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Kidushin 22
KIDUSHIN 22 (7 Sivan) - L'Iluy Nishmas Mrs. Grune Fradl bas ha'Rav Shmuel
David Levinson (who passed away on 7 Sivan 5753), a true 'Isha Yir'as
Hashem.' Dedicated by her son.
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1) [line 6] "V'IM AMOR YOMAR HA'EVED..." - "And if the servant shall plainly
say, ['I love my master, my wife (the Shifchah Kena'anis), and my children
(the slaves that she bore him); I will not go out free.]" (Shemos 1:5) -
This verse describes one of the requirements for Retzi'ah; the [male] slave
must make the above declaration.
2) [line 20] BI'TECHILAS PERUTAH ACHARONAH - at the beginning of [the Eved
Ivri's] last Perutah's worth of service (that is, any point before the Eved
Ivri begins his last Perutah's worth of service)
3) [line 33] TEIKU
The Pri Megadim (in his Igeres preceding his introduction to Orach Chaim,
#9) quotes and discusses various explanations for the word Teiku:
1. It is sealed in its container ("Tik") (ARUCH, Erech Tik).
2. Tehei Ka'i - "Let it (the question) stand" (MUSAF HA'ARUCH).
3. Tishbi Yetaretz Kushyos v'Ibayos - "Eliyahu ha'Navi will answer
difficulties and questions" (TOSFOS YOM TOV, end of Eduyos).
4a) [line 35] PAS NEKIYAH - bread made from fine flour
b) [line 36] PAS KIVAR - bread made from flour of inferior quality
5a) [line 36] YAYIN YASHAN - old (fine) wine
b) [line 37] YAYIN CHADASH - new (inferior quality) wine
6a) [line 37] MUCHIM - soft substances such as wool, rag, lint, etc.
b) [line 38] TEVEN - stubble, straw
7) [line 46] MISHUM D'LO BENEI MI'AVAD U'MEICHAL NINHU - because they (his
children) are not people who can work and support themselves
8) [line 49] D'LAV DIRCHAH L'HADUREI - because it is not the manner of a
woman to go around [begging from door to door]
22b---------------------------------------22b
9) [line 1] YIDKOR - bore a hole
10) [line 4] ME'AVRAI - outside (not near the door)
11) [line 8] AKURAH - removed (from the hinges of the doorpost)
12) [line 8] MEZUZAH - doorpost
13) [line 11] K'MIN CHOMER - (a) like a knot or a string of jewels that is
worn around the neck to fasten a cloak and/or as an ornament (RASHI,
TOSFOS); (b) like sweet-smelling spices (TOSFOS); (c) [measure for measure,]
like the action (ARUCH, citing Rabeinu Sa'adyah Ga'on)
14) [line 14] R"SH B"R - Rebbi Shimon bar Rebbi (Rebbi Shimon, the son of
Rebbi Yehudah ha'Nasi)
15) [line 17] MASHKOF - lintel
16) [line 19] EVED KENA'ANI (a Nochri slave)
(a) A Jew may acquire a Nochri slave or maidservant (Eved Kena'ani or
Shifchah Kena'anis) by purchasing them from their Jewish or Nochri master
and making a Kinyan on the slave with either Kesef (paying money) or Shtar
(receiving a contract) Chazakah (having the slave work for him) or
Chalipin -- the same Kinyanim that are used in the purchase of real-estate
(Mishnah and Beraisa in our Sugya; see Background to Kidushin 13:10:c). In
addition, an Eved Kena'ani can be acquired through Kinyan Meshichah, like
moveable objects (as the Gemara here teaches; see entry #22). A Nochri can
also be acquired as a slave by being captured (Gitin 38a). These Halachos,
and the Halachos mentioned below, apply whether the slave is from the
Kena'ani nation or from another nation. Nevertheless, the generic term used
by the Mishnah and Gemara to refer to Nochri slaves is Eved "Kena'ani,"
since the Torah openly describes Kena'an as a slave (see Rashi to Kidushin
22b DH Sadeh).
