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Kidushin 38
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] AKRUV OMER (KORBAN HA'OMER)
(a) There is a Mitzvah to bring the Korban ha'Omer on the second day of
Pesach. A large quantity of barley is reaped after nightfall after the first
day of Pesach. At this time the grain is still moist, and the process of
extracting one Omer (approximately 2.2, 2.5 or 4.3 liters, depending upon
the differing Halachic opinions) of barley flour is extremely difficult. The
flour is baked and offered as a Korban Minchah on the 16th of Nisan. It is
also referred to as the Minchas Bikurim -- Vayikra 2:14-16).
(b) In addition, a lamb is offered as an Olah, as it states in Vayikra
23:12.
(c) The Korban ha'Omer is the first offering of the new grain of the year
(Chadash), and as such it removes the prohibition against eating from the
new grain.
2) [line 4] "ERETZ NOSHAVES" - "an inhabited land" (Shemos 16:35)
3) [line 4] MAN - manna, the heavenly bread that Benei Yisrael ate in the
desert
4) [line 10] HAYU MISTAPKIN - they were able to make do
5) [line 13] ARBA'IM SHANAH CHASER SHELOSHIM YOM ACHLU! - They actually ate
the Man for forty years less one month!
6) [line 14] UGOS SHE'HOTZI'U MI'MITZRAYIM - the Matzos that they baked on
the morning of the Exodus from Egypt
7) [line 21] "IVRU B'KEREV HA'MACHANEH V'TZAVU ES HA'AM LEMOR, 'HACHINU
LACHEM TZEIDAH KI B'OD SHELOSHES YAMIM (TA'AVRU) [ATEM OVRIM] ES
HA'YARDEN...'" - "Pass through the camp, and command the people, saying,
'Prepare provisions; for within three days you shall cross over this River
Yarden, [to go in to possess the land, which HaSh-m your G-d gives you to
possess." (Yehoshua 1:11)
8) [line 26] L'MAFRE'A - backwards
9) [line 35] V'HU HA'DIN SHE'YINHAGU - and it is a Kal va'Chomer that they
(Kil'ayim and Orlah) should apply [in Eretz Yisrael as well as in Chutz
la'Aretz]
10a) [line 36] EIN ISURO ISUR OLAM - it is not prohibited forever (but
rather, the new grain is forbidden to be eaten until the end of the 16th of
Nisan, after which it becomes automatically permitted)
b) [line 37] YESH HETER L'ISURO - it can become permitted even before it
automatically becomes permitted, by bringing the Korban ha'Omer (see
Insights)
11) [last line] V'HU HA'DIN L'ORLAH BI'SHETAYIM - and similarly with regard
to Orlah, however the comparison only exists on two counts, i.e. Orlah is
Asur b'Hana'ah and there is no Heter for its Isur during the time of the
Isur (the first three years after the tree is planted). However, its Isur is
not an Isur Olam, because whatever grows after the first three years is
permitted.
38b---------------------------------------38b
12) [line 4] HASHMATAS KESAFIM
(a) The Torah requires that all loans shall be canceled every seventh year,
as it states in Devarim 15:2, "Shamot Kol Ba'al Masheh Yado" - "Every
creditor who lends anything to his neighbor shall release it." To demand
payment of a loan after the Shemitah year is a violation of the prohibition
of "Lo Yigos Es Re'ehu v'Es Achiv" - "he shall not exact it of his neighbor
or of his brother" (ibid.). Most Rishonim rule that the Shemitah year
cancels loans at the *end* of the year, on the last day of the month of
Elul. (RAMBAM Hilchos Shemitah v'Yovel 9:1-4).
(b) Hashmatas Kesafim applies mid'Oraisa only when the Yovel year is in
practice. Mid'Rabanan it applies today, whether inside or outside of Eretz
Yisrael.
13) [line 4] SHILU'ACH AVADIM (EVED IVRI - a Jewish slave)
(a) There are two ways that a Jewish man can be bought as a slave by another
Jew. Either he may sell himself because he is destitute, or he may be sold
by Beis Din to pay back a theft. During his term as a slave, his master must
support his family (Kidushin 22b). The master may not make his Eved Ivri do
disgraceful work for him, nor may he treat him as one normally treats a
slave. For example, if the master only has one pillow, he must give it to
his Eved Ivri rather than keep it for himself (Kidushin 20a).
(b) If the slave was married before he was sold, the master has the right to
give him a Nochri maidservant to bear him children who will become the
slaves of the master (Shemos 21:4). (One who is not an Eved Ivri is
forbidden to have relations with a maidservant.)
(c) An Eved Ivri is obligated to work for his master for only six years
(Shemos 21:2) or until the Yovel year, whichever comes first (Kidushin 14b,
16a). At any time during his term, he may go free if he or someone else pays
his master the money remaining from the sum that the master paid for him,
prorated to the amount of time that he worked. If at the termination of six
years he expresses his desire to continue life as a slave, the master takes
the slave to Beis Din, and stands the slave near a doorpost and pierces his
right ear and the door with an awl. This is known as Retzi'ah, and an Eved
Ivri upon whom this is performed is called a "Nirtza." A Nirtza slave must
continue to serve his master until the Yovel year (ibid. 21:6) or until his
master dies. Whenever an Eved Ivri goes free, under most circumstances his
master must give him monetary gifts valued at 15, 30 or 50 Sela'im,
according to the various opinions (Kidushin 17a). This is known as Ha'anakah
(Devarim 15:14).
