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Kidushin 49
KIDUSHIN 49-50 - 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] GET PASHUT / MEKUSHAR
Two types of Gitin were in use at the time of Chazal: a Get Pashut and a Get
Mekushar. A Get Pashut is written on a piece of parchment, etc., that is
Pashut (spread out and unfolded), and the witnesses sign on the bottom,
below the text. A Get Mekushar is written in a very cumbersome manner. After
leaving a line blank on the top, one or two lines are written and three or
four lines are left blank. Next, part of the parchment is folded over the
writing and the fold is sewn down. A witness must sign on the part that is
folded over (i.e. the back of the Get). This process is repeated two or more
times until the entire text of the Get is written and there are as many
witnesses as folds. The Get Mekushar was instituted so that quick-tempered
Kohanim would not be able to divorce their wives easily, since a Kohen may
not marry a divorcee. It was assumed that the amount of time necessary to
write a Get Mekushar would give the Kohen time to calm down.
2) [line 14] MAR'EH MAKOM HU LO - he was just showing to him (his Shali'ach,
i.e. the Sofer) the way [to write a Get for his wife in the easiest manner]
3) [line 15] HISKABEL LI GITI (SHALI'ACH L'KABALAH)
The Torah requires that the Get be given directly into the hands of the
woman (Devarim 24:1). However, a husband who wants to divorce his wife does
not need to give the Get to the woman himself; he may appoint a Shali'ach to
bring the Get and hand it to her. When the man appoints a Shali'ach to bring
the Get to his wife, this is called a "Shali'ach l'Holachah." A woman, too,
may appoint a "Shali'ach l'Kabalah" to receive the Get from her husband on
her behalf, or to receive the Get from her husband's Shali'ach. When her
Shali'ach l'Kabalah receives the Get, the woman becomes divorced as if she
had received it herself. The woman may also appoint a "Shali'ach l'Hava'ah"
to receive the Get from the man and to bring it to her (in which case, she
is not divorced until the Shali'ach l'Hava'ah gives her the Get).
4a) [line 19] SHEVACH MAMON - a monetary benefit
b) [line 19] SHEVACH YUCHASIN - a benefit in lineage
5) [line 20] MESANA D'RAV MI'KAR'A'I, LO BA'INA - a shoe that is too large
for my foot, I do not need
6a) [line 25] NESIN
(a) In the times of Yehoshua, the Giv'onim (a people of the Chivi, one of
the seven nations whom the Jewish People were commanded to destroy upon
entering Eretz Yisrael) came and presented themselves before Yehoshua as if
they came from a far-off land. Since they claimed not to be residents of
Eretz Yisrael, they requested to be converted and to make peace with the
Jewish People. After Yehoshua agreed to accept them, it was discovered that
they were one of the seven prohibited nations. Having already accepted them,
Yehoshua did not want to break his oath and covenant with them (even though
they tricked him and the oath was uttered in error) so as not to cause a
Chilul HaSh-m (a desecration of HaSh-m's Name). Yehoshua accepted them and
appointed them to be woodchoppers and water drawers to supply the needs for
the sacrificial service on the Mizbe'ach (Yehoshua 9:3-27). Earlier, in the
times of Moshe Rabeinu, Giv'onim also came to be converted as they did in
the times of Yehoshua, and Moshe also made them woodchoppers and water
drawers. (This incident is not written explicitly. It is stated in the
Gemara Yevamos 79a, and is based on the verse in Devarim 29:10.) These
people became known as "Nesinim," (from the root "Nasan," to give) since
they were "given over" by Moshe and Yehoshua ["va'Yitenem..." - "And he
appointed them..." (Yehoshua 9:27)] to perform the tasks of chopping wood
and drawing water.
(b) A Nesin is prohibited to marry into the community of HaSh-m, that is,
Jewish people of unsullied lineage. RASHI and TOSFOS (Kesuvos 29a and
elsewhere) argue as to whether they are prohibited mid'Oraisa or
mid'Rabanan. We find that the Gemara (Yevamos 79a) states that Moshe Rabeinu
"decreed" regarding the Nesinim of his generation, and Yehoshua extended the
"decree" to last as long as the Mishkan or Beis ha'Mikdash would stand.
David ha'Melech later extended the "decree" to include all time, even if the
Beis ha'Mikdash would be destroyed (because of the trait of cruelty that the
Nesinim exhibited, which showed that they were not worthy of uniting with
the descendants of Avraham, Yitzchak and Yakov). According to Rashi, these
decrees were prohibitions against marriage, and as such the prohibition
against marrying Nesinim is an Isur mid'Rabanan. According to Tosfos, these
decrees were appointments of servitude. The prohibition against marrying
them, though, is mid'Oraisa, since the Torah commands against marrying the
seven prohibited nations even if they convert to Judaism (Yevamos 76a).
