BACKGROUND ON THE DAILY DAF
brought to you by Kollel Iyun Hadaf of Har Nof
Ask A Question on the daf
Previous daf
Kidushin 44
KIDUSHIN 44 - dedicated by Rav Mordechai Rabin (London/Har Nof), in honor of
the Yahrzeit of his mother (28 Sivan).
|
1) [line 1] KETANAH MIN HA'EIRUSIN (SHOMERES YAVAM)
(a) If a married man dies childless, his widow must undergo Yibum (the
marriage of a dead man's brother with his wife), as it states in Devarim
25:5-10. While the Yevamah is waiting for Yibum to be performed, she is
called a Shomeres Yavam. (See Background to Kidushin 17:18.)
(b) When a man marries off his daughter who is a Ketanah (a girl under the
age of 12), with Eirusin, and then she is widowed, her father retains the
rights to marry her off. He may perform Ma'amar for her, betrothing her with
Eirusin to one of the brothers of her deceased husband, by accepting money
or a Shtar from one of them.
2) [line 9] HASAM B'MA'AMAR BE'AL KORCHAH - there (the Beraisa) is
discussing Ma'amar that is done against her (the Na'arah's) will
3) [line 26] HO'IL U'ZEKUKAH V'OMEDES - since she is already bound [to her
Yavam, by virtue of her marriage to his brother who has died] (Ma'amar
therefore is different from Geirushin and Kidushin)
(a) If a married man dies childless and has brothers who survive him, his
widow or widows may not remarry until one of her husband's brothers performs
Yibum (levirate marriage) or Chalitzah (levirate release) with one of them,
as it states in Devarim 25:5-10.
(b) The *connection* of the live brother or brothers to the dead man's wife
or wives, which prevents the wives from marrying without Yibum or Chalitzah,
is called Zikah and the wife is called a "Zekukah." Zikah is comparable to
the state of Eirusin (betrothal) before a marriage. Another name for the
widow who awaits Yibum or Chalitzah is a "Shomeres Yavam." (See Background
to Kidushin 17:18.)
4) [line 32] HA'OMER L'ISHAH HISKADSHI LI BI'TEMARAH ZO, HISKADSHI LI B'ZO -
one who [gives two dates to and] says to a woman, "Become betrothed to me
with this (first) date, become betrothed to me with this (second date)" (the
Kidushin takes effect only if either date, by itself, is worth at least a
Perutah; since he said two phrases of "become betrothed to me," each one is
a separate act of Kidushin, and thus the two dates cannot be combined to
equal a Perutah)
5) [line 33] MAN TANA HISKADSHI HISKADSHI - who is the Tana who taught the
case of "Hiskadshi, Hiskadshi" (see previous entry)?
6) [line 34] AD SHE'YOMAR SHEVU'AH L'CHOL ECHAD V'ECHAD - until he says "[I
hereby make a] Shevu'ah" to each and every one (SHEVU'AS HA'PIKADON)
(a) If one of the litigants in a court case claims that his opponent owes
him money or is unjustly holding onto an item that belongs to him, the
claimant has the right to force the accused to take an oath that he holds no
such money. The oath that the accused takes to assert that he is not
harboring any money or item is called a Shevu'as ha'Pikadon. If the accused
later admits to his sin, he must return what he stole, pay a fine of Chomesh
(a fifth of the ensuing total, or a *fourth* of the original value of the
money he withheld) and bring a Korban Asham to receive atonement (Vayikra
5:20-26).
(b) If five different claimants accuse him of unjustly holding onto items
that belong to them, and he makes a false oath that he is not holding their
items, he must bring a Korban Asham for each oath, but only if he said the
words, "I swear...," to each one. If he said to all of them, "I swear that I
have nothing of yours in my possession," then he only brings one Korban
Asham.