(d) The Gemara (Kidushin 14b) cites a Tana that distinguishes between the
Halachos of an Eved Ivri who sold himself and an Eved Ivri who was sold by
Beis Din. According to this Tana, some of the above-mentioned Halachos do
not apply to an Eved Ivri who sold himself. (For example, he cannot become a
Nirtza, he does not receive Ha'anakah, etc.)
14) [line 8] "V'ZEH DEVAR HA'SHEMITAH SHAMOT [KOL BA'AL MASHEH YADO ASHER
YASHEH B'RE'EHU; LO YIGOS ES RE'EHU V'ES ACHIV, KI KARA SHEMITAH
LA'SH-M.]" - "And this is the manner of the "release" of the Shemitah year:
[Every creditor who lends anything to his neighbor shall] release [it; he
shall neither exact it of his neighbor nor of his brother; because it is
called HaSh-m's Release.]" (Devarim 15:2)
15) [line 10] SHEMITAS KARKA (SHEVI'IS)
(a) The Torah requires that farmers desist from working the land every
seventh year, as described in Vayikra 25:1-7. The fruits that grow during
the seventh (Shevi'is) year are holy to the extent that 1. they must be
considered ownerless; anyone may come into any field and pick the fruit that
he intends to eat. 2. The fruits may not be bought and sold in a normal
fashion (see Insights to Sukah 39:2). 3. The Torah requires that the fruits
of Shevi'is be used only for eating or drinking (in the normal manner of
eating for that type of fruit) or for burning to provide light (in the case
of oil). They may not be wasted or used for medicinal purposes or animal
fodder, etc.
(b) Avkah Shel Shevi'is refers to the less severe prohibitions associated
with Shevi'is, such as buying or selling produce of Shevi'is. The Torah
writes that the produce of Shevi'is is ours to be eaten (Vayikra 25:6).
Chazal infer from this, "To be eaten, but not to be traded" (see a:1 above).
This prohibition is referred to as "Avkah Shel Shevi'is," even though it is
forbidden mid'Oraisa, since the main prohibitions of Shevi'is involve
actually working the ground (Tosfos to Erchin 30b DH Kamah).
(c) The Shemitah year is meant to teach the Jewish people to rely on HaSh-m
for their sustenance, a fact that is not always clear to them during the six
years in which they work their own fields.
16) [line 18] "U'KRASEM DROR BA'ARETZ" - "and proclaim liberty throughout
the land" (Vayikra 25:10)
17) [line 21] DROR (YOVEL)
(a) The year after 7 Shemitah cycles of 7 years each is called the Yovel
year. There is an argument among the Tana'im as to whether the 50th year is
not counted as one of the years of Shemitah, or whether it is part of the
count and is itself *both* the Yovel and the 1st year of the next Shemitah
cycle.
(b) The Halachos of the Shemitah year apply in the Yovel year with regard to
not working the land and maintaining the sanctity of the fruits that grow
(see Background to Nedarim 57:3). In addition, at the start of the Yovel
year, all Jewish slaves (Eved Ivri, see above, entry #12) are set free and
all properties that were sold since the previous Yovel year are returned to
their original owners. On Yom ha'Kipurim of the Yovel Year, Beis Din blows a
Shofar to denote that the time has come to set free all of the slaves, as
the Torah states in Vayikra 25:9.
(c) There is an argument among the Tana'im as to what is considered the
beginning of the Yovel year. According to the Chachamim, Yovel starts with
the Shofar blast of Yom ha'Kipurim. According to Rebbi Yochanan ben Berokah,
it begins at Rosh ha'Shanah, and the Shofar blast only denotes the
completion of the process of freeing the slaves (Rosh Hashanah 8b).
18) [line 24] HA'KIL'AYIM MI'DIVREI SOFRIM - Kil'ayim in Chutz la'Aretz is
only forbidden mid'Rabanan
19) [line 26] HILCHESA MEDINAH - the inhabitants of Chutz la'Aretz accepted
it upon themselves as the custom (RASHI)
20) [line 31] YORED V'LOKE'ACH, U'VILVAD SHE'LO YIR'ENU LOKET - The Halachah
of Safek Orlah in Chutz la'Aretz is more lenient than in Syria. The
Torah-observant Jew is allowed to buy produce from a Nochri farmer or a
farmer who is suspected of selling Orlah fruits, as long as he does not
actually see him picking from the trees that are less than three years old.
In Syria, Safek Orlah fruits are only permitted if they are already picked
(RASHI)
21) [last line] YORED V'LOKET, U'VILVAD SHE'LO YILKOT B'YAD - The Halachah
of Safek Kil'ayim in Chutz la'Aretz is more lenient than the Halachah of
Safek Orlah. The Torah-observant Jew is allowed to buy produce from a Nochri
farmer or a farmer who is suspected of selling Kil'ayim fruits who has
picked the Safek Kil'ayim, as long as the Torah-observant Jew does not
actually pick the fruits himself. (RASHI)
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