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Kidushin 37
KIDUSHIN 36-40 - 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 1] ORLAH
(a) In the first three years after a fruit tree is planted, its fruits are
called Orlah and are Asurim b'Hana'ah, as it states in Vayikra 19:23.
(b) If a person eats a k'Zayis of Orlah fruit, he receives Malkos. If he
derives benefit from Orlah (or any other food that is Asur b'Hana'ah),
according to most Rishonim he is punished with Malkos (TOSFOS Chulin 120a DH
Ela), while according to others, he is only punished with Makas Mardus, a
Rabbinic institution of Malkos. (RAMBAM Hilchos Ma'achalos Asuros 8:16 --
see also Mishneh l'Melech to Hilchos Yesodei ha'Torah 5:8)
2) [line 1] KIL'AYIM
(a) It is forbidden to plant different types of crops together (Kil'ei
Zera'im) as it states in the Torah, "Sadecha Lo Sizra Kil'ayim," - "Do not
plant different species (together) in your field." (Vayikra 19:19). The
resulting produce is not Asur b'Hana'ah.
(b) With regard to sowing different types of crops in a vineyard, the verse
states "Lo Sizra Karmecha Kil'ayim, Pen Tikdash ha'Melei'ah ha'Zera Asher
Tizra u'Sevu'as ha'Karem." - "You shall not sow your vineyard with other
species, lest the fruit of the seed which you have sown, and the fruit of
the vineyard, be forfeited." (Devarim 22:9). If one sows Kil'ayim in a
vineyard, the produce becomes prohibited ('Kidesh,' from the word in the
verse, 'Tikdash').
(c) The Mishnayos in Maseches Kil'ayim specify the distance that one must
leave in between different crops.
3) [line 2] CHADASH
(a) Chadash is any grain that has not begun to take root until after the
Korban ha'Omer is brought on the second day of Pesach. This grain may not be
eaten until next year's Korban ha'Omer is brought (or when there is no Beis
ha'Mikdash, until the day that it would have been brought), as it states in
Vayikra 23:14 ("v'Lechem v'Kali v'Charmel Lo Sochlu ...").
(b) Many Rishonim rule that the prohibition of Chadash applies mid'Oraisa
even in Chutz la'Aretz.
4) [line 3] DICHSIV BAH "BI'AH" - in which there is a form of the word
Bi'ah, e.g. "Ki *Savo'u*," "v'ayah Ki *Yevi'acha*," "*b'Vo'achem*," etc.
5) [line 4] PETER CHAMOR
There is a Mitzvah to redeem each firstborn male donkey, as the verse
states, "v'Hayah Ki Yevi'acha HaSh-m El Eretz ha'Kena'ani...v'Chol *Peter
Chamor* Tifdeh v'Seh, v'Im Lo Sifdeh va'Arafto." - "And it shall come to
pass that when HaSh-m brings you to the land of the Kena'ani...And every
*firstborn donkey* must be redeemed with a sheep [that is given to a Kohen].
If it is not redeemed, you must decapitate it." (Shemos 13:11-13)
6a) [line 7] CHOVAS HA'GUF - a Mitzvah that is incumbent upon the person to
perform
b) [line 7] CHOVAS KARKA - a Mitzvah that applies to the land or its
produce
7) [line 9] "ELEH HA'CHUKIM VEHA'MISHPATIM ASHER TISHMERUN LA'ASOS
BA'ARETZ...KOL HA'YAMIM ASHER ATEM CHAYIM AL HA'ADAMAH." - "These are the
statutes and the judgments, which you shall take care to do, in the land,
[which HaSh-m the G-d of your fathers gives you to possess] all the days
that you live upon the earth." (Devarim 12:1)
8) [line 16] "ABED TE'ABDUN ES KOL HA'MEKOMOS ASHER AVDU SHAM..." - "You
shall completely destroy all the places, where [the nations which you shall
possess] served [their gods, upon the high mountains, and upon the hills,
and under every green tree.]" (Devarim 12:2)
9) [line 23] HILCHESA GEMIRI LAH - we know it from the tradition that Moshe
received on Mount Sinai, i.e. it is a Halachah l'Moshe mi'Sinai. (This only
refers to Orlah according to Rebbi Yochanan (below, Daf 38b). Kil'ayim is
either mid'Oraisa, as in grafting, or mi'Divrei Sofrim, as in Kil'ei
ha'Kerem -- RASHASH.)
