 24:1) that if a man wants to divorce his wife,
he must write a Sefer Kerisus (a document that cuts [the bond between them])
and hand it to her in front of two witnesses. In the language of Chazal,
this document of divorce is called a Get (pl. - Gitin.)
(b) A Get must contain the full names of the pair involved in the divorce,
the places where they are to be found at the time of the writing (or where
they live, or where they were born, according to some), and the date and
place where the Get is written. If any of these items is missing or mistaken
("Shinah Shemo u'Shemah" -- Gitin 34b, Yevamos 91b), the Get is invalid.
(c) A Get must be written Lishmah (for the sake of the woman who is to be
divorced), as is learned from the verse in the Torah, "v'Chasav *Lah* Sefer
Kerisus" - "and he must write *for her* a bill of divorce" (Devarim 24:1).
The scribe must therefore write at least: 1. the name of the wife; 2. the
name of the husband; 3. the place; and 4. the words "Harei At Muteres l'Chol
Adam" -- "You are hereby free to marry whomever you wish" -- with the
intention that this Get will be used to divorce this specific woman (see
RAMBAM Hilchos Gerushin 3:7).
9) [last line] CHOFEH - covers
14b---------------------------------------14b
10) [line 1] (MESULIM) [MESULYAS] - a shoe consisting of a mere sole (the
Girsa is from the Shas Muenchin manuscript)
11) [line 1] EKEV - the heel
12) [line 3] EVED IVRI - a Jewish slave
(a) There are two ways that a Jewish man can be bought as a slave by another
Jew. Either he may sell himself because he is destitute, or he may be sold
by Beis Din to pay back a theft. During his term as a slave, his master must
support his family (Kidushin 22b). The master may not make his Eved Ivri do
disgraceful work for him, nor may he treat him as one normally treats a
slave. For example, if the master only has one pillow, he must give it to
his Eved Ivri rather than keep it for himself (Kidushin 20a).
(b) If the slave was married before he was sold, the master has the right to
give him a Nochri maidservant to bear him children who will become the
slaves of the master (Shemos 21:4). (One who is not an Eved Ivri is
forbidden to have relations with a maidservant.)
(c) An Eved Ivri is obligated to work for his master for only six years
(Shemos 21:2) or until the Yovel year (see below, entry #14), whichever
comes first (Kidushin 14b, 16a). At any time during his term, he may go free
if he or someone else pays his master the money remaining from the sum that
the master paid for him, prorated to the amount of time that he worked. If
at the termination of six years he expresses his desire to continue life as
a slave, the master takes the slave to Beis Din, and stands the slave near a
doorpost and pierces his right ear and the door with an awl. This is known
as Retzi'ah, and an Eved Ivri upon whom this is performed is called a
"Nirtza." A Nirtza slave must continue to serve his master until the Yovel
year (ibid. 21:6) or until his master dies. Whenever an Eved Ivri goes free,
under most circumstances his master must give him monetary gifts valued at
15, 30 or 50 Sela'im, according to the various opinions (Kidushin 17a). This
is known as Ha'anakah (Devarim 15:14).
(d) Our Gemara cites a Tana that distinguishes between the Halachos of an
Eved Ivri who sold himself and an Eved Ivri who was sold by Beis Din.
According to this Tana, some of the above-mentioned Halachos do not apply to
an Eved Ivri who sold himself. (For example, he cannot become a Nirtza, he
does not receive Ha'anakah, etc.)
13) [line 4] SHANIM - [working for his master for six] years
14) [line 4] YOVEL
(a) The year after 7 Shemitah cycles of 7 years each is called the Yovel
year. There is an argument among the Tana'im as to whether the 50th year is
not counted as one of the years of Shemitah, or whether it is part of the
count and is itself *both* the Yovel and the 1st year of the next Shemitah
cycle.
(b) The Halachos of the Shemitah year apply in the Yovel year with regard to
not working the land and maintaining the sanctity of the fruits that grow
(see Background to Nedarim 57:3). In addition, at the start of the Yovel
year, all Jewish slaves (Eved Ivri, see above, entry #12) are set free and
all properties that were sold since the previous Yovel year are returned to
their original owners. On Yom ha'Kipurim of the Yovel Year, Beis Din blows a
Shofar to denote that the time has come to set free all of the slaves, as
the Torah states in Vayikra 25:9.
(c) There is an argument among the Tana'im as to what is considered the
beginning of the Yovel year. According to the Chachamim, Yovel starts with
the Shofar blast of Yom ha'Kipurim. According to Rebbi Yochanan ben Berokah,
it begins at Rosh ha'Shanah, and the Shofar blast only denotes the
completion of the process of freeing the slaves (Rosh Hashanah 8b).
15) [line 4] GERA'ON KESEF - at any time during the term of an Eved Ivri, he
or someone else may pay his master the money remaining from the sum that the
master paid for him, prorated to the amount of time that he worked
16) [line 5] AMAH HA'IVRIYAH
(a) A destitute father, under certain circumstances, may sell his daughter
into servitude to a Jewish master as long as she is a minor. The sale is for
a period of six years or until she becomes a Gedolah (when two pubic hairs
grow after she enters her 12th year) or until the Yovel year (the year after
seven Shemitah cycles), whichever comes first. During this period she is
called an "Amah ha'Ivriyah."
(b) Another way that an Amah Ivriyah goes free is through Gira'on Kesef. At
any time during her term, she or someone else may pay her master the money
remaining from the sum that the master paid for her, prorated to the amount
of time that she worked.
(c) The Torah gives to the master of a Jewish maidservant the option of
being Mekadesh her through a procedure called "Yi'ud." The Kidushin takes
effect through the money that he initially gave to her father when he
purchased her, as described on Daf 19a.
17) [line 5] 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 (Nidah 52a),
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).
18) [line 6] NIRTZA
See above, entry #12:c.
19) [line 8] "[IM OD RABOS BA'SHANIM, LEFIHEN YASHIV GE'ULASO] MI'KESEF
MIKNASO." - "[If there are yet many years, according to them he shall give
again the price of his redemption] out of the money for which he was
bought." (Vayikra 25:51)
20) [line 11] "V'HEFDAH" - "he shall let her be redeemed" (Shemos 21:8)
21) [line 11] MELAMED SHE'MEGARA'AS PIDYONAH V'YOTZ'AH - this teaches that
she (or someone else) may pay her master the money remaining from the sum
that the master paid for her, and she goes free
22) [line 16, 17] MECHARUHU BEIS DIN / MOCHER ATZMO
See above, entry #12:a.
23) [line 20] (MUSAF) [MOSIF] AL INYAN RISHON - [the letter "Vav" in the
word "v'Chi," which is the first word in the verses dealing with an Eved
Ivri who is sold to a Nochri,] adds to the first subject (i.e. the verses
dealing with an Eved Ivri who is sold to a Jew)
24) [line 21] V'YILAMED ELYON MI'TACHTON - (lit. and we learn above from
below) and we learn the laws of the previous subject from the laws of the
next subject
25) [line 26] EIN MA'ANIKIM LO (HA'ANAKAH)
See above, entry #12:c.
26) [line 27] SHIFCHAH KENA'ANIS
See above, entry #12:b.
27) [line 40] HAR'TZA'AS ADON - the placation of the master
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