(b) A Nochri slave must undergo a process of involuntary conversion, in
which he is circumcised (in the case of a male slave) and immersed in a
Mikvah, after which he becomes obligated in Mitzvos. Regardless of sex, a
Nochri slave is only obligated to keep those Mitzvos in which a Jewish woman
is obligated. The slave is not permitted to marry an ordinary Jew. When the
slave is freed, he automatically becomes a full-fledged Jew and is obligated
to keep all of the Mitzvos, like a normal convert. However, before he is
freed, his exemption from certain Mitzvos and prohibition to marry a Jewish
woman came about as a direct consequence of the slavery. The Rishonim refer
to this as a "Kinyan Isur," a "prohibitive" Kinyan (see Rishonim to Gitin
38a, Kidushin 16a). Another Halachic consideration of the slavery is that if
the slave belongs to a Kohen, he is permitted to eat Terumah as long as he
is owned by the Kohen (Yevamos 66a, based on Vayikra 22:11).
(c) A slave does not independently own property. Rather, any object that the
slave acquires automatically becomes the possession of his master. There is
an argument among the Tana'im as to whether the slave can own something if
it is specifically stipulated, at the time that it is given to him, that it
should not become the master's (Kidushin 23a).
(d) It is not normally permitted to free a Nochri slave, and one who does so
transgresses the Mitzvas Aseh of "l'Olam Bahem Ta'avodu" - "they shall be
your slaves forever" (Vayikra 25:46; Gitin 38a). However, even if the slave
is freed in violation of this Mitzvas Aseh, he indeed becomes a free man.
(e) A Nochri slave may obtain freedom from bondage in one of two ways: by
having their master accept payment for their release, or by having their
master give them a "Get Shichrur," a bill of release (Kidushin 22b). The
Tana'im argue as to whether the payment for the slave's release must be made
by others directly to the master ("Kesef Al Yedei Acherim") or whether the
slave himself can own the money with which he purchases his freedom ("Kesef
Al Yedei Atzmo"). Similarly, the Tana'im argue whether the Get Shichrur must
be given to the slave himself ("Shtar Al Yedei Atzmo") or whether it must be
given to another person, who accepts it on behalf of the Eved. (See Kidushin
Chart #5.)
17) [line 19] KESEF - money given to the seller of the Eved Kena'ani to
acquire him
18) [line 19] SHTAR - a deed of sale or gift given by the owner of the Eved
Kena'ani to the buyer (or recipient of the gift), which thereby transfers
ownership
19) [line 19] CHAZAKAH - an act that demonstrates ownership of the Eved
Kena'ani (the Gemara later discusses what acts serve as a Chazakah; see
above, entry #16)
20) [line 22] "V'HISNACHALTEM OSAM LI'VNEICHEM ACHAREICHEM LA'RESHES
ACHUZAH, L'OLAM BAHEM TA'AVODU; [UV'ACHEICHEM BENEI YISRAEL, ISH B'ACHIV LO
SIRDEH VO B'FARECH.]" - "And you shall hold onto them as a heritage for your
children after you, to give to your heirs as a possession; you shall work
with them forever; [but your brothers, the people of Yisrael, you shall not
subjugate with hard labor.]" (Vayikra 25:46)
21) [line 26] CHALIPIN
(a) When a person buys an object, he must make a Ma'aseh Kinyan, a formal
Halachically-binding act denoting his acquisition of the object, in order
for the sale to be irrevocably binding. Depending on what object one is
acquiring, different Kinyanim are used, as follows.
(b) The forms of Kinyan that may be used for the acquisition of Metaltelin
(mobile items) are:
- Hagbahah, i.e. lifting the item;
- Meshichah, i.e. pulling the item or causing it to move;
- Mesirah, i.e. handing over the reigns of an animal or the tie lines of a boat, or a bill of debt (Shtar Chov);
- Chatzer, i.e. bringing the item into one's private domain;
- Chalipin (exchange or barter), i.e. taking another object to demonstrate one's consent for the Kinyan (or for an agreement).
- Agav, i.e. acquiring the moveable object automatically upon the acquisition of land.
(c) The forms of Kinyan that may be used for the acquisition of land are:
- Kesef, i.e. paying at least a Perutah's worth of money for the land;
- Shtar, i.e. receiving a legal document containing the details of the sale;
- Chazakah, i.e. performing an act that is normally performed only by an owner;
- Chalipin (as mentioned above, b:5)
(d) The source for Kinyan Chalipin in the Torah is from the verse in Ruth
4:7-8, in which this Kinyan is used by Bo'az. Although Kinyan Chalipin may
be accomplished through the barter of two equally-valued items, it is
normally no more than a symbolic act in which an object of little value is
given over in order to represent the acquisition of an object of value. For
example, Chalipin may be accomplished by taking possession momentarily of a
scarf or piece of cloth (Sudar) that belongs to the other party in order to
make a Kinyan on another object that is being transferred. For this reason,
Chalipin is also known as "Kinyan Sudar." (The other object is not simply
handed over to the buyer to make the Kinyan with Meshichah either because it
is not present or because it is too large or it is unfeasible to hand it
over, for example in the case of the transfer of land.)
