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Kidushin 34
KIDUSHIN 32-35 - Ari Kornfeld has generously sponsored the Dafyomi
publications for these Dafim for the benefit of Klal Yisrael.
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1) [line 1] TEFILIN (MITZVAS ASEH SHEHA'ZEMAN GERAMA)
(a) Mitzvos which must be performed at a specific time of the day are called
Mitzvos Aseh sheha'Zeman Geraman. Some examples are Sukah, Lulav, Shofar
and Tzitzis. Women are exempt from these Mitzvos, with the exception of
Kidush on Friday night, Matzah on Pesach night, the Korban Pesach, Hakhel
and Simchah on Pesach, Shavu'os and Sukos.
(b) There is a Machlokes Tana'im whether Tefilin should be worn on Shabbos
and at night as well (see Shabbos 61a, 62a, and Eruvin 96a). The Halachah
follows the opinion that they should not be worn on Shabbos or at night.
Women, therefore, are exempt, as in all Mitzvos Aseh sheha'Zeman Geraman.
2) [line 2] MEZUZAH (MITZVAS ASEH SHE'LO HA'ZEMAN GERAMA) - the Mitzvah to
affix a Mezuzah to the doorposts of one's home (Devarim 6:9) applies at all
times and is not limited to any particular time, and therefore a woman is
obligated in this Mitzvah, as in all Mitzvos Aseh she'Lo ha'Zeman Geraman.
3) [line 2] MA'AKEH - a fence or guardrail
The Torah (Devarim 22:8) commands that a fence be built around the roof of
one's home (or balcony) in order to prevent one from falling off. This
Mitzvah applies at all times and is not limited to any particular time, and
therefore a woman is obligated in this Mitzvah, as in all Mitzvos Aseh
she'Lo ha'Zeman Geraman.
4) [line 2] AVEIDAH - a lost object
The Torah (Devarim 22:1-3) commands that a person who finds a lost object
must return it to the owner. This Mitzvah applies at all times and is not
limited to any particular time, and therefore a woman is obligated in this
Mitzvah, as in all Mitzvos Aseh she'Lo ha'Zeman Geraman.
5) [line 2] SHILU'ACH HA'KEN
It is forbidden to take a mother bird that is sitting on her nest together
with the eggs or baby birds; rather, he must first *send* the mother away as
prescribed in Devarim (22:6). This is a Mitzvas Aseh that is not limited to
any particular time, and therefore a woman is obligated in this Mitzvah, as
in all Mitzvos Aseh she'Lo ha'Zeman Geraman.
6) [line 3] MATZAH
The Mitzvah to eat Matzah (Shemos 12:18) is time-bound, limited to the night
of Pesach. Nevertheless, women are obligated in this Mitzvah, even though it
is a Mitzvas Aseh sheha'Zeman Gerama. The reason is because the verse that
commands against eating Chametz on Pesach also commands the obligation to
eat Matzah (Devarim 16:3). The Gemara (Pesachim 43b) derives from this
Hekesh that those who are obligated to observe the Lo Sa'aseh of not eating
Chametz (i.e. everyone, including women) are also obligated to observe the
Mitzvas Aseh of eating Matzah.
7) [line 3] SIMCHAH
The Torah (Devarim 16:14) requires that all of the Jews be happy on the
festivals. Buying food and clothing that cause one to be happy, each person
according to his taste, fulfills this Mitzvah. Even though this Mitzvah is a
Mitzvas Aseh sheha'Zeman Gerama, women are obligated in its fulfillment,
because the verse there states, "And you shall rejoice on your festival --
you and your son and your daughter."
8) [line 3] HAKHEL
All of the Jewish people are obligated in the Mitzvah of Hakhel once every
seven years, as it states in Devarim 31:10-13, "At the end of every seven
years, in the Shemitah year, during the festival of Sukos, when all of
Yisrael comes to appear before HaSh-m in the place which He shall choose,
you shall read this Torah before all of Yisrael. Gather the people together,
men, women and children... that they may hear, and learn, and fear HaSh-m,
your G-d, and observe all the words of this Torah." This takes place in the
Beis ha'Mikdash on the second day of Sukos in the year following the
Shemitah year. During Hakhel, the King reads from the Torah portions of
Devarim, as specified in the Mishnah (Sotah 41a). Even though this is a
Mitzvas Aseh sheha'Zeman Gerama, women are obligated, for the verse
specifically includes them in the Mitzvah.
9) [line 4] TALMUD TORAH
Even though the Mitzvah of learning Torah is a Mitzvas Aseh she'Lo ha'Zeman
Gerama and is not limited to any specific time, women are nevertheless
exempt from the Mitzvah, as the Gemara derives earlier (29a).
10) [line 5] PIRYAH V'RIVYAH
Even though the Mitzvah of having children (literally, being fruitful and
multiplying) is a Mitzvas Aseh she'Lo ha'Zeman Gerama and is not limited to
any specific time, women are nevertheless exempt from the Mitzvah (according
to the majority opinion in the Mishnah in Yevamos 65b). The reason is
because there is a Hekesh in the verse (Bereishis 1:28) linking the Mitzvah
to procreate with the command to conquer the earth. The Gemara teaches that
since it is not the manner for women to conquer the earth, they are also
exempt from the Mitzvah of procreating.
11) [line 5] PIDYON HA'BEN
Even though the Mitzvah of redeeming a firstborn son is a Mitzvas Aseh
she'Lo ha'Zeman Gerama and is not limited to any specific time, women are
nevertheless exempt from the Mitzvah, as the Gemara derives earlier (29a).