b) [line 25] MAMZER
(a) There are prohibited marital relations that invalidate the ensuing
offspring and render them Mamazerim. The Tana'im argue as to the nature of
these prohibited relations. According to Rebbi Yehoshua, they must be
relations that are punishable by Misas Beis Din (see Background to Kidushin
32:16). Rebbi Shimon ha'Timni rules that all relations that are punishable
by Kares, even if they are not punishable by Misas Beis Din, produce a
Mamzer (fem. Mamazeres). According to Rebbi Akiva, even relations that are
prohibited by a Lav produce a Mamzer (Yevamos 49a). Other Tana'im argue
regarding the opinion of Rebbi Akiva. There are those who assert that he
rules that only relations prohibited by a Lav produce a Mamzer. Others hold
that even those prohibited by an Aseh produce a Mamzer (except for a Kohen
Gadol who has relations with a non-virgin -- Kesuvos 30a). The Halachah
follows the opinion of Rebbi Shimon ha'Timni, that only relations punishable
by Kares produce a Mamzer (Yevamos ibid.)
(b) A Mamzer is prohibited to marry into the community of HaSh-m, that is,
Jewish people of unsullied lineage. He may, however, marry a Mamzeres and a
Giyores (MISHNAH Kidushin 69a). The Tana'im and Amora'im argue as to whether
a Safek Mamzer is prohibited mid'Oraisa to marry both a Mamzeres and a
Jewess of unsullied lineage, because of the doubt, or whether he is
permitted mid'Oraisa to marry either of them, since he is not included in
the category of Mamzer that the Torah prohibited (Yevamos 37a, Kidushin 73a,
74a).
7a) [line 27] MEGUDELES - grown
b) [line 33] GADELES - (a) important/respected (RASHI); (b) a hair-dresser
(RABEINU CHANANEL in TOSFOS)
8a) [line 33] LO NICHA LI D'SHAKLAH MILEI MINA'I - I am not pleased that she
will take my words from me
b) [line 34] V'AZLA NADYA KAMEI SHIVEVUSAI - and go wandering amidst my
neighbors (telling them what I say and mocking me)
9) [line 35] KARYANA - a reader (of Chumash)
10) [line 36] YETARGEM - translate
11) [line 36] YETARGEM MI'DA'ATEI!? - Must he [be able to] translate on his
own!?
12) [line 36] HA'METARGEM PASUK K'TZURASO - one who translates a verse in
its literal form
13) [line 37] BADAI - deceiver
14) [line 37] HA'MOSIF ALAV - one who adds [his own explanation] to it (a
verse)
15) [line 38] TARGUM DIDAN - our Targum (i.e. Targum Onkelos)
16) [line 38] KARA ANA - I am an expert reader [of verses]
17) [line 39] B'DIYUKA - with precision
18a) [line 39] HALACHOS - (a) the traditions that Moshe received on Mount
Sinai (Halachah l'Moshe mi'Sinai) (RASHI); (b) the Mishnayos (TOSFOS RI
HA'ZAKEN, ROSH)
b) [last line] MIDRASH - the Halachic exegesis of the Midrashim of the
Sifra (on Vayikra; see below, entry 20-b) and Sifri (on Bamidbar and
Devarim) (RASHI)
49b---------------------------------------49b
19a) [line 2] TANINA - I study
b) [line 2] TANA ANA - I am a Tana (i.e. an Amora who is an expert in the
teachings of the Tana'im)
20a) [line 3] HILCHESA - Gemara (RASHI to Megilah 28b)
b) [line 3] SIFRA - Toras Kohanim. One of the earliest commentaries on
Vayikra, which was written by Rav (circa 220 C.E.) and which follows the
opinion of Rebbi Yehudah (it is also called Sifra d'Vei Rav)
c) [line 3] SIFRI - One of the earliest commentaries on Bamidbar and
Devarim, which follows the opinion of Rebbi Shimon
d) [line 3] TOSEFTA - a collection of Beraisos and teachings of Tana'im
21a) [line 5] KOL SHE'SHO'ALIN OSO B'CHOL MAKOM DAVAR ECHAD B'LIMUDO,
V'OMRO - anyone to whom they ask any question anywhere in what he is
learning, and he answers
b) [line 7] VA'AFILU B'MASECHTA D'CHALAH - (a) and even in the tractates
that were learned during the months that were called Yarchei Kalah, Adar and
Elul, when all students assembled in the Yeshivos in Bavel to learn together
(TOSFOS RI HA'ZAKEN, RABEINU CHANANEL Ta'anis 10b; TOSFOS Shabbos 114a); (b)
according to the Girsa B'MASECHES *KALAH* - and even in the tractate of
Kalah, which is not learned regularly (RABEINU GERSHOM, Ta'anis 10b), or
which is easy to learn and not too deep (RASHI here; see, however RASHI to
Shabbos 114a).
22) [line 8] CHACHMEI YAVNEH - the wise sages of the Yeshivah in Yavneh.
Yavneh was the seat of the Sanhedrin immediately after the destruction of
the Beis ha'Mikdash.
