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Kidushin 46

KIDUSHIN 46-47 - Ari Kornfeld has generously sponsored the Dafyomi publications for these Dafim for the benefit of Klal Yisrael.

1) [line 7] "IM MA'EN YEMA'EN AVIHA L'SITAH LO; KESEF YISHKOL K'MOHAR HA'BESULOS". - "If her father refuses to give her to him, he shall weigh out silver like the value of the marriage contract of virgins." (Shemos 22:16)

2) [line 9] LO SEIZLU BASAR IPCHA - do not go after something that is meaningless (lit. that is opposite [what you are trying to prove])

3) [line 10] YACHOL LI'SHENUYEI LECHU - it is possible for him to answer you

4a) [line 10] KEGON SHE'PITAH SHE'LO L'SHEM ISHUS - a case of a man who seduced a girl without persuading her to accept Kidushin from him

b) [line 13] MESHALEM KENAS K'MEFUTAH - he pays the fine of a seducer
(PITUY)
If a man seduces a girl (between the ages of 12 and 12 1/2, according to Rebbi Meir, or 3 and 12 1/2, according to the Chachamim; Kesuvos 29a), and the girl or her father refuses to let him marry her, or if the man chooses not to marry her, he must give the father of the girl fifty Shekalim. This amount is the equivalent of a Kesuvah of a virgin and is in addition to the payments of Pegam and Boshes (see Background to Kidushin 3:20; the seducer does not pay the payment of Tza'ar -- Kesuvos 39b). If he chooses to marry her and they consent, the man is not obligated to pay anything to the girl or his father at the time of the marriage. If he later divorces her, he must give her the Kesuvah of a virgin upon her divorce (Shemos 22:16).

5) [line 13] IY HACHI, HAINU D'SANINA - if so, then that is what we are taught in a Beraisa (i.e. your explanation of the verse is confirmed by the Beraisa)

6) [line 14] "MAHOR YIMHARENAH LO L'ISHAH." "[When a man seduces a virgin who was not betrothed and he lies with her,] he must give her a marriage contract to take her as his wife." (Shemos 22:15) - The Gemara derives from here that the seducer must perform an act of Kidushin with the girl (either because he seduced her without intent of Kidushin (Rav Yosef), or because it is necessary to have a second Kidushin that has the consent of her father (Abaye).

7) [line 18] TEMARAH - a date
8) [line 24] MAN TANA HISKADSHI HISKADSHI? - Who is the Tana who taught the case of "Hiskadshi, Hiskadshi" ("Become betrothed to me with this date, and become betrothed to me with this one")? (see Background to Kidushin 44:4)

9) [line 25] 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) See Background to Kidushin 44:6.

10) [line 30] V'HA MILVEH HI!? - But this is a loan!? (HA'MEKADESH B'MILVEH)
When a man betroths a woman by letting her keep a loan that he has lent to her, the Kidushin does not take effect, even if she had not yet spent the loan money (Kidushin 6b, 47a). The bills or coins that she received are considered to belong to her from the moment that she receives them since "Milvah l'Hotza'ah Nitnah" - "loan money is given to be spent," and she may repay the lender other bills or coins (RASHI to Kidushin 6b). As such, when a man tries to betroth her with the loan money, he has in effect not given her money for the Kidushin.

11) [line 35] HO'IL U'MIKARVA HANAYASAH - since the pleasure from it (the date) is more readily available

12) [line 36] EIMA GAMRAH U'MEKANYA NAFSHAH - say that she resolved to give herself over [to him in marriage]

46b---------------------------------------46b

13) [line 1] MA'OS B'ALMA CHOZRIM - money, in all cases [of money given for Kidushin where the Kidushin does not take effect for some reason], is returned (to the giver and is not considered to have been a gift)

14) [line 9] KESIFA LAH MILSA - the thing (i.e. receiving a gift) is embarrassing to her

15) [line 10] HA'MAFRISH CHALASO KEMACH (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, when you eat of the bread of the land, you shall separate a Terumah (tribute) to HaSh-m.] You shall separate the first of your dough for a Terumah; [as you do with the Terumah separated from the grain of the threshing floor, so, too, shall you present this [to the Kohanim.]" (Bamidbar 15:18-20).
(b) Whenever a person kneads a large 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 before eating from the dough. 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). Approximately half of that amount 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. If a person did not separate Chalah from the dough before it was baked, it must be separated after it is baked before the baked product can be eaten. Before Chalah is separated, the dough is called "Tavul l'Chalah," and anyone who eats it b'Mezid (intentionally) is liable to the punishments of Malkos and Misah b'Ydei Shamayim (Makos 13a).
(c) Chalah has the Halachos of Terumah, and it must be eaten by Kohanim, their wives and children, while they are Tehorim. A non-Kohen who eats Chalah b'Mezid is liable to Malkos and Misah b'Ydei Shamayim (RAMBAM Hilchos Bikurim 5:14 and Hilchos Terumah 6:6).
(d) Since the verse says, "Reishis *Arisoseichem* Chalah Tarimu Serumah," this teaches that Chalah must be separated only from *dough*, but not from *flour*. If it was separated from flour, it does not have the status of Chalah.

16) [line 13] NAFIK CHURVAH MINAH - damage (or destruction) will result from it
17) [line 14] ZIMNIN - [it will happen that] at times
18) [line 14] PACHOS ME'CHAMESH REVA'IM KEMACH - less than five Lugim (a Log is called a Reva, or a quarter, since it is equal to one quarter of a Kav) of flour, which equal one Omer (Shemos 16:36), the volume of Man that fell for each Jew in the desert. This is the Shi'ur (amount) of flour that requires Chalah to be separated with a Berachah (about 10 1/2 cups or 2.48 liters).

19) [line 16] V'ASI L'MEICHLAH B'TIVLEI - and he will come to eat it while it is still in a state Tevel (not having had Chalah removed from it)

20) [line 20] V'SEHEVEI TERUMAH V'LO SE'ACHEL AD SHE'YOTZI ALEHA CHALAH MI'MAKOM ACHER! - but let it be considered Terumah (i.e. Chalah) and (tell the Yisrael) do not let it be given [to a Kohen] to eat until he (the Yisrael) separates Chalah from another source!

21a) [line 22] MIN HA'NAKUV - (lit. from one with a hole) one who separates Terumah, from fruits that grew in a pot that has a hole, [on behalf of fruits that grew in a pot that has no hole] (the obligation to separate Terumah from fruits that grew in a pot without a drainage hole, that does not receive sustenance from the ground underneath it, is only mid'Rabanan)

22) [line 24] BI'TREI MANEI TZA'IS - [if the produce was] in two different pots he will listen to you [to take Terumah a second time from the other pot]

23) [line 31] V'SEHEVEI TERUMAH, V'YACHZOR V'YITROM! - But let it be considered Terumah (i.e. Chalah) and just require [the Yisrael] to separate Chalah again!

24) [line 35] KISHUS - cucumber
25) [line 35] MARAH - bitter
26) [line 35] AVATI'ACH - melon
27) [line 35] SARU'ACH - rotten
28a) [line 38] RA'AH - bad (spoiled, rotten, inferior) fruit
b) [line 38] YAFAH - fine (superior) fruit

29) [line 40] "V'LO SIS'U ALAV CHET BA'HARIMCHEM ES CHELBO." - "You shall not bear a sin for it when you separate its choicest (lit. fattest) part." (Bamidbar 18:32)

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