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Kidushin 25

KIDUSHIN 24-30 (9-15 Sivan) - This week's study material has been dedicated by Mrs. Rita Grunberger of Queens, N.Y., in loving memory of her husband, Reb Yitzchok Yakov ben Eliyahu Grunberger. Irving Grunberger helped many people quietly in an unassuming manner and is dearly missed by all who knew him. His Yahrzeit is 10 Sivan.

1) [line 1] YESERES - an additional finger-like protrusion
2) [line 2] SHE'NISPERES AL GAV HA'YAD - that is in a line (lit. is counted) with his other fingers

3) [line 2] SAVEI D'NEZUNIYA - the Elders of Nezuniya, a city in Bavel near the border of Syria (ARUCH)

4) [line 3] PIRKEI D'RAV CHISDA - the discourse, session of Rav Chisda

5a) [line 4] TZAN'INHU - (a) reproach and denounce them (ARUCH); (b) tell them to sequester themselves in their houses, i.e. excommunicate them (RASHI; see next entry)

b) [line 4] TZAN'INHU (NIDUY- excommunication)
(a) The minimum period of Niduy is thirty days in Eretz Yisrael or seven days in Bavel and elsewhere. If the Menudeh does not repent from his ways he is put into Niduy for a second thirty-day period. If he still does not repent, he is then put into Cherem. The laws of Cherem are much more stringent.
(b) No one may come within four Amos of the Menudeh, except for his wife and family. He is not permitted to eat or drink with other people, nor is he included in a Zimun or any other Mitzvah that requires a quorum of ten men. He may not wash his clothes, shave or take a haircut or wear shoes. Learning and teaching Torah, however, are permitted, as well as engaging in work. The last two are not permitted to a Muchram, who must learn by himself and engage in work to the minimum that will provide him daily sustenance. People may speak with the Menudeh or the Muchram unless Beis Din specifically prohibits it.
(c) Even if the period of Cherem or Niduy has ended, a person remains in Niduy or Cherem until he is permitted by three commoners or by an expert sage (SHULCHAN ARUCH Yoreh De'ah 334:27 and REMA ibid. 334:24)

6) [line 8] SERSO RABO BA'BEITZIM - his master castrated him [by wounding him] in the testicles

7) [line 9] LO HAVAH B'YADEI - he did not know how to answer the question (lit. in was not in his hand)

8) [line 11] KARNUNA - (a) they criticized him, calling him a Yoshev *Keranos*, one who sits at street corners (and is not a scholar) (RASHI); (b) they had no intention of insulting him, rather they questioned the implication of his name, Hamnuna, which is similar to *Cham Nuna*, which means "hot fish." They commented that he should rather have been named Karnuna (*Kar Nuna*, "cold fish") since fish are cold (RABEINU CHANANEL, cited by the ARUCH)

9) [line 13] ROSHEI EIVARIM - main limb-tips (see Background to Kidushin 24:4:b)

10) [line 14] MICHYAH - a patch of healthy skin (NEGA'IM / TZARA'AS)
(a) THE PROCESS BY WHICH A METZORA BECOMES TAMEI - When a person develops a mark that looks like Tzara'as, a Kohen must ascertain whether or not it is a Nega Tzara'as. If it is indeed a Nega Tzara'as, the Kohen tentatively pronounces him Tamei for one week, making him a Metzora Musgar (Hesger Rishon). The Kohen returns after a week to see what changes, if any, occurred to the mark. If there are no changes, the person remains a Metzora Musgar (Hesger Sheni) and the Kohen returns after the second week. If there are still no changes the Kohen pronounces the person to be Tahor. If the Kohen *confirms* the Tum'ah of the Metzora due to the appearance of Simanei Tum'ah in the mark, the Kohen pronounces him a Metzora Muchlat. A Metzora Muchlat remains Tamei until his Simanei Tum'ah go away.
(c) The names and colors of four types of marks that make a person a Metzora are 1. Baheres, which is the color of snow; 2. Se'es, which is the color of clean, white newborn lamb's wool; 3. Sapachas of Baheres, which is the color of the plaster used to whitewash the Beis ha'Mikdash; 4. Sapachas of Se'es, which is the color of the white membrane found on the inside of an egg.
(d) The Simanei Tum'ah for marks that appear on the skin (Nig'ei Basar) are: 1. the mark spreads (Pisyon); 2. at least two white hairs (Se'ar Lavan) grow inside the mark *after* the Nega Tzara'as appears; or 3. a patch of healthy skin (*Michyah*) appears in the middle of the Nega.