23) [line 9] DEVAR CHOCHMAH - a thing (question) that requires wisdom [to
answer]
24) [line 11] AVNER BEN NER / YOAV BEN TZERUYAH - Avner was the chief of the
army under King Shaul, and Yoav was the chief of the army under King David
25) [line 20] KABIM - measures (although a Kav usually refers to the liquid
measure equal to 4 Lugim, and which is 1/6th of a Se'ah, here it is a
general term of measure)
26) [line 20] CHOCHMAH - wisdom (RASHI: Torah and Derech Eretz)
27) [line 25] ROMIYIM KADMONIM - the early Romans
28) [line 28] GASUS - haughtiness
29) [line 28] EILAM - (a) Elam, ancient kingdom east of Babylon also known
as Susiana (from the city Shushan); (b) Media (Bereishis Rabah 42:7)
30a) [line 30] "[VA'YOMER, 'ZOS HA'RISH'AH;' VA'YASHLEICH OSAH EL TOCH
HA'EIFAH, VA'YASHLEICH ES EVEN HA'OFERES EL PIHA.] VA'ESA EINAI VA'EIRE
V'HINEI SHTAYIM NASHIM YOTZ'OS V'RU'ACH B'CHANFEIHEM..." - "[And he said,
'This [woman] is Wickedness.' And he cast her into the midst of the Eifah
measure; and he cast the weight of lead upon its mouth.] Then I lifted up my
eyes, and looked, and, behold, there came two women, and the wind was in
their wings..." (Zecharyah 5:8-9) - "Wickedness" is the Yetzer ha'Ra for
Avodah Zarah. The Gemara (Yoma 69b) interprets this verse as referring to
the episode in which the Anshei Kenesses ha'Gedolah killed the Yetzer ha'Ra
for Avodah Zarah. Our Gemara continues to explain that the reason for the
continued exile (of those people who did not follow Ezra and return to Eretz
Yisrael) was that the people still harbored the remains of the Yetzer ha'Ra.
In addition, the exile became more difficult when the bad character traits
of flattery and haughtiness were introduced (see Sanhedrin 24a and MAHARSHA
there).
b) [line 31] "...VELA'HENAH CHENAFAYIM K'CHANFEI HA'CHASIDAH..." - "...for
they had wings like the wings of a stork..." (ibid. 5:9)
c) [line 32] "...VA'TISENAH ES HA'EIFAH BEIN HA'ARETZ U'VEIN
HA'SHAMAYIM." - "...and they lifted up the Eifah measure between the earth
and the sky." (ibid.)
31) [line 33] "VA'OMAR EL HA'MAL'ACH HA'DOVER BI, 'ANAH HEMAH MOLICHOS ES
HA'EIFAH?'" - "Then I said to the angel who talked with me, 'Where are they
taking the Eifah measure?'" (ibid. 5:10)
32) [line 33] "VA'YOMER ELAI, 'LIVNOS LAH VAYIS B'ERETZ SHIN'AR; V'HUCHAN
V'HUNICHAH SHAM AL MECHUNASAH.'" - "And he said to me, 'To build it a house
in the land of Shin'ar; and when this is prepared, they will set it down
there upon its base.'" (ibid. 5:11)
33) [line 34] ERETZ SHIN'AR - the land of Bavel (the city of Bavel is
located in the land of Shin'ar, as mentioned in Bereishis 10:10, 11:2.
Later, the name Bavel came to refer to the entire area.)
34a) [line 34] CHANUFAH - flattery
b) [line 34] GASUS HA'RU'ACH - haughtiness of spirit
35) [line 35] ISHTARBUVEI HU D'ISHTARBUVEI L'HASAM - it eventually arrived
to there
36) [line 35] DEIKA NAMI, DI'KETANI "LIVNOS LAH BAYIS" - this is also
implied [by the verse], which writes, "to build for her a house." The
Rishonim offer three explanations for the Gemara's answer: (a) "to build for
*her* a house" is written in the singular, and originally *two* women were
seen flying towards Shin'ar, hinting that only flattery settled there
(RASHI, 1st explanation); (b) "*to build* for her a house" implies that the
*intention* was to build for her (haughtiness) a house, but it was never
carried out (RASHI, 2nd explanation); (c) the word "Lah" in the verse "to
build *for her* a house" is written without a "Mapik" (a dot) in the letter
"Hei," which is an exception to the rule. As such, it implies the word "Lo,"
i.e. a house was *not* built for her (TOSFOS)
37) [line 39] MADAI - Mede (Medes, or Media) was an ancient empire northwest
of the Persian Empire (between Persia and Assyria, south of the Caspian
Sea). The Persians, an Aryan people, settled in southern Persia, while the
Medes, also an Aryan people, settled in northwest Persia on the border with
Assyria. As such, the Medes came into conflict with the Assyrians. Assyria
was an ancient kingdom, linked culturally with Babylon, in northern
Mesopotamia, lying mainly between the Tigris and Euphrates Rivers. Its
capital was first at Assur and later at Nineveh. Assyria fell to Medes and
Babylonia circa 610 BCE.
38) [line 40] NEGA'IM - plagues, disease
39) [line 42] MEISHAN - Meishan on the Euphrates. Meishan, or Mesene, is the
island formed by the Euphrates, the Tigris and the Royal Canal (connecting
them).
40) [line 46] BEN KERACH - one who lives in a large city
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