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Kidushin 51
KIDUSHIN 51-55 - Ari Kornfeld has generously sponsored the Dafyomi
publications for these Dafim for the benefit of Klal Yisrael.
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1) [line 1] HA'MARBEH B'MA'ASER - a person who designates more than one
tenth of his produce as Ma'aser (MA'ASER - see Background to Kidushin 32:4)
2) [line 1] MA'ASROSAV MEKULKALIN - his Ma'asros are ruined; i.e. they are
mixed with Tevel (untithed produce) and may not be eaten
3) [line 4] D'ISEI L'CHATZA'IM - that half of each grain can become Ma'aser
4) [line 4] TISKADESH PALGA PALGA D'CHITESA - "Half of each grain shall
become Ma'aser."
5) [line 5] MA'ASER BEHEMAH
(a) Every year, a person must collect all of the kosher animals that were
born during that year into a corral. As they leave the corral through a
narrow opening, one by one, the owner counts them and marks every tenth one
as Ma'aser Behemah. The Mitzvah of Ma'aser Behemah is stated in Vayikra
(27:32), "v'Chol Ma'asar Bakar va'Tzon, Kol Asher Ya'avor Tachas ha'Shavet,
ha'Asiri Yiheyeh Kodesh la'Sh-m." - "And all of the herds and flocks shall
be tithed as they are counted under the rod, every tenth one being
consecrated to HaSh-m."
(b) Ma'aser Behemah is eaten by its owner. If it has no Mum (blemish or
defect), it is offered as a Korban on the Mizbe'ach and eaten by its owner
in Yerushalayim. If it has a Mum, the owner may slaughter and eat it
anywhere.
(c) If one designated the tenth animal as Ma'aser Behemah, no other animal
can become Ma'aser Behemah afterwards. However, if two animals exited the
corral at the same time and the owner designated both as Ma'aser (the tenth
animal), both become Kodesh (one is considered Ma'aser Behemah, and the
other must be brought as a Shelamim; see Rashi). In addition, Ma'aser
Behemah has the feature that it takes effect even in error. If the tenth
animal was not called "tenth" but the animals that were next to the tenth
animal were called "tenth," then they, too, become consecrated, according to
all opinions. Beis Shamai cite a case where the owner called the ninth
animal "tenth," the tenth, "ninth" and the eleventh, "tenth." The ninth
animal is put out to pasture and may be eaten after it develops a Mum
(blemish). The tenth animal is brought as the Korban Ma'aser Behemah. The
eleventh animal is brought as a Korban Shelamim (Mishnah Bechoros 60a).
6) [line 7] ASIRI VE'ACHAD ASAR ME'URAVIN - That is, if the 10th and 11th
animals went out together, and he called them both the 10th, there is an
indeterminable mixture of the tenth and eleventh animals. As a result, we
consider them both to be Kodesh.
7) [line 9] TODAH
(a) The Todah (thanksgiving-offering) was a form of Shelamim (see Background
to Nazir 22:2) that was eaten for only one day and one night (Vayikra 7:15).
(b) An animal that was sacrificed as a Todah was brought together with forty
loaves of bread, ten each of the following:
- Chalos Matzos - Matzos mixed with oil;
- Rekikin - flat Matzos saturated with oil;
- Soles Murbeches - Matzos made of boiled flour mixed with oil;
- Loaves of leavened bread (ibid. 7:12-13).
(c) Only half a Log of olive oil was used for all thirty Matzos: a quarter
of a Log for the Soles Murbeches, an eighth for the Chalos Matzos and an
eighth for the Rekikin (Gemara Menachos 89a, Rambam Hilchos Ma'asei
ha'Korbanos 9:20). When the Gemara refers to a *Revi'is* of oil for the
Chalos, it actually means the Revi'is that is used for the Chalos *and* the
Rekikin.
(c) One loaf of each type of bread was given to the Kohen who performed the
Zerikas ha'Dam of the Todah (ibid. 7:14). (These four loaves were known as
Terumas Lachmei Todah.) The owner eats the rest of the loaves of bread of
the Todah along with the meat (see Background to Nazir 22:2c).
8) [line 14] L'ACHRAYUS KA MECHAVEN - he intends to bring the extra 40
loaves as insurance for the first 40 loaves, in case they get lost or become
Teme'im
9) [line 15] L'KORBAN GADOL KA MECHAVEN - he intended to bring a large
offering of 80 loaves
10) [line 18] KIDUSHIN SHE'EIN MESURIN L'VI'AH - Kidushin (betrothal) to a
woman with whom marital relations will be prohibited (see Insights)
(a) The Amora'im argue with regard to the Halachah of Kidushin "she'Ein
Mesurin l'Vi'ah," whether the Kidushin are valid or whether we say that any
Kidushin that does not lead to a state where marital relations are permitted
are not Kidushin at all and there is no need for a Get (a bill of divorce).
(b) For example, Reuven was Mekadesh one of two sisters (or one of a
mother/daughter pair or one of a mother/granddaughter pair) without
specifying which woman he was Mekadesh. He handed one Perutah of Kidushin to
the two of them simultaneously (e.g. they both appointed the same agent to
accept Kidushin for them, and Reuven gave a Perutah to him to be Mekadesh
one of them), stating that he wants to be Mekadesh "one of them," without
specifying which one. According to the opinion that the Kidushin are valid,
one of the two women become married to him, and since it is not known which
is the married one both women need a Get mi'Safek (because of the doubt
involved). According to the other opinion, no Get is required at all, since
Reuven is prohibited from having relations with either of them because of
the doubt. (One of them is his wife and the other is the sister -- or
daughter or granddaughter -- of his wife; therefore the possibility exists
that any one of them is his wife's sister -- or daughter or granddaughter --
who is prohibited to him mid'Oraisa).