10a) [line 25] "MOSHAV," L'ACHAR YERUSHAH V'YESHIVAH MASHMA - the word
"Moshevoseichem," ["your settlements" (Vayikra 23:14), in the verse dealing
with the Mitzvah of Chadash,] implies [that this Mitzvah only applies] after
the inheritance and apportionment [of Eretz Yisrael] (i.e. after the seven
years during which they conquered Eretz Yisrael and the seven years during
which they divided the land, in the time of Yehoshua)
b) [line 27] "MOSHAV" B'CHOL MAKOM SHE'ATEM YOSHVIM - the word
"Moshevoseichem," ["your settlements" (Vayikra 23:14), in the verse dealing
with the Mitzvah of Chadash,] implies [that this Mitzvah applies] to any
place that you settle (including Chutz la'Aretz)
11) [line 37] HAREI SHABBOS SHE'NE'EMAR BO MOSHAVOS - but [one of the verses
that mentions] Shabbos also contains that word "Moshevoseichem" - "your
settlements" (Shemos 35:3)
12) [last line] NESACHIM
(a) The Nesachim are wine libations that are brought together with a Korban
Shelamim or Olah, whether the Korban is offered by the Tzibur (Bamidbar
28:11-15, 20-21) or by an individual (Bamidbar 15:3-16). They are brought
along with the Minchas Nesachim, a meal offering that is offered with these
Korbanos.
(b) The amounts of wine, flour and oil vary based upon which animal is being
offered:
1. For a lamb or goat (within its first year): 1/4 Hin of wine; 1 Isaron of
Soles (fine flour) mixed with 1/4 Hin of oil.
2. For a ram (from thirteen months and one day): 1/3 Hin of wine; 2 Esronim
of Soles mixed with 1/3 Hin of oil.
3. For a bull: 1/2 Hin of wine; 3 Esronim of Soles mixed with 1/2 Hin of
oil.
(c) 1 Isaron is approximately 2.16, 2.49 or 4.32 liters, depending upon the
differing Halachic opinions. 1 Hin is approximately 3.6, 4.14 or 7.2 liters,
depending upon the differing Halachic opinions.
37b---------------------------------------37b
13) [line 9] B'KIRVU NESACHIM BAMIDBAR KA MIFLEGEI - they argue as to
whether individuals brought Nesachim with their (generally) voluntary
sacrifices while they were in the desert
14a) [line 12] HAI TANA D'VEI REBBI YISHMAEL - this [teaching of a] Tana
from the Beis Midrash of Rebbi Yishmael
b) [line 12] MAPIK ME'IDACH TANA D'VEI REBBI YISHMAEL - contradicts [the
teaching of] another Tana from the Beis Midrash of Rebbi Yishmael
15) [line 17] MELECH (MINUY MELECH)
With regard to the appointment of a Jewish king, the verse states, "Ki Savo
El ha'Aretz Asher HaSh-m Elokecha Nosen Lach, vi'Rishtah v'Yashavtah Bah;
v'Amarta Asimah Alai Melech...Som Tasim Alecha Melech..." - "When you come
to the land that HaSh-m, your G-d gives you, and you inherit it and you
settle in it, and you say 'I will appoint over me a king...'You shall surely
set over yourself a king..." (Devarim 17:14-15). It is one of the three
Mitzvos that Benei Yisrael were commanded to perform upon entering Eretz
Yisrael (Sanhedrin 20b).