(e) The Gemara records a Machlokes among the Amora'im as to whether the
Sudar used in the symbolic Kinyan is given by the buyer (in *exchange* for
the object that is being acquired) or by the seller (*along with* the object
that is being acquired). The Halachic ruling is that the buyer gives the
Sudar, and in return he acquires the object that is being transferred (Bava
Metzi'a 47b).
22) [line 28] MESHICHAH (KINYAN MESHICHAH)
(a) When a person buys an object, he must make a Ma'aseh Kinyan, a formal
Halachically-binding act denoting his acquisition of the object, in order
for the sale to be irrevocably binding. Meshichah is one such Kinyan that
can be used to effect the transfer of moveable objects (see previous entry).
(b) The Amora'im (Bava Metzia 47b) argue as to whether Kinyan Meshichah is
recognized by the Torah, or whether it is a Rabbinic institution which was
established in order to replace the Kinyan of Kesef (which *is* recognized
by the Torah but which was invalidated by the Rabanan). According to those
who maintain that Kinyan Meshichah is mid'Oraisa, its source in the Torah is
from the verse "Kanoh *mi'Yad* Amisecha" (Vayikra 25:14), which implies that
one may transfer property by *handing* it over to the buyer (Bava Metzia
ibid.).
(c) Meshichah can only accomplish a Kinyan in a private or semi-private area
(such as an alleyway), but not in Reshus ha'Rabim. It may be accomplished
not only by *pulling* the object towards one's self, but even by causing it
to come towards one's self, such as by calling an animal and causing it to
come closer.
23) [line 28] TAKFO U'VA ETZLO - (a) he (the new owner acquiring the Eved
Kena'ani) grabs him (the Eved) and the Eved comes towards him; (b) according
to the Girsa TAKFO *V'HEVI'O* ETZLO - he (the new owner acquiring the Eved
Kena'ani) grabs him (the Eved) and [forcibly] *brings* the Eved towards him
(ROSH)
24) [line 33] MESIRAH - a form of Kinyan in which an animal is "handed over"
from the seller to the buyer (see Mishnah 25b)
25a) [line 33] TALFAH - its hoof
b) [line 33] SA'ARAH - its hair (the mane of a horse -- RASHI)
c) [line 33] UKAF - saddle
26) [line 33] SHELIF - the load on it
27) [line 34] PERUMBIYA - the bit
28) [line 34] ZOG - a bell
29) [line 35] HIKISHAH B'MAKEL - he hit it with a stick
30) [line 35] KEIVAN SHE'AKRAH YAD V'REGEL - when it lifts up a foreleg and
a hindleg [the buyer has acquired it through Meshichah]
31) [line 39] HIFSHITO - he (the Eved Kena'ani) undressed him (the master)
32) [line 39] SACHO - smeared oil on him
33) [line 39] GARDO - (O.F. grater) to scratch or scrape the skin
34) [line 40] HIGBIHO - if the Eved lifted him
35) [line 40] HAGBAHAH - a form of Kinyan in which the buyer (or recipient
of a gift) lifts up the item. The act of Kinyan Hagbahah is effective
wherever it is performed, even in the domain of the seller.
36) [line 47] REBBI YEHUDAH HINDEVA'AH - Rebbi Yehudah of Ethiopia (some
texts omit the title "Rebbi" from his name)
37) [line 48] CHALASH - became sick
38) [line 48] AL MAR ZUTRA L'SHIYULEI VEI - Mar Zutra went up to visit (lit.
ask about) him
39) [line 48] CHAZYEI D'SAKIF LEI ALMA TUVA - he (Mar Zutra) saw that "the
world was becoming heavy to him (to Rebbi Yehudah Hindeva'ah)"; i.e. he was
about to die
40a) [last line] SHELOF LI MESAN'AI - remove for me my shoes
b) [last line] V'AMTINHU L'VEISA - and carry them to the house
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