11) [line 16] CHOTEM - nose
12) [line 16] HE'GEVIYAH - the male Ever
13) [line 16] DADIM - breasts

14) [line 21] MI SHE'HAYAH MAZEH (MEI CHATAS)
(a) The Parah Adumah, an exclusively red-haired female cow is burned on Har ha'Zeisim and its ashes are used for making a person Tahor if he is Tamei Mes. Only a cow that has not had a yoke placed upon it and has had no other work done with it is fit to be used as a Parah Adumah. A place is prepared for its slaughter on Har ha'Zeisim, opposite the gate to the Azarah (the courtyard of the Beis ha'Mikdash). After it is slaughtered, its blood is sprinkled in the direction of the Beis ha'Mikdash seven times. A cedar branch, some Ezov branches (hyssops) and a piece of crimson wool are thrown into the carcass of the cow while it is burning. (Bamidbar 19:1-22)
(b) If a person (or utensil) became Tamei through touching a Mes, he must wait seven days to become Tahor. On the third and seventh days he must have spring water mixed with the ashes of the Parah Adumah (Mei Chatas) sprinkled on him. A person who is Tahor dips three Ezov branches that have been bound together into the mixture, and sprinkles them on the person who is Tamei. On the seventh day, he immerses in a Mikvah after the mixture is sprinkled on him in order to complete his Taharah. (Bamidbar 19:17-19)

15) [line 21] NITEZAH HAZA'AH - some drops were sprinkled
16) [line 23] ZIMNIN D'CHALIM SIFSEI - (O.F. solder - to press) at times a person may press his lips together tightly [making them less visible] (which could bring one to conclude that the lips are not an Ever sheb'Galuy, a visible body part)

17) [line 24] SHE'NITAL ROV HA'LASHON - an animal that has had most of its tongue removed (MUMEI BECHOR)
(a) The Kedushah of Bechor rests on every first-born male of an ox, goat or sheep when it comes out of its mother's womb. Nevertheless, there is a Mitzvah for a person to sanctify it himself (Erchin 29a, based on Devarim 15:19). He must then give it to a Kohen; it may not be redeemed.
(b) If the animal has no Mum (blemish), the Kohen must bring it as a Korban during its first year. After its blood and Emurim (see Background to Yevamos 7:8 and 100:9) are offered on the Mizbe'ach, its meat is eaten in Yerushalayim during the following two days and the intervening night.
(c) If the animal has or develops a Mum, it must be slaughtered and eaten during its first year. If it developed a Mum after the first year, it must be slaughtered and eaten within thirty days. The Kohen can give it away or sell it, even to a non-Kohen. However, it may not be sold in a meat market or weighed in the usual manner. Now that there is no Beis ha'Mikdash, a Kohen must care for a Bechor until it develops a Mum. Alternatively, he can sell it, even if it has no Mum, to a non-Kohen, who may eat it after it develops a Mum. It may not be sold in a meat market in the usual manner, or bought in order to resell for a profit (Sefer ha'Chinuch #393, #445). The Chachamim penalized a person who intentionally inflicts a Mum in a Bechor, that the animal may never be slaughtered (Bechoros 34a).
(d) All Mumim that invalidate an animal from being sacrificed as a Korban on the Mizbe'ach will permit the Bechor to be eaten by the Kohanim. Some of these Mumim are mentioned in the Torah (Vayikra 22:22-24, Devarim 15:21). Chazal teach () that all Mumim that are visible and do not regenerate invalidate an animal as a sacrifice. If an animal has had most of its tongue removed, that part will not regenerate and this is considered a visible Mum. As such, this Mum permits the Bechor to be eaten by the Kohanim.

18) [line 24] ROV HA'MEDABER SHEBI'LESHONO - [the parallel on an animal of] the part of the tongue with which one talks

19) [line 27] U'MISHNAH LO ZAZA MI'MEKOMAH - and the original Mishnah was not removed from its place

20) [line 28] HA'KOL MODIM BA'LASHON L'INYAN TUM'AH D'GALUY HU ETZEL HA'SHERETZ (TUM'AS BEIS HA'SETARIM)
(a) Tum'as Beis ha'Setarim refers to an object that is Tamei that comes into contact with the concealed part of a person or object. Under such circumstances, the object cannot make a person Tamei by Maga (touching), but it can make him Tamei by Masa (carrying). For example, if a piece of a Sheretz (see Background to Sotah 28:9 and to Shabbos 107:5) was found in the folds of a person's skin, he is Tahor because a Sheretz is only Metamei through Maga. If, however, he had a Neveilah in the folds of his folds of skin, he is Tamei, because a Neveilah is also Metamei through Masa.
(b) All opinions agree that the tongue is considered not concealed with regard to receiving Tum'ah when a Sheretz touches one's tongue.