16) [line 17] BIKURIM
(a) The Mitzvah of Bikurim consists of bringing the first fruits to emerge
in one's field every year to the Beis ha'Mikdash. The verse states, "v'Hayah
Ki Savo El ha'Aretz...vi'Rishtah v'Yashavta Bah...v'Lakachta me'Reishis Kol
Pri ha'Adamah..." - "And it shall be that when you come to the land...and
you inherit it and you settle in it. You shall take of the first fruits of
the land..." (Devarim 226:1-2). Each farmer enters the Azarah (courtyard) of
the Beis ha'Mikdash with his Bikurim fruit in a decorative basket. While the
basket is on his shoulder, he recites the *Mikra Bikurim*, specific verses
from Devarim (26:3, 5-10) thanking HaSh-m for taking us out of Egypt and
giving us the land of Yisrael. He then places the basket of fruit at the
base of the southwestern corner of the Mizbe'ach (RAMBAM Hilchos Bikurim
3:12) and bows down before HaSh-m. Afterwards, he gives the Bikurim to a
Kohen (Mishnah Bikurim 3:8, RAMBAM ibid. 3:1).
(b) The Mitzvah of Bikurim applies only to the seven species with which the
land of Eretz Yisrael was blessed (Devarim 8:8) -- wheat, barley, grapes,
figs, pomegranates, olives and dates (Bikurim 1:3, RAMBAM ibid. 2:2).
(Although many other types of produce now grow in Eretz Yisrael, these are
the *only* species of produce truly indigenous to Yisrael. Other,
"immigrant," species can be destroyed by drought or harsh weather, but these
7 species will always be part of the land -- heard once from a leading
botanist -MK.)
(c) In certain instances, the owner only brings the fruit, without reciting
the declaration (Mevi v'Eino Korei). For example, if he brings them between
Sukos and Chanukah, he does not recite the verses (see Gemara Pesachim 36b
and Rashi there).
(d) Kohanim eat the Bikurim within the walls of Yerushalayim. If a person
eats them outside of Yerushalayim after the Bikurim have entered
Yerushalayim (according to the Rambam, or after the Bikurim have entered the
Azarah according to Rashi in Makos 18b), he receives Malkos. They must be
brought back into Yerushalayim and eaten there.
17) [line 20] HAVAH AMINA, BIKURIM D'KA MIS'HANI, L'ALTAR - I might have
said (reasoned) that [the Mitzvos involving the] Bikurim [fruit], from which
one receives benefit, [should apply] immediately
18) [line 26] CHALAH
(a) With regard to the Mitzvah of Chalah, the verses state, "...b'Voachem El
ha'Aretz...Reishis Arisoseichem Chalah Tarimu Serumah..." - "[Speak to the
people of Yisrael, and say to them,] 'When you come into the land [where I
bring you, Then it shall be, that, when you eat of the bread of the land,
you shall offer up an offering to HaSh-m.] You shall offer up a cake of the
first of your dough for an offering; [as you do the offering of the
threshing floor, so shall you present it [to the Kohanim.]" (Bamidbar
15:18-20).
(b) Whenever a person kneads a dough made from one of the five species of
grain (wheat, barley, oats, rye or spelt), he must separate a small portion
to be given to the Kohen, as specified in Bamidbar 15:17-21. This portion is
called Chalah. The requirement to separate Chalah with a Berachah only
applies to a dough made from the volume of 43.2 Beitzim of flour (about 10
1/2 cups or 2.48 liters). An amount about half that much requires Chalah to
be separated without a Berachah. A baker must separate 1/48 of his dough as
Chalah, while a normal homeowner must separate 1/24.
(c) Since regarding Chalah the Torah uses the word "b'Vo'achem" (when you
come) and not the usual "Ki Savo'u" when it describes entering the land of
Yisrael, Chalah differs from other Mitzvos that apply to the land. Most of
those Mitzvos took effect only after the seven years of conquest and the
seven years of apportionment. Chalah, however, was separated as soon as they
entered the Land.
