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Kidushin 66
KIDUSHIN 66 - sponsored by a generous grant from an anonymous donor. Kollel
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1) [line 1] NIRBA (ROVE'A V'NIRBA - a male animal (Rove'a) or a female
animal (Nirba) that had relations with a human)
(a) A Rove'a or a Nirba is an animal that had relations with a human, as
described in Vayikra 20:15-16 and in Sanhedrin 2a. These animals are put to
death (Shor ha'Niskal -- see next entry, (c-d)) so that they should not
cause other people to sin in a similar manner, and in order not to cause
disgrace to the sinner by reminding all who see these animals of the sin
that was done with them (Sanhedrin 54a).
(b) In the instance of a Rove'a and a Nirba, only if two witnesses saw the
act is the animal stoned by Beis Din and Asur b'Hana'ah. If only one witness
saw it, or if there were no witnesses but the owner told Beis Din of the
incident, the animal is not stoned and is Mutar b'Hana'ah but is unfit to be
brought as a Korban.
2) [line 2] SHE'HEMIS AL PI ED ECHAD O AL PI HA'BE'ALIM (KOFER)
(a) SHOR HA'MU'AD - An ox that gores two times is referred to as a Tam. The
owner only pays half the value of the damages that his ox causes through
goring. If the ox gored three times and the owner was informed and warned to
guard his ox each time, the ox is termed a Mu'ad and from then on the owner
has to pay the full value of the damages that his ox causes through goring.
(b) CHIYUV KOFER - If a person's Shor ha'Mu'ad kills another person, the
owner of the ox is Chayav Misah b'Yedei Shamayim. He can *redeem* himself by
paying Kofer to the children or heirs of the dead man, as the verse states,
"v'Im Kofer Yushas Alav, v'Nasan Pidyon Nafsho" (Shemos 21:30). The amount
paid as Kofer is defined as either the owner's value, or the dead man's
value, according to the various opinions of the Tana'im (Makos 2b). If the
ox kills a slave, the Kofer is 30 Sela'im and it is paid to the slave's
owner.
(c) SHOR HA'NISKAL - The term Shor ha'Niskal refers to any animal or bird
that is stoned to death by Beis Din. Such an animal is Asur b'Hana'ah after
the death sentence is issued. One of the instances of Shor ha'Niskal is an
animal that killed a person, as described in Shemos 21:28-31 and in
Sanhedrin 2a.
(d) In the event that an animal killed a person, only if two witnesses saw
the act is the animal stoned by Beis Din and Asur b'Hana'ah. If only one
witness saw it, or if there were no witnesses but the owner told Beis Din of
the incident, the animal is not stoned and is Mutar b'Hana'ah but is unfit
to be brought as a Korban.
3) [line 7] CHULIN BA'AZARAH
It is forbidden to slaughter animals in the Azarah other than Korbanos, as
we learn from the verse, "Since the place chosen by HaSh-m is far, ...you
need only slaughter..." (Devarim 12:21). Chazal learn from this verse that
we may only slaughter Chulin *outside* of the Azarah of the Beis ha'Mikdash.
If an unsanctified animal is slaughtered inside the Azarah, it becomes Asur
b'Hana'ah.
4) [line 15] EIN DAVAR SHEB'ERVAH PACHOS MI'SHNAYIM
Testimony concerning matters of "Ervah" (such as marriage and divorce)
cannot be rendered with less than two witnesses.
5) [line 16] SAMYA - a blind person
6) [line 26] KOCHALIS - the name of a country in the desert (RASHI),
possibly modern-day Southern Jordan (Arial - Encyclopaedia li'Ydi'as Eretz
Yisrael by Ze'ev Vilna'i, Tel Aviv 1977, Vol. IV, p. 3522.)