7) [line 35] PERATEI - specific statements (that separate each statement
into an act of Kidushin unto itself in the case of "Hiskadshi, Hiskadshi,"
or that separate each statement into a Shevu'ah unto itself in the case of
"Shevu'ah")
8) [line 35] ZEH HA'KELAL: KALAL, EINO CHAYAV ELA ACHAS; PARAT, CHAYAV AL
KOL ACHAS V'ACHAS - this is the rule: if he included [all of the denials in
one statement,] he is only obligated [to bring] one [Korban Asham]; if he
specified [each denial in a separate statement], he is obligated for each
and every one [a separate Korban Asham]
9) [line 40] LO AL - did not go up
10) [line 42] CHAVRUSA KULA K'REBBI YOCHANAN - the entire group is [holding]
like Rebbi Yochanan (who says that the Rabanan agree with Rebbi Yehudah that
only the father may accept the Na'arah's Kidushin)
11) [line 42] V'TZAVACH REISH LAKISH KI KERUCHIYA, "V'YATZ'AH V'HAYESAH" -
and Reish Lakish shouted like a crane, "[It is written in the verse,]
v'Yatz'ah v'Hayesah" (a Hekesh in Devarim 24:2) linking the laws of Kidushin
with the laws of Gerushin)
12) [line 43] V'LEIKA D'ASHGACH BEI - but nobody paid attention to him
13) [line 43] AMAR LEI, "REBBI AVIN BAR SAMCHA HU?" - he (Rebbi Asi) said to
him (Rebbi Zeira), "Is Rebbi Avin one upon whom to rely?"
14) [line 44] IN, K'MIN YAMA L'TIGNI HU - [Rebbi Zeira answered:] (a) "Yes,
like [a fish] from the sea to the frying pan" (i.e. Rebbi Avin is reliable,
for there was no tisme for him to forget the teaching, because as soon as he
heard it and left the Beis Midrash, he told it to me immediately) (RASHI),
(b) "Yes, like [one who reports something] from Yama (the name of a place)
to Tigni (a nearby place)" (i.e. Rebbi Avin is reliable, for he would not
lie because it is easy to find out the truth) (RABEINU CHANANEL, cited by
Tosfos)
44b---------------------------------------44b
15) [line 2] K'CHATZER AVIHA DAMYA? (KINYAN CHATZER) - is she (the Na'arah)
like the courtyard of her father?
(a) When a person buys or sells an object, he must make a Ma'aseh Kinyan (a
formal Halachically-binding act denoting the change in status). The forms of
Ma'aseh Kinyan that may be used for Metaltelin (mobile items) are: - 1.
Hagbahah, i.e. lifting an item; 2. Meshichah (lit. pulling), i.e. causing an
item to move; 3. Chatzer, i.e. bringing the item into one's domain; 4.
Chalipin (barter); 5. Mesirah, i.e. handing over the reigns of an animal or
the tie-lines of a boat;
(b) The Torah gives to the father of a Na'arah the right to accept Kidushin
for her. Likewise, the Torah gives him the right to accept a divorce for
her. According to the opinion that a Na'arah may also accept a Get for
herself, the Gemara asks whether her ability to accept a Get for herself is
because she is like the *Chatzer* of her father, in which case she *cannot*
appoint a Shali'ach to accept it, or whether her ability to accept a Get for
herself is because she is like an extension of the *hand* of her father,
then she may appoint a Shali'ach to accept it (just like the father may).
(See Insights to Kidushin 44:1.)
16) [line 8] NEI'OR - awake
17) [line 9] CHATZER MISHTAMERES SHE'LO L'DA'ATAH - it is a courtyard (i.e.
any private property) that is not being protected as a result of her (i.e.
the owner's) authority
18) [line 13] MI ALIMA - is she as strong
19) [line 14] (EIN) [EINAH] OSAH SHALI'ACH - she cannot make a Shali'ach (to
accept her Get) (the Girsa change is from the YA'AVETZ)
20) [line 27] MI'UN
(a) The Torah gives a father the right to marry off his daughter at any age
before she is twelve years old.
(b) If she was divorced or widowed or her father died without marrying her
off, the Chachamim gave the girl's mother and/or oldest brother the right to
marry her off. In these cases the marriage is only mid'Rabanan and she must
be at least ten years old, or at least six years old if she has an
understanding of the concept of marriage.