19) [line 30] TIBA'I KIDUSH (KIDUSH BEIS DIN / KIDUSH HA'CHODESH - the
declaration that Beis Din makes to proclaim the new month)
(a) The Hebrew calendar month, which determines the Jewish holidays, begins
with each new revolution of the moon, at the point after it wanes completely
and begins to wax anew.
(b) When the Sanhedrin of the Lishkas ha'Gazis (the Jewish "Supreme Court")
convened in Eretz Yisrael, the new month was fixed and sanctified according
to the testimony of witnesses. A person who sees the moon (as it begins to
grow and is just visible) traveled to the Sanhedrin, or to a Beis Din
appointed by the Sanhedrin, to testify. The place where the Beis Din
convened to accept testimony was known as the Beis ha'Va'ad. Beis Din
cross-examined the witnesses there, and when they were convinced of the
accuracy of the testimonies, they announced the beginning of the new month.
(c) Today, mathematical calculations are used to determine the beginning of
the new month. According to RAMBAM (Hilchos Kidush ha'Chodesh 5:2) it is a
Halachah l'Moshe mi'Sinai to determine the beginning of the month
mathematically when there is no Sanhedrin, and through testimony when there
is one.
(d) Our Gemara rejects the possibility that Shabbos, also, should be subject
to a similar proclamation of Beis Din.
20) [line 31] CHELEV
(a) Chelev refers to the fat of an animal that is offered on the Mizbe'ach.
It consists of the layer of fat covering the stomachs, all the other fat
attached to the stomachs, and the fat on the kidneys along the flanks
(Vayikra 3:4). The verse states, "Chukas Olam l'Doroseichem b'Chol
Moshevoseichem, Kol Chelev v'Chol Dam Lo Socheilu." - "It shall be an
everlasting statute for your generations throughout all your settlements,
that you eat neither [forbidden] fat nor blood." (Vayikra 3:17).
(b) It is forbidden to eat the Chelev of a Kosher Behemah (domesticated
animal), but it may be used for any other purpose. The Chelev of a Chayah (a
Kosher wild animal), however, may even be eaten. "Shuman" refers to all the
other fat of an animal that is permitted.
(c) If a person eats a k'Zayis of Chelev b'Mezid (intentionally) after
Hasra'ah (being forewarned), he is punished with Malkos. If he was not given
Hasra'ah, he is Chayav Kares. If he sinned b'Shogeg (unintentionally) he
must bring a Korban Chatas (as with all sins for which one is liable to
Kares b'Mezid). If a person is in doubt whether the fat he ate was Chelev or
Shuman, he must bring a Korban Asham Taluy (see Background to Nazir 23:2b).
21) [line 31] DAM (ISUR ACHILAS DAM)
(a) It is forbidden to ingest the blood of animals and birds, whether they
are Kosher or non-Kosher. The verse states, "v'Chol Dam Lo Sochelu b'Chol
Moshevoseichem, la'Of vela'Behemah." - "You shall eat no kind of blood,
whether it is of bird or of beast, in any of your settlements." (Vayikra
7:26). Because of this prohibition, slaughtered animals must be salted or
roasted over a fire to remove their blood before they can be cooked and
eaten.
(b) The blood of fish, locusts, Sheratzim (rodents or lizards), insects or
small crawling creatures, and humans is not included in the prohibition of
Dam. However, the blood of non-Kosher fish and locusts is prohibited because
it is a secretion of a non-Kosher creature. The blood of Sheratzim is also
prohibited because it is considered like their flesh. Human blood that has
become separated from the body is prohibited mid'Rabanan (Kerisus 22a).
(c) Blood of an animal may be eaten if it is still inside the raw flesh of
the animal as it was when the animal died or was slaughtered. Only when the
blood has been removed from its original location after the animal's death,
for example, by being cooked or boiled, does the blood become prohibited
(TOSFOS to Chulin 14a DH v'Nasvin).