7) [line 29] MALUCHIM - a type of cheap vegetable; Atriplex halimus - a
perennial desert shrub, the fibrous leaves of which are boiled and eaten as
a vegetable
8) [line 36] HAKEM LAHEM BA'TZITZ SHE'BEIN EINECHA - make them stand up by
donning the Tzitz between your eyes (that is, show them that you consider
yourself to be the Kohen Gadol, and see what their response is)
9) [line 46] ROMSAM - kill them
10) [line 49] APIKORSUS - heresy
11) [line 55] MAI CHAZIS D'SAMACHT A'HANEI, SEMOCH A'HANEI - what do you see
that made you rely on these [witnesses, who say that Yanai's mother was not
captured]? Rely on these [witnesses, who say that she was captured]!
12) [line 56] EDEI HAZAMAH (EIDIM ZOMEMIM - Conspiring witnesses)
If two witnesses testify to a crime and a later set of witnesses disqualify
their testimony by saying that the first set of witnesses were with them in
a different place at the time the first set of witnesses claim the act took
place, the first witnesses are termed Edim Zomimin. The Torah commands that
the second set of witnesses be believed, rather than the first. In general,
they are punished with the punishment they tried to cause. (Devarim
19:16-21. See MISHNAH Makos 5a)
13) [last line] SHIFCHAH HICHNISU TACHTEHA - they (the Jews who rescued
Yanai's mother from her captors) clandestinely brought in a maidservant in
her place
66b---------------------------------------66b
14) [line 2] MEGURAH SHEL DISKIM - a pool of water of Diskim; Diskim was
either the name of a person who lived in Yavneh, or the name of a suburb in
Yavneh (RASHI)
15) [line 5] MIKVAH
(a) Rainwater (Notfin) is Metaher (purifies) if it is collected in a cavity,
or "b'Ashboren," a fact that is learned from Vayikra 11:36, where the verse
states that a "Mikveh Mayim" (an accumulation of water) purifies. While the
rainwater is flowing (down a slope, for example,) it cannot be Metaher.
(b) There must be at least 40 Se'ah of rainwater in a Mikvah in order for it
to be Metaher, which is approximately equal to 288, 331.78 or 576 liters,
depending upon the differing Halachic opinions.
16) [line 11] BEN GERUSHAH O BEN CHALUTZAH (CHALAL)
(a) The Torah (Vayikra 21:14) commands a Kohen Gadol not to marry a widow
(Almanah), divorcee (Gerushah), prostitute ("Zonah" -- see Background to
Gitin 79:22) or Chalalah. An ordinary Kohen (Hedyot) is permitted to marry a
widow, but not any of the other women listed above. The child from one of
the above-mentioned unions is invalidated from the Kehunah, and is called a
"Chalal." The Rabanan also prohibited all Kohanim from marrying a Chalutzah
(see Background to Gitin 80:4), and made the children of a Kohen from a
Chalutzah Chalalim mid'Rabanan.
(b) A Chalal may not serve in the Beis ha'Mikdash, and according to some
sources he is Chayav Misah b'Yedei Shamayim if he does (MINCHAS CHINUCH
275:5). A Chalal does not eat Terumah or the Kodshim reserved for Kohanim
(Terumos 8:1), and is not restricted with regard to the women that he is
allowed to marry. Chalalim are not prohibited from coming into contact with
corpses. Chalalim are not considered Kohanim with regard to the other
privileges and restrictions pertaining to Kohanim, as well.
(c) A widow, divorcee or prostitute who has relations with a Kohen Gadol,
and a divorcee or prostitute who has relations with a regular Kohen, becomes
a "Chalalah." Female children born through such a union are also Chalalos.
Also, any Jewish woman who has relations with a Chalal becomes a Chalalah
(even though she is permitted to have relations with him).
(d) A Chalalah is prohibited to marry a Kohen. If she does marry (and have
relations with) a Kohen, the Chalalah and the Kohen are punished with
Malkos. A Chalalah may not eat Terumah. Although a Jewish woman who has
living children from a Kohen normally eats Terumah, if she becomes a
Chalalah she may no longer eat Terumah. Similarly, although the daughter of
a Kohen normally eats Terumah until she becomes married to a non-Kohen, if
she becomes a Chalalah she may no longer eat Terumah (Yevamos 69a).
