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Kidushin 69
KIDUSHIN 69 - dedicated by Mr. Avi Berger of Queens, N.Y. in memory of his
parents, Pinchas ben Reb Avraham Yitzchak and Leah bas Michal Mordechai
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1) [line 4] MAI TALMUDA? - What is the basis for the deduction [of the
Rabanan] from this verse?
2) [line 4] AD'REBBI YOSI HA'GELILI - it (this verse) [actually] refers to
[the opinion of] Rebbi Yosi ha'Gelili (and is the basis of *his* deduction)
3) [line 10] USHPIZICHNEI - his host
4) [line 12] ZIL GENOV, V'IZDABEN B'EVED IVRI - go out and steal [money that
you will not be able to reimburse] and have yourself sold as an Eved Ivri
(see Background to Kidushin 68:7b)
5) [line 14] YOVEL
(a) The year after 7 Shemitah cycles of 7 years each is called the Yovel
year. There is an argument among the Tana'im as to whether the 50th year is
not counted as one of the years of Shemitah, or whether it is part of the
count and is itself *both* the Yovel and the 1st year of the next Shemitah
cycle.
(b) The Halachos of the Shemitah year apply in the Yovel year with regard to
not working the land and maintaining the sanctity of the fruits that grow
(see Background to Kidushin 58:12). In addition, at the start of the Yovel
year, all Jewish slaves (Eved Ivri, see Background to Kidushin 68:7b) are
set free and all properties that were sold since the previous Yovel year are
returned to their original owners (see Background to Kidushin 17:17). On Yom
ha'Kipurim of the Yovel Year, Beis Din blows a Shofar to denote that the
time has come to set free all of the slaves, as the Torah states in Vayikra
25:9.
(c) There is an argument among the Tana'im as to what is considered the
beginning of the Yovel year. According to the Chachamim, Yovel starts with
the Shofar blast of Yom ha'Kipurim. According to Rebbi Yochanan ben Berokah,
it begins at Rosh ha'Shanah, and the Shofar blast only denotes the
completion of the process of freeing the slaves (Rosh Hashanah 8b).
6) [line 17] "LO," HALECH ACHAR PESULO - the verse (Devarim 23:3) adds an
extra word, "Lo," that is seemingly unnecessary; it teaches that the Mamzer
transfers his sullied lineage to all his future generations
*****PEREK #4 ASARAH YUCHASIM*****
7) [line 23] ASARAH YUCHASIM - ten genealogical stocks
8) [line 23] CHALALEI (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 Kidushin 67:6), 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 whom 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.
9) [line 23] GEYAREI (GERIM - converts)
(a) A Kohen is prohibited to marry the daughter of a Chalal (see previous
entry), even if her mother is a Jewess of unsullied lineage. Rebbi Yehudah
rules that a Kohen is likewise prohibited to marry the daughter of a male
convert, even if her mother is a Jewess of unsullied lineage.
(b) The SHULCHAN ARUCH (Even ha'Ezer 7:21) rules that a Kohen l'Chatchilah
should not marry a woman whose parents are both converts; b'Dieved he may
remain married to her. If one of her parents is Jewish, she may marry a
Kohen l'Chatchilah, as long as her conception and birth took place after the
conversion of the parent who is a convert (Beis Shmuel ibid. 7:42).
(c) The reason a Kohen may not marry a convert is because she is in the
category of a "Zonah" (see Yevamos 60a-61a and Background to Gitin 79:22)
(Vayikra 21:7).
10) [line 23] CHARUREI (AVADIM MESHUCHRARIM - freed Nochri slaves)
(a) A Jew who owns a Nochri slave or maidservant (an Eved Kena'ani or a
Shifchah Kena'anis) may release them from bondage in one of two ways: by
accepting payment for their release, or by giving them a "Get Shichrur," or
bill of release (Kidushin 22b). If they are not released in one of these two
ways, they are still considered to be slaves for all Halachic matters (such
as with regard to who they are allowed to marry and what Mitzvos they are
obligated to keep).
(b) A Kohen is prohibited from marrying a freed Shifchah, because she is in
the category of a "Zonah" (see Yevamos 60a-61a and Background to Gitin
79:22) (Vayikra 21:7).
11) [line 23] MAMZEIREI (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 (our Mishnah). 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).