(c) In the instances of marriage mid'Rabanan, before she reaches Halachic
puberty and becomes a Na'arah (through the growth of two pubic hairs), she
has the option of annulling the marriage through a procedure known as Mi'un
(refusal). She says before two witnesses, "I do not want him," and the
marriage is annulled retroactively. There is no need for her to receive a
Get (a bill of divorce). A girl who is married off by her father cannot
annul the marriage through Mi'un. (RAMBAM Hilchos Ishus 4:7-8)
21) [line 28] DEVARIM B'GO - there are things within it (i.e. there are
problems with Shmuel's ruling)
22a) [line 30] KAFREI - the name of a town
b) [line 30] APCHUHA - they switched around [the opinion of Shmuel with
the question of Karna]
c) [line 30] SHADRUHA - they sent it
23) [line 31] HA'ELOKIM! - Indeed! (using "ha'Elokim," which is an oath, for
emphasis)
24) [line 32] ZAR'EI D'ABA BAR ABA - the descendant (son) of Aba bar Aba
(i.e. Shmuel)
25) [line 36] V'HU SHE'SHADCHU - this (the ruling that a Ketanah who accepts
Kidushin without her father's consent requires a Get and Mi'un) applies only
when they had been matched up (the man spoke with the Ketanah's father about
marrying her (see Background to Kidushin 2:1:II:a), and thus there is reason
to assume that the father consented)
26) [line 39] V'CHULAN... (YIBUM: TZARAS ERVAH)
(a) When a man dies childless and his wife is an Ervah to the Yavam, she
does not fall to Yibum and as such she is exempt from the Mitzvos of Yibum
and Chalitzah. She may marry whomever she pleases, immediately. Chazal teach
(Yevamos 3b, 8a) that not only is the Ervah exempt from Yibum and Chalitzah,
but also her Tzarah, the second wife of the deceased. (However, if there are
other Yevamim to whom she is not prohibited because of an Isur Ervah, the
two women may not get married until one of the Yevamim performs Yibum or
Chalitzah with one of the wives of the deceased.) There are fifteen such
cases of Ervah that exempt the other wife or wives from Yibum.
(b) The Mishnah in Yevamos (2b) states that if the wife who is an Ervah to
the Yavam died, did Mi'un, was divorced, or was found to be an Ailonis (see
next entry) before the husband died, in which case the Ervah was not married
to him at the time of his death, then the other wife may then perform Yibum
with the Yavam.
27) [line 40] AILONIS - a woman who is incapable of conception. This word is
derived from the word "Ayil," a ram, which is a male sheep that does not
have a womb (Kesuvos 11a)
28a) [line 41] HU MOSIV LAH - he (Rav Kahana) asked the question
b) [line 42] V'HU MEFAREK LAH - and he himself answered it
29) [line 42] KEGON SHE'NA'ASEH LAH MA'ASEH YESOMAH B'CHAYEI HA'AV - such as
when she did an act of a Yesomah in the lifetime of her father. After being
divorced or widowed from a prior marriage (with Nisu'in), the Ketanah
accepted Kidushin for herself from another man. Since her prior Nisu'in
removed her from the domain of her father completely, she is considered a
"Yesomah in the lifetime of her father."
30) [last line] EIN MOCHRAH LI'KEROVIM (AMAH IVRIYAH: YI'UD)
(a) A destitute father, under certain circumstances, may sell his daughter
into servitude to a Jewish master as long as she is a minor. The sale is for
a period of six years or until she becomes a Gedolah (when two pubic hairs
grow after she enters her 12th year) or until the Yovel year (the year after
seven Shemitah cycles), whichever comes first. During this period she is
called an "Amah ha'Ivriyah."
(b) The Torah gives to the master of a Jewish maidservant the option of
being Mekadesh her through a procedure called "Yi'ud." The Kidushin takes
effect through the money that he initially gave to her father when he
purchased her, as described on Daf 19a.
(c) The Rabanan maintain that a father may not sell his daughter to a
relative whom she is prohibited to marry, because there must be at least the
opportunity for the buyer to perform Yi'ud with her.
Next daf
|