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Kidushin 54
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] CHAZARNU AL KOL HA'TZEDADIM SHEL REBBI MEIR - we reviewed all
sides of Rebbi Meir (i.e. all places where he issued a ruling about Me'ilah)
2) [line 3] KOSNOS KEHUNAH SHE'LO VALU - the garments of the Kehunah that
are not worn out
3) [line 4] LO NITNAH TORAH L'MAL'ACHEI HA'SHARES - the Torah was not given
to ministering angels
4) [line 7] CHADTIN / ATIKIN (TIKLIN CHADTIN / TIKLIN ATIKIN) (SHEKALIM)
(a) In the Beis ha'Mikdash, many public sacrifices were offered (for example
the daily Temidim, the Korbenos Musaf of Rosh Chodesh and the festivals
etc.). In order to finance these Korbanos, one half a Shekel was collected
from every Jew, both those living in Eretz Yisrael and in the Golah, once a
year.
(b) The half Shekalim were collected before Rosh Chodesh Nisan so that the
Korbanos of the new year (which starts with the month of Nisan) would be
offered from the money that was collected for the new year. On the first of
Adar, Beis Din announced that the Shekalim should be collected, in order to
ensure that all of the Shekalim would be collected before Rosh Chodesh Nisan
(see Insights to Shekalim 2a). Some commentaries contend that a portion of
the Shekalim would not arrive until after Rosh Chodesh Nisan, while others
claim that all of the Shekalim arrived by Rosh Chodesh Nisan, since the
Shekalim were collected from the regions further from Yerushalayim earlier
in the year. (This latter opinion appears to be the conclusion of the
Yerushalmi, Shekalim 2a - see Mishnas Eliyahu ibid. 2b.)
(c) The amount that was collected from each Jew was not fixed at half a
Shekel. Rather, the amount given was always half of the "Matbe'a ha'Yotzei"
(the primary coin in use at the time), provided that it was not *less* than
the value of half a Shekel.
(d) The word "Shekel," as used in the phrase "Machatzis ha'Shekel," refers
to the Shekel that was in use at the time of Moshe Rabeinu, which was
equivalent to the "Sela" of the times of the Gemara. Machatzis ha'Shekel is
half of a Sela, or two Dinarim. People became accustomed to calling the coin
that was valued at half of a Sela, "Shekel," since it was "paid out"
("Shoklim" Oso) in order to fulfill the Mitzvah of Machatzis ha'Shekel each
year (RAMBAN to Shemos 30:13).
(e) "Tiklin Chadetin" refers to the *new* Shekalim that were given for the
Korbanos of the coming year.
(f) "Tiklin Atikin" refers to the *old* Shekalim which were given by someone
who owed Shekalim from the previous year.
5) [line 9] SHE'HAYAH REBBI MEIR OMER "MO'ALIN B'SHEYAREI HA'LISHKAH" -
Rebbi Meir used to say, "One transgresses Me'ilah with the money of the
Sheyarei ha'Lishkah" (SHEYAREI HA'LISHKAH)
(a) TERUMAS HA'LISHKAH - Every year, one half Shekel was collected from
every Jew to fund the Korbenos Tzibur that were offered in the Beis
ha'Mikdash. Beis Din placed the money that was collected in a room in the
Mikdash reserved for that purpose (see previous entry).
(b) At three times during the year (before each of the three festivals),
Beis Din filled three boxes, each of which held three Se'in (approximately
21.6, 25 or 43.2 liters, depending upon the differing Halachic opinions)
with Shekalim from that room. The portion that was set aside in the boxes
was called the "Terumas ha'Lishkah," while the remainder of the Shekalim
were called "Sheyarei ha'Lishkah" (Shekalim 7b, 8a). (See Insights to
Shekalim 9:2)
(c) There is a difference of opinion as to why the Terumas ha'Lishkah was
done three times a year rather than just once. One opinion states that the
reason was only to publicize the Terumas ha'Lishkah (Shekalim 2b, see
Insights there). According to others, Beis Din was concerned that the
Terumas ha'Lishkah should be collected from the Shekalim that arrived later
in the year (this opinion is also mentioned in the Yerushalmi, ibid.).
(d) The Shekalim from the Terumas ha'Lishkah were used to purchase the
animals needed for public sacrifices and for the wages of certain laborers
and appointees of Hekdesh. The Shekalim from the Sheyarei ha'Lishkah were
used to buy other goods necessary for the upkeep of the Mikdash and the
entire city of Yerushalayim (Shekalim 4a-b).