21) [line 29] "ASHER YIGA BO" - "[And] whoever he, [who is a Zav (see Background to Kidushin 2:11),] touches, [and has not immersed in a Mikvah (lit. rinsed his hands in water), he shall wash his clothes, and bathe himself in water, and be unclean until the evening.]" (Vayikra 15:11) - The Gemara also learns that *whatever* the Zav touches becomes Tamei, and the tongue is able to be touched.

22) [line 29] L'INYAN TEVILAH K'TAMUN DAMI - with regard to immersing in a Mikvah, it is considered "hidden" (and need not have the water of the Mikvah touch it)

23) [line 30] ME'AVRAI - from the outside
24) [line 32] "V'HIZAH HA'TAHOR AL HA'TAMEI..." - "And the person who is Tahor (ritually pure) will sprinkle [the Mei Chatas] on the person who is Tamei (ritually unclean) [on the third day, and on the seventh day; and on the seventh day he shall purify himself, and wash his clothes, and bathe himself in water, and shall be Tahor at evening.]" (Bamidbar 19:19)

25) [line 38] BI'AS MAYIM - (lit. coming into water) immersing in a Mikvah

26) [line 39] KOL HA'RAUY L'VILAH, EIN BILAH ME'AKEVES BO, VESHE'EIN RA'UY L'VILAH, BILAH ME'AKEVES BO
(a) Regarding a Minchah that is a Nedavah (voluntary meal offering), the Torah states "v'Chol Minchah Velulah va'Shemen" (Vayikra 7:10), from which we learn that the oil that is poured onto the Minchah should be mixed throughout. Nevertheless, if the oil wasn't mixed throughout, the Minchah is still Kesheirah.
(b) However, if someone brings so much flour that it is *impossible* for the oil to be mixed throughout, the Minchah is Pesulah. Therefore, the Mishnah (Menachos 103b) states that if someone brings a Minchah to be offered on the Mizbe'ach, it may not contain more than sixty Esronim of flour.
(c) Similarly, even though the tongue or any hidden place of the body does not need to have the water of a Mikvah touch it, it must not have any intervening substances on it that would otherwise invalidate immersion.

25b---------------------------------------25b

27) [line 1] "U'MA'UCH V'CHASUS V'NASUK V'CHARUS [LO SAKRIVU...]" - "[You may not offer any animal that has is crushed by hand or by an instrument, pulled loose or severed...] (Vayikra 22:24) - The Tana'im argue as to whether these blemishes apply to the testicles of the male Ever.

28) [line 6] BEHEMAH GASAH - a large farm animal such as a cow
29) [line 7] MESIRAH - handing over the reins of an animal in order to acquire it (see below, entry #32)

30) [line 7] VEHA'DAKAH - (lit. and the thin) and the Behemah Dakah, a small farm animal such as a sheep

31) [line 7] HAGBAHAH - lifting up an object in order to acquire it (see next entry)

32) [line 8] 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. 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:

  1. Hagbahah, i.e. lifting the item;
  2. Meshichah, i.e. pulling the item or causing it to move;
  3. Mesirah, i.e. handing over the reigns of an animal the tie lines of a boat or a bill of debt (Shtar Chov);
  4. Chatzer, i.e. bringing the item into one's private domain;
  5. Chalipin (exchange or barter), i.e. taking another object to demonstrate one's consent for the Kinyan (or for an agreement).
  6. Agav, i.e. acquiring the moveable object automatically upon the acquisition of land.
(c) 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.).
(d) 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.

33) [line 9] KIMCHUNIYA - a place in Bavel

34) [line 17] 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:

  1. Hagbahah, i.e. lifting the item;
  2. Meshichah, i.e. pulling the item or causing it to move;
  3. Mesirah, i.e. handing over the reigns of an animal or the tie lines of a boat, or a bill of debt (Shtar Chov);
  4. Chatzer, i.e. bringing the item into one's private domain;
  5. Chalipin (exchange or barter), i.e. taking another object to demonstrate one's consent for the Kinyan (or for an agreement).
  6. 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:
  1. Kesef, i.e. paying at least a Perutah's worth of money for the land;
  2. Shtar, i.e. receiving a legal document containing the details of the sale;
  3. Chazakah, i.e. performing an act that is normally performed only by an owner;
  4. 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).

35) [line 17] SOCHER ES MEKOMO (KINYAN AGAV)
See previous entry, (b) 6.

37) [last line] SIMTA - a corner that imerchants withdraw to transact business

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