(d) If a person ingests a k'Zayis of blood b'Mezid (intentionally) after
Hasra'ah (being forewarned), he is punished with Malkos. If he was not given
Hasra'ah, he is Chayav Kares. If he sinned b'Shogeg (unintentionally) he
must bring a Korban Chatas (as with all sins for which one is liable to
Kares b'Mezid). If the blood did not pour from the animal's major arteries
but rather ws inside the animal's limbs when it died (Dam Evarim), the
punishment of Kares does not apply. If it dripped from a major artery after
the min flow subsided (Dam ha'Tamtzis), the Tana'im argue whether the
punishment of Kares applies (Kerisus 20b).
22a) [line 35, 37] MATZAH U'MAROR (PESACH)
(a) It is a Mitzvah for all Jews to offer a Korban Pesach on the fourteenth
of Nisan in the afternoon, as it states in the Torah, "and the whole
assembly of the congregation of Yisrael shall slaughter it towards evening."
(Shemos 12:6). The Pesach is an unblemished male lamb or goat within its
first year that is roasted in its entirety. It is eaten with Matzah
(unleavened bread) and Maror (bitter herbs), as the verse states, "And they
shall eat the meat in that night, roast with fire, and Matzos; and with
Merorim they shall eat it." (ibid. 12:8).
(b) An adult (who was Tahor and was not far from the Beis ha'Mikdash on the
fourteenth of Nisan) who willfully did not offer the Korban Pesach is liable
to the Kares punishment.
(c) In order to eat from the Korban Pesach, a person must be "appointed" to
the Korban before it is slaughtered. This appointment is called "Minuy."
Each Pesach must have appointed to it people who are able to eat at least a
k'Zayis of the meat on the night of the fifteenth of Nisan. The Korban is
sacrificed in the name of all the people who were appointed for that
specific Pesach animal. The people appointed to the Pesach then eat at least
a k'Zayis of the Pesach together in a "Chaburah." (Some Tana'im maintain
that a single Pesach may be split into many Chaburos eating in different
places -- Pesachim 86a.) No bones of the Pesach are allowed to be broken
(Shemos 12:46).
(d) The verses limit the people who are permitted to eat the Korban Pesach.
Nochrim, people who are Tamei and men who are uncircumcised are prohibited
from eating the Korban Pesach (Shemos 12:43-44).
(e) The word "Moshevoseichem" appears in a verse regarding Matzah, "Kol
Machmetzes Lo Socheilu, b'Chol Moshevoseichem Tochelu Matzos." - "You shall
eat nothing leavened; in all your settlements you shall eat Matzos." (ibid.
12:20). (It is not written with regard to Maror; Maror is only mentioned in
our Gemara by force of habit, since Matzah and Maror appear together often.
Actually, Maror is mid'Rabanan nowadays -- RASHASH)
b) [line 35] MAROR - (O.F. amerfoil) burdock; alternatively, (O.F.
forferez) a plant with a bitter fluid
23) [line 36] "...AL MATZOS U'MERORIM YOCHELUHU" - "[In the second month
(Iyar), on the fourteenth day in the afternoon they shall do it;] with
Matzos and bitter herbs they shall eat it." (Bamidbar 9:10-11) - (See
RASHASH to Pesachim 115a DH Amru Alav Al Hilel as to why the verse for
Pesach Sheni is brought and not the similar verse regarding Pesach Rishon,
Shemos 12:8).
24) [line 40] ASEH MITZVAH ZU, SHE'BISHVILAH TIKANES LA'ARETZ - do this
Mitzvah so that [in its merit] you shall enter the Land
25) [line 43] "VA'YOCHLU ME'AVUR HA'ARETZ MI'MACHARAS HA'PESACH [MATZOS
V'KALUY; B'ETZEM HA'YOM HA'ZEH]." - "They ate from the grain of the land on
the day after the [offering of the Korban] Pesach, [Matzos and roasted
grain; on this very day]." (Yehoshua 5:11)
26) [last line] MI'MACHARAS HA'PESACH ACHUL, ME'IKARA LO ACHUL - they ate of
the new grain only after the 16th of Nisan, and not before (a proof that the
Mitzvah of Chadash applied as soon as they entered the land)
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