6a) [line 13] CHOMAS HA'IR - the walls of the city
b) [line 14] MIGDELOSEHA - its towers
c) [line 14] KOL TZORCHEI HA'IR - all the needs of the city
7) [line 17] AVNEI YERUSHALAYIM SHE'NASHRU - the stones of [the wall of]
Yerushalayim that became detached
8a) [line 21] K'IMRA... - [a Neder made by saying, "Let this item be to me
like Imra:] (a) [the] sheep [used as the Korban Tamid]; (b) [the] sheep
[that was born to a Korban Chatas]; (c) [the] ram [that Avraham Avinu
sacrificed on Har ha'Moriyah in place of Yitchak] (TOSFOS, Nedarim 10b)
(NEDER: HATFASAH)
A Neder can be made by "connecting" an object that is permitted to another
object that is prohibited, such as a Korban. The Gemara explains that when
making a Neder, one may only connect an object to a "Davar ha'Nadur," i.e.
another object which has been prohibited either through a Neder or by
becoming Hekdesh (consecrated). If one attempts to make a Neder by
connecting an object to a "Davar ha'Asur," the Neder is not binding (Nedarim
14a). "Davar ha'Asur" in this context refers to an object which is not
prohibited because of an Isur that a *person* placed upon it, but because of
an Isur Torah that applied to it naturally (e.g. meat that was cooked with
milk, or a non-kosher animal). According to some Tana'im, if a Neder is
pronounced by connecting an object to an object of Hekdesh, the object of
the Neder, too, becomes Hekdesh to the extent that one who benefits from it
must bring a Korban Me'ilah (Nedarim 35a, see Background to Yevamos 88:6).
b) [line 20] DIRIM - the *chambers* in the compound of the Beis ha'Mikdash
(a) where the lambs to be used for the Korban Tamid were checked to ensure
that they had no Mum (see Background to Yoma 15:19), known as the Lishkas
ha'Tela'im, Lishkas ha'Korban or Lishkas Tela'ei Korban), or (b) where wood
for the Mizbe'ach and for the bonfire in the Lishkas Beis ha'Moked was kept.
The wood was checked to ensure that it had no worms (this Lishkah was
located in the northeast corner of the Ezras Nashim, and was known as the
Lishkas ha'Etzim or Lishkas Dir ha'Etzim)
c) [line 20] ETZIM - the wood, referring to the wood that was placed on the
Mizbe'ach every morning
d) [line 21] ISHIM - the fires, (a) the fire kindled upon the Mizbe'ach
(RAN, Nedarim 11a), (b) fire-offerings (Tosfos, Nedarim 10b)
e) [line 21] HEICHAL - the Sanctuary, which contained the Menorah, the
Shulchan for the Lechem ha'Panim, and the Mizbe'ach for the Ketores
54b---------------------------------------54b
9) [line 4] V'LO AMRU B'SHOGEG MISCHALEL, ELA L'INYAN KORBAN BILVAD - and
the sources [who quote Rebbi Meir] only stated [that money of Hekdesh
becomes] unsanctified with regard to [the obligation to bring] a Korban
[Asham Me'ilos] (but the money remains sanctified. Bar Pada follows the
opinion of Rebbi Yochanan from Daf 53b and not Rav from 54a)
10) [line 5] KORBAN B'MAI MICHAYEV? - ...for what is there an obligation to
bring a Korban?
11) [line 8] V'LO AMRU B'SHOGEG MISCHALEL, ELA L'INYAN ACILAH BILVAD - and
the sources [who quote Rebbi Meir] only stated [that Hekdesh becomes]
unsanctified with regard to eating [foods of Hekdesh or burning oil of
Hekdesh] (where the actual object of Hekdesh is consumed. Money of Hekdesh
remains sanctified and a Korban is not required)
12) [line 14] KEREM REVA'I
(a) In the first three years after a tree is planted, its fruits are called
Orlah and are Asurim b'Hana'ah, as it states in Vayikra 19:23. The fruits of
the fourth year are called Neta Reva'i and are Kodesh (holy) (ibid. 19:24).
They must be brought to and eaten b'Taharah in Yerushalayim. Alternatively,
the fruits may be redeemed (Pidyon), in which case the money used to redeem
them is brought to Yerushalayim. The food that is bought with this money is
Kodesh like Neta Reva'i and must be eaten b'Taharah in Yerushalayim.
(b) The Gemara (Berachos 35a) records an argument as to whether the laws of
Neta Reva'i apply to all fruits or only to grapes (Kerem Reva'i). The
Halachah in Eretz Yisrael follows the opinion that the laws of Neta Reva'i
apply to all fruits (SHULCHAN ARUCH Yoreh De'ah 294:6).