(See Background to Kidushin 29:7)
12a) [line 8] BA'KOL ME'ARVIN - an Eruv can be made with any type of food
(RASHI (Eruvin 26b) claims that this refers to Eruvei Chatzeiros and Eruvei
Techumin (see next two entries). TOSFOS and other Rishonim state that this
refers to Eruvei Techumin only; Eruvei Chatzeiros can only be made with
bread)
b) [line 8] ME'ARVIN (ERUVEI TECHUMIN)
(a) A person is only allowed to walk a distance of 2000 Amos, approximately
960 meters (3147 feet) or 1,152 meters (3774 feet), depending upon the
differing Halachic opinions, from his city or dwelling place (if he is not
in a city) on Shabbos or Yom Tov. If he wants to walk another 2000 Amos, he
must make an Eruv Techumin.
(b) This is accomplished by placing an amount of food that would be used for
two meals nearly 2000 Amos away from his present location, in the direction
in which he wishes to walk. The location where his food is placed is
considered his new dwelling or *place of Shevisah* for that Shabbos or Yom
Tov, and he may walk 2000 Amos in any direction from there.
c) [line 8] ME'ARVIN U'MISHTATFIN (ERUVEI CHATZEIROS / SHITUFEI MAVO'OS)
(a) THE TORAH LAW - According to Torah law, in a courtyard (Chatzer) that
has in it houses owned by different people, all of the neighbors may
transfer objects from their houses to the courtyard and into other houses on
Shabbos. Even though each house is a separately owned Reshus ha'Yachid and
the Chatzer is a jointly owned Reshus ha'Yachid, it is permissible to move
objects from one Reshus ha'Yachid to another.
(b) ERUV CHATZEIROS AND SHITUFEI MAVO'OS - King Shlomo decreed that
transferring objects from one Reshus ha'Yachid to another is forbidden
unless an *Eruv Chatzeiros* (lit. a mixing of the courtyard, Rambam Hil.
Eruvin 1:6; or fraternization of the courtyard, Eruvin 49a) is created on
Friday, before Shabbos begins (Shabbos 14b, Eruvin 21b). The equivalent of
an Eruv Chatzeiros for an alley or a city is called a *Shituf Mavo'os*. This
is accomplished by all of the neighbors collectively setting aside a loaf of
bread, in one common container, in one of the houses of the courtyard (or,
in the case of Shituf, in one of the courtyards of the alleyway). This shows
that all neighbors have an equal share in all of the Reshuyos ha'Yachid,
just as they all have a share in that bread. Through this act, they can be
considered one Reshus again. (RAMBAM ibid. 1:4-9)
13) [line 10] KEMEIHIN U'FITRIYOS - types of boletes, such as mushrooms,
morels and truffles
14a) [line 18] PARSHAH RISHONAH - the first paragraph of Keri'as Shema
(Devarim 6:4-9)
b) [line 18] PARSHAH SHENIYAH - the second paragraph of Keri'as Shema
(Devarim 11:13-21)
15) [line 25] "[BA'SUKOS TESHVU SHIV'AS YAMIM, KOL] HA'EZRACH [B'YISRAEL
YESHVU BA'SUKOS]" - "[In Sukos you shall dwell for seven days, every]
citizen [of Yisrael shall dwell in Sukos]." (Vayikra 23:42) - The Gemara
(28a) derives from the extra letter "Heh" of "ha'Ezrach" that women are
exempt from the Mitzvah of Sukah.
34b---------------------------------------34b
16) [line 1] NEILAF "CHAMISHAH ASAR" "CHAMISHAH ASAR" ME'CHAG HA'MATZOS - we
should derive from Pesach [that women are obligated in the Mitzvah of Sukah]
through a Gezeirah Shavah of "the fifteenth" (written with regard to Sukos)
and "the fifteenth" (written with regard to Pesach)
17) [line 3] RE'IYAH
Every Jewish male is required to appear before HaSh-m in the Azarah
(courtyard) of the Beis ha'Mikdash and to bring a Korban Re'iyah on Pesach,
Shavu'os and Sukos (Devarim 16:16). The Korban Re'iyah is a Korban Olah. If
the Korban was not brought on the first day of the festival, it may be
brought on any of the other six days of Pesach. On Sukos it may be brought
on the first day or the next seven days. On Shavu'os it may be brought on
Shavu'os or on the six days following the festival. Beis Hillel rule that
the minimum amount that one must spend for a Korban Re'iyah is one Me'ah
(Chagigah 2a).
18) [line 5] "ZECHURCHA" - "[Three times in the year all of] your males
[shall appear before the L-rd, HaSh-m." (Shemos 23:)
19) [line 8] ISHAH BA'ALAH MESHAMCHAH - a woman's husband is obligated to
ensure that she rejoices on the festival. The woman herself has no
independent Mitzvah to rejoice.
20) [line 9] BI'SHERUYAH ETZLO - who stays with him (a householder who
supports her)
21) [line 11] KOL SHNEI CHESUVIM HA'BA'IM K'ECHAD, EIN MELAMDIM - we do not
learn from two subjects that express the same Halachah (lit. that come
together)
(a) A Binyan Av (lit. 'building through a father,' -- father in this sense
means a Biblical source), is a rule of Biblical interpretation in which one
subject is deemed a prototype in order to apply a Halachah stated by that
subject to other comparable subjects.
(b) If two verses express the same Halachah regarding two different
subjects, we cannot apply the Halachah elsewhere through a Binyan Av.
Through the fact that the Torah found it necessary to repeat the law the
second time, we may deduce that the Halachah is *not* meant to be applied
automatically in all situations.
22) [line 22] TEFALIM - children (dependent on their parents)
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