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Kidushin 28
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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.
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1) [line 1] MAMON SHE'NITAN L'HITAVA B'ED ECHAD (MODEH B'MIKTZAS HA'TA'ANAH)
If a person admits that he owes part of a claim, the Torah suspects that the
person wants to temporarily postpone part of the payment but does not have
the audacity to completely deny the claim. He is therefore required to take
an oath, mid'Oraisa, on the part he denies (Shemos 22:8), or otherwise he
must pay the entire amount being claimed.
2) [line 3] VADAI - when the litigant's claim is certain (a "Ta'anas Bari")
3) [line 3] SAFEK - when the litigant's claim is uncertain (a "Ta'anas
Shema")
4a) [line 4] BA'CHUTZ - outside [of the Azarah (courtyard) of the Beis
ha'Mikdash] (i.e. any oath other than the oath of a Sotah)
b) [line 4] BIFNIM - inside [of the Azarah (courtyard) of the Beis
ha'Mikdash] (i.e. the oath of a Sotah)
5) [line 9] SHEMUTEI MESHAMTINAN LEI - we excommunicate his (see Background
to Kidushin 12:34b)
6) [line 10] SOFEG ES HA'ARBA'IM (MAKAS MARDUS)
Beis Din has the power to inflict lashes upon a person when lashes
mid'Oraisa cannot be instituted. These lashes are called Makas Mardus (lit.
lashes for rebelliousness) and may be unlimited in number. (See Insights to
Chulin 110:1 for a discussion of the various opinions regarding how Makas
Mardus is administered.)
7) [line 11] RASHA - if someone called a fellow Jew a Rasha (a wicked
person)
8) [line 11] YORED IMO L'CHAYAV - he (the offended party) is permitted to
use every effort to cause that person a loss and to annoy him at every
opportunity
9) [line 14] EVED IVRI GUFO KANUY - (lit. the person of an Eved Ivri is the
property of his master) the Eved Ivri (see Background to Kidushin 20:3) is
Halachically effected when he is purchased (See Insights to Kidushin 21:).
10) [line 17] B'TZIN'A - in private
11) [line 17] LEIS LEI KOLA - (lit. it has no voice) the information [about
the sale] will not become well known
12) [line 19] KOL HA'NA'ASEH DAMIM B'ACHER - anything is used as payment for
another object, i.e. money, and specifically, coins
13) [line 19] KEIVAN SHE'ZACHAH ZEH, NISCHAYEV ZEH B'CHALIPAV - as soon as
this one (the seller) obtains [it (the object used for Chalipin)], this one
(the buyer) acquires the purchased item wherever it is, and is obligated to
pay for it in full, even if it is damaged or lost from that point on (lit.
is responsible for the item that he receives in exchange)
14) [last line] KOL HA'NISHOM DAMIM B'ACHER - anything that is assessed as
an equivalent for another object, i.e. a barter and not a sale for cash.
This includes all Metaltelin (mobile goods) except for coins
28b---------------------------------------28b
15) [line 4] PEIROS - fruits, produce
16) [line 14] ALIYAH - the loft
17a) [line 21] RESHUS HA'GAVO'AH B'CHESEF - Hekdesh acquires with money to
the extent that the sale is irrevocably binding
b) [line 21] RESHUS HA'HEDYOT B'CHAZAKAH - an private citizen acquires
with a Kinyan Chazakah (for immobile goods -- see Background to Kidushin
22:21:c:3 -- and with a Kinyan Meshichah -- see Background to Kidushin
22:22 -- for mobile goods)
18) [line 22] AMIRASO LA'GAVO'AH, K'MESIRASO L'HEDYOT
The act of proclaiming something as Hekdesh accomplishes the same thing as
physically handing something over to a private citizen (i.e. through speech
one can make a Kinyan to Hekdesh)
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