(c) With regard to fruits that grew outside of Eretz Yisrael, there are
three opinions: 1. RABEINU YONAH to Berachos 35a, quoting RI HA'ZAKEN,
states that they have the same Halachah as fruits in Eretz Yisrael, and
require Pidyon; 2. The RAMBAM (Hilchos Ma'achalos Asuros 10:15) rules that
they do not require Pidyon; 3. GE'ONIM, TOSFOS Berachos 35a DH u'Leman and
ROSH to Berachos 35a explain that the rule, "the Halachah in Chutz la'Aretz
follows the opinion of those who hold the lenient opinion in Eretz Yisrael"
applies to Neta Reva'i. The lenient opinion is Kerem Reva'i, where the laws
of Kedushah and Pidyon apply only to grapes. Accordingly, only fourth-year
*grapes* need Pidyon.
(d) The SHACH (Yoreh De'ah 294:17) concludes that *all* fourth-year fruits
of Chutz la'Aretz should be redeemed without a Berachah in Chutz la'Aretz.
The Vilna Ga'on (ibid. 294:28) rules like the third opinion, 3., in which
case only grapes need Pidyon in Chutz la'Aretz, and a Berachah is recited on
their Pidyon.
13) [line 14] CHOMESH
(a) The Torah requires that Kerem Reva'i (see previous entry) be brought and
eaten by its owner in Yerushalayim.
(b) Alternatively, according to Beis Hillel (and Rebbi Meir, who, like Beis
Hillel, rules that Ma'aser Sheni is Mamon Gavo'ah and that Kerem Reva'i is
compared to Ma'aser Sheni) Kerem Reva'i produce may be redeemed, in which
case the money used to redeem it is brought to Yerushalayim. If the owner
himself redeems the produce, he must add an additional Chomesh, i.e. a
*fifth* (of the ensuing total, or a *quarter* of the original value). The
food that is bought with this money in Yerushalayim becomes Kodesh like
Kerem Reva'i and must be eaten b'Taharah. Kerem Reva'i that was redeemed by
anyone besides the owner is exempt from the additional fifth.
14) [line 15] BI'UR
(a) The Torah requires that at two times during the seven-year Shemitah
cycle the owner of a field must recite Viduy Ma'aser, as is learned from
Devarim 26:12-13.
(b) In the afternoon of Erev Pesach in the fourth and seventh years, the
owner first performs Bi'ur, giving all remaining Terumah and Terumas Ma'aser
to Kohanim, Ma'aser Rishon to Leviyim, and Ma'aser Ani to the poor. All
remaining Ma'aser Sheni, Kerem Rava'i, Pidyonos of Ma'aser Sheni and Kerem
Rava'i (coins on which Ma'aser Sheni and Kerem Rava'i were redeemed), and
Bikurim must be destroyed wherever they are.
(c) He then says Viduy Ma'aser, declaring that he has set aside all of the
required tithes and gifts, and that he kept all the Mitzvos with regard to
them. The declaration is found in Devarim 26:13-15, and may be recited in
any language that the owner understands. According to the MISHNAH (Ma'aser
Sheni 5:6), RASHI (Sanhedrin 11b) and TOSFOS (Rosh Hashanah 4a DH
u'Ma'asros), this declaration is stated in the afternoon of Erev Pesach.
According to the RAMBAM, (Hilchos Ma'aser Sheni 11:1-3), it is stated in the
afternoon of the last day of Pesach.
15) [line 16] PERET
(a) Individual (one or two) grapes that fall during the harvest may not be
gathered by the owner of the vine but must be left for the poor, as stated
in Vayikra (19:10), "...u'Feret Karmecha Lo Selaket, le'Ani vela'Ger Ta'azov
Osam" - "...nor shall you gather the fallen grapes of your vineyard; you
shall leave them (the gifts of Pe'ah, Leket, Olelos and Peret) for the poor
and the stranger."
(b) Since the verse uses the word "Karmecha" - "*your* vineyard," only the
owner of a vineyard leaves Peret for the poor. Beis Hillel rules that Kerem
Rava'i produce is Mamon Gavo'ah. As such, the owner is not required to leave
Peret from his vineyard.
16) [line 16] OLELOS
(a) Olelos are incompletely-formed grape clusters, in which no grapes hang
from the tip of the central stem, and the grapes on the side-stems that part
from the central stem do not lie on one another. These clusters must be left
behind on the vine for the poor, as stated in Vayikra (19:10), "v'Charmecha
Lo Se'olel...le'Ani vela'Ger Ta'azov Osam" - "And you shall not glean your
vineyard...you shall leave them (the gifts of Pe'ah, Leket, Olelos and
Peret) for the poor and the stranger."
(b) Since the verse uses the word "Karmecha" - "*your* vineyard," only the
owner of a vineyard leaves Olelos for the poor. Beis Hillel rules that Kerem
Rava'i produce is Mamon Gavo'ah. As such, the owner is not required to leave
Olelos from his vineyard.