(c) This Halachah only applies to Chayavei Kerisus, where the Isur stems
from the Kidushin of the first woman, such as a man who is Mekadesh one of
two sisters (as described above). It does not apply to a man who is Mekadesh
a woman who is prohibited to him because of a Lo Sa'aseh (Chayavei Lavin).
Even though he is prohibited from having marital relations with her, the
Kidushin is called Kidushin *ha'Mesurin* l'Vi'ah, since in this case the
prohibition against marital relations does not stem from the Kidushin
(TOSFOS DH Kidushin).
11) [line 18] BAR AHINA ASBERAH LI - [the sage named] bar Ahina explained it
to me
12) [line 25] NOCHRIYOS - women who are not related to each other
13) [last line] "KENI AT V'CHAMOR" HU - it is a case of [one who says,]
"Acquire [this item] -- you and the donkey." In such a case, the Kinyan does
not take effect at all, even for the person. (Rashi explains that the
"Chamor" refers to an unborn child in the womb of its mother, who, like a
donkey, does not have the ability to make a Kinyan. We assume that since the
person tried to give the object to something that could not acquire it, he
also did not have in mind to really give it to the recipient who *could*
acquire it.)
51b---------------------------------------51b
14a) [line 17] BOGROS (KETANAH / NA'ARAH / BOGERES)
A girl is a Ketanah (minor) until she has two pubic hairs after she enters
her twelfth year. During the following six months she is a Na'arah
(maidenhood). When six months elapse she becomes a Bogeres (adult).
b) [line 17] KETANOS
The Torah gives a father the right to marry off his daughter at any age
before she is twelve years old. When his daughter reaches the age of Bogeres
(see previous entry), he no longer has the right to marry her off.
15a) [line 19] V'HA BOGROS KETANI - but the Mishnah writes "Bogros" (adult
daughters) in the plural!
b) [line 19] BOGROS D'ALMA - [it means] Bogros (adult daughters) in
general (but in the specific case that the Mishnah is discussing, the man
only has one adult daughter)
16) [line 20] SHAVISEI SHALI'ACH - she made him (her father) a Shali'ach [to
accept Kidushin for her]
17) [line 22] KIDUSHAI L'DIDACH - "my Kidushin [money] will go to you (my
father)"
18a) [line 22] LO SHAVIK INISH MITZVAH D'RAMYA ALEI - a person does not
abandon a Mitzvah that is incumbent upon him
b) [line 22] V'AVID MITZVAH D'LO RAMYA ALEI - and do a Mitzvah that is not
incumbent upon him
19) [line 24] SHTEI KITEI VANOS - two groups of daughters (from two wives,
to whom he was married at different times)
20) [line 27] KESHE'HUKRU ULEVA'SOF NIS'ARVU - when they were recognized
(which daughter the father married off, and which daughters he did not marry
off), and then at the end they became mixed (the father forgot which one he
married off; he remembers only having said "the older daughter")
21) [line 29] LO MACHIS INISH NAFSHEI LI'SEFEIKA - a person does not place
himself (lit. lower himself) into a situation of doubt
(a) There are a number of ways for a person to cause an object to become
prohibited through his speech, e.g. by prohibiting a particular food with a
Neder, Nezirus or Shevu'ah or by performing a Kidushin and prohibiting a
woman to others. The Tana'im argue as to whether or not a person intends for
such a statement to cause a "Safek Isur" (i.e. a prohibition due to doubt)
when his statement leaves room for doubt.
(b) According to the opinion that maintains "Lo Machis Inish Nafshei
li'Sefeika," a person does not want his statement to create a Safek Isur.
His statement, therefore, will only create clear Isurim. Whenever there is a
doubt as to whether a certain object is included in his statement, the
object will not be included. According to the opinion which maintains the
opposite, "Machis Inish Nafshei li'Sefeika," a person does not mind if his
statement creates a Safek Isur. Therefore when there is a doubt as to
whether a certain object is included in his statement, the object will be
included.
(c) For example, the opinion that maintains "Lo Machis Inish Nafshei
li'Sefeika" holds that a person who makes a Neder to prohibit himself from a
food until *Penei* ha'Pesach must keep the Neder only until the onset of
Pesach. Similarly, the person who has two sets of two daughters and states
that he married off his older daughter ("ha'Gedolah") only refers to his
*oldest* daughter. The Tana who argues rules that the Neder must be kept
until the end of Pesach because of the doubt that all of the days of Pesach
might be included in his statement, and that all daughters need Gitin (bills
of divorce) because of the doubt (except for the younger of the younger set
of daughters).
22) [line 33] CHOLETZ (CHALITZAH)
See Background to Kidushin 45:6.
23) [line 35] KA PAGA B'ACHOS ZEKUKASO (ACHOS ZEKUKASO) - he will transgress
with the sister of the woman who is Zekukah to him for Yibum.
(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.)
(c) There is an Isur d'Rabanan for a man to marry the sister of a woman who
is bound to do Yibum (or Chalitzah) with him. His Zekukah is considered,
mid'Rabanan, to have the status of his wife, and just like one may not marry
the sister of his wife, he may not marry the sister of his Zekukah.
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