(e) There is a Mitzvas Aseh for a Kohen Gadol to marry a Besulah (Vayikra
21:13). If he transgresses this Aseh and marries a Be'ulah (who is not an
Almanah), the Tana'im argue as to whether the woman becomes a Chalalah and
whether the child is a Chalal.
17) [line 13] BA'AL MUM - a Kohen with a physical blemish which renders him
unfit to perform the Avodah in the Beis ha'Mikdash
(a) It is forbidden for a Kohen who has a Mum (blemish) to do the Avodah in
the Beis ha'Mikdash, whether the Mum is a Mum Kavu'a (a permanent blemish;
e.g. an amputated hand or foot) or a Mum Over (a temporary blemish; e.g.
boils). [According to the Rambam this is counted as two Lavin (#70 and 71).
According to the Ramban they are counted as one Lav.]
(b) There are three types of blemishes (Bechoros 43a): 1. blemishes that
invalidate a Kohen from doing the Avodah or invalidate an animal from being
offered as a sacrifice on the Mizbe'ach; 2. blemishes that only invalidate a
Kohen but not an animal; 3. blemishes that invalidate a Kohen and also an
animal but only because of Mar'is ha'Ayin (for appearance sake).
(c) If a Kohen who had a Mum did the Avodah: 1. if he had a Mum that
invalidates Kohanim and animals, his Avodah is Pesulah whether he did it
b'Shogeg or b'Mezid, and he receives Malkos if he did it b'Mezid; 2. if he
had a Mum that only invalidates Kohanim, his Avodah is Kesheirah (RAMBAM
Hilchos Bi'as Mikdash 6:6); 3. if he had a Mum that only invalidates him
because of Mar'is ha'Ayin, he does not receive Malkos and his Avodah is
Kesheirah. (Sefer ha'Chinuch #275, 276)
18) [line 32] SHELACH ACHAVI - throw off [your garments], and show [us
whether or not you are a Ba'al Mum]
19) [line 37] "V'HAYESAH LO UL'ZAR'O ACHARAV [BRIS KEHUNAS OLAM]." - "And it
will be to him and to his children after him [an everlasting covenant of
Kehunah]." (Bamidbar 25:13)
20) [line 39] "[YASIMU KETORAH B'APECHA, V'CHALIL AL MIZBECHECHA.] BARECH
HASH-M CHEILO, U'FO'AL YADAV TIRTZEH..." - "[They shall place incense in
Your presence and cause sacrifices to be consumed on Your altar.] HaSh-m,
bless his wealth, and favor the work of his hands..." (Devarim 33:10-11) -
Avuha di'Shmuel takes the word "Cheilo" as a hint to the profaned
descendants of the Kehunah (Chalalim).
21) [line 40] "U'VASA EL HA'KOHEN ASHER YIHEYEH BA'YAMIM HA'HEM." - "And you
shall come to the Kohen who will be in those days." (Devarim 26:3)
22) [line 45] VAV D'"SHALOM" KETI'AH HI - the letter Vav in the word
"Shalom" is severed (it is written with a slight break in its leg)
23) [line 47] ALMANAH L'CHOHEN GADOL, GERUSHAH V'CHALUTZAH L'CHOHEN HEDYOT -
see above, #16-a
24) [line 48] MAMZERES
(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).
25) [line 48] NESINAH/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).
26) [line 50] SHIFCHAH (SHIFCHAH KENA'ANIS)
(a) A Kena'ani (i.e. Nochri) slave or maidservant is forbidden to marry into
the Jewish people until he or she is freed. The verse states, "Lo Siheyeh
Kedeshah mi'Benos Yisrael," which the Targum translates as, "An Israelite
woman may not be married to a slave" (Devarim 23:18; see RAMBAM Hilchos
Isurei Bi'ah 12:13).
(b) The child born to a Shifchah from a Yisrael has the status of an Eved
Kena'ani.
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