17) [line 17] KULO LA'GAS - all of it (the fruit of the fourth year) goes to
the winepress (leaving nothing for the poor, since it is Mamon Gavo'ah and
not the personal property of the owner of the field)
18) [line 24] SHILE'ACH B'YAD PIKE'ACH, V'NIZKAR AD SHE'LO HIGI'A ETZEL
CHENVANI, CHENVANI MA'AL LECHESH'YOTZI - if he (the Gizbar/treaurer of
Hekdesh) sent money of Hekdesh in the hands of a Pike'ach (a competent
person) [to buy an item with the money for the Gizbar's own benefit], and he
remembered [that the money is money of Hekdesh] before the Pike'ach reached
the storeowner, the storeowner transgresses Me'ilah when he spends the money
19) [line 32] KEGON D'YAHIV NEHILEI B'TIVLEI - such as when he gave it (the
Ma'aser Sheni) to him while it was still Tevel (when none of the Terumos and
Ma'aseros had been separated from it)
20) [line 33] MATANOS SHE'LO HURMU K'MI SHE'LO HURMU DAMYAN - the priestly
gifts that have not yet been tithed are not considered as if they have
already been tithed; there is a Machlokes regarding this matter
21) [line 34] NETA REVA'I
See above, entry #12.
22) [line 38] KEGON D'YAHIV KESHE'HU SEMADAR - such as when he gave it (the
fruit of the fourth year) when it was in its budding stage, after the
flowers have fallen off (small grapes)
23) [line 39] SEMADAR ASUR MIPNEI SHE'HU PRI - a grape in its budding stage
is forbidden (as Orlah) because it is considered a full-fledged fruit
(ORLAH)
(a) In the first three years after a fruit tree is planted, its fruits are
called Orlah and are Asurim b'Hana'ah, as it states in Vayikra 19:23.
(b) If a person eats a k'Zayis of Orlah fruit, he receives Malkos. If he
derives benefit from Orlah (or any other food that is Asur b'Hana'ah),
according to most Rishonim he is punished with Malkos (TOSFOS Chulin 120a DH
Ela), while according to others, he is only punished with Makas Mardus, a
Rabbinic institution of Malkos. (RAMBAM Hilchos Ma'achalos Asuros 8:16 --
see also Mishneh l'Melech to Hilchos Yesodei ha'Torah 5:8)
24a) [line 40] MASHACH HEIMENU MA'ASER B'SELA - he pulled towards him (when
he was buying fruits of Ma'aser Sheni and making a Kinyan Meshichah - see
Background to Kidushin 48:3:a) the fruits of Ma'aser Sheni when they were
worth a Sela
b) [line 41] V'LO HISPIK LIFDOSO AD SHE'AMAD BI'SHTAYIM - and he did not
have a chance to redeem them until they became worth two Sela'im
c) [line 42] NOSEN SELA U'MISTAKER B'SELA, U'MA'ASER SHENI SHELO - he must
pay one Sela, and he profits one Sela, and the fruits of Ma'aser Sheni
belong to him (from the moment that he did Meshichah with them) (Girsa of
Rashi: *because* the fruits of Ma'aser Sheni belong to him (because he did
Meshichah with them))
25) [line 44] "(V'NASAN HA'KESEF) [V'YASAF CHAMISHIS KESEF ERKECHA ALAV]
V'KAM LO." - "[And if he who sanctified the field will in any way redeem it,
then he shall add the fifth part of its endowment value to it,] and it shall
be his." (Vayikra 27:19) - This verse shows that only Kesef, payment of
money, may be used to redeem Hekdesh (such as Ma'aser Sheni, according to
Rebbi Meir). Ownership of Hekdesh cannot be transferred to a private citizen
through any other form of Kinyan, such as Meshichah.
26) [line 46] HACHA CHAD STAMA; V'HACHA TREI STAMEI - here there is one Stam
(anonymous) Mishnah [supporting Rebbi Yehudah]; and here there are two Stam
Mishnayos [supporting Rebbi Meir]
27) [line 47] IY STAMA DAVKA, MAH LI CHAD STAMA, MAH LI TREI STAMEI? - and
if a Stam (anonymous) Mishnah was specifically taught [anonymously, to teach
that the Halachah follows that view], then what difference does it make if
there is one Stam Mishnah, or if there are two Stam Mishnayos?
28) [last line] BI'VCHIRASA - in the "choicest" of the Masechtos, Eduyos,
which is comprised of "testimonies" or "reports" of many different laws. It
is called Bechirasa since the Halachah follows these reports.
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