12) [line 23] NESINEI (NESIN/NESINAH)
(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 (Devarim 7:3;
Yevamos 76a).
13) [line 24] SHESUKEI (SHESUKI)
A Shesuki is a person (male or female) whose paternal lineage is in doubt,
and the possibility exists that he is a Mamzer (see above, entry #11). The
term is derived from the word Shesikah, silence, since when he calls for his
father, his mother tells him to be silent.
14) [line 24] ASUFEI (ASUFI)
An Asufi is a person (male or female) whose paternal *and* maternal lineage
is in doubt, and the possibility exists that he is a Mamzer (see above,
entry #11). The term is derived from the word Le'esof, to gather or bring
in, since he was brought in from the streets not knowing the identity of his
parents.
15) [line 28] BEDUKI - lit. "one who is examined" (the Gemara on 74a will
explain the meaning of this phrase)
16) [line 30] "... V'KAMTA V'ALISA EL HA'MAKOM ASHER YIVCHAR HASH-M
ELOKECHA." - "... you shall arise and go up to the place that HaSh-m your
G-d will choose." (Devarim 17:8)
69b---------------------------------------69b
17) [line 3] "LACHEN, HINEH YAMIM BA'IM..." - "Therefore, behold days are
coming, says HaSh-m, and they will no longer say, 'By the life of HaSh-m,
Who raised up the children of Yisrael from the land of Egypt,' but rather,
'By the life of HaSh-m, Who raised up and Who brought the seed of the house
of Yisrael from the land of the north and from all of the lands to which I
banished them there." (Yirmeyahu 23:7-8)
18) [line 10] SOLES NEKIYAH - finely sifted flour
19) [line 14] AFRUSHEI AFRESHINHU - they separated [those of sullied
lineage]
20) [line 16] KOL ARATZOS ISAH L'ERETZ YISRAEL - (a) all lands are
considered *waste* in comparison with Eretz Yisrael; the Kohanim and the
other inhabitants of Eretz Yisrael were careful to inspect the lineage of
all of its inhabitants (RASHI. Rashi (below, 71a) cites REBBI MOSHE
ME'ROMAT, who claims that the word "Isah" refers to the solid grape waste
that is left after the juice is squeezed out.); (b) all lands are considered
as a *dough* with regard to Eretz Yisrael; just as the different ingredients
of a dough are indiscernible from one another, the different families that
live outside of Eretz Yisrael are indiscernible (which ones are of reputable
lineage and which ones are Mamzerim) (RASHI to Kesuvos 111a)
21) [line 19] "VA'EKBETZEM EL HA'NAHAR..." - "And I gathered them together
at the river that runs to Ahavah, and we encamped there for three days; and
I inspected the people, and the Kohanim, but found there none of the sons of
Levi." (Ezra 8:15) - RASHI and TOSFOS explain that Leviyim *did* travel with
Ezra to Eretz Yisrael, however they were Ba'alei Mum who were unable to play
the musical instruments for the service in the Beis ha'Mikdash. When they
were captured and exiled by Nevuchadnetzar, he asked them to play for him
the songs of the Beis ha'Mikdash. Totally distraught by their predicament
and the blasphemous request, they bit off their thumbs so they were unable
to play the Temple instruments. Other Leviyim, who were needed for the
Temple service, did not travel with Ezra.
22a) [line 21] PESULIM - people of sullied lineage
b) [line 21] KESHEIRIM - people of pure lineage
23) [line 22] "VA'YESHVU HA'KOHANIM V'HA'LEVIYIM..." - "And they settled --
the Kohanim, and the Leviyim, and some from the nation, and the singers, and
the gatekeepers, and the Nesinim -- in their cities, and all of Yisrael in
their cities." (Ezra 2:70) - The mention of singers in this verse, which
includes those Leviyim who played the Temple instruments, seems to
contradict the verse cited previously (ibid. 8:15). The Mefarshim offer
several answers. Some suggest that the musicians came from countries other
than Bavel, or that they came from Bavel to Eretz Yisrael previously,
arriving before Ezra (RITVA). Others suggest that Ezra sent for those
Leviyim who were fit to play instruments afterwards, as is recorded in the
ensuing verses (ibid. 8:16-19). The TOSFOS ROSH writes that the Leviyim in
the time of Ezra played non-string instruments, which did not require thumbs
to play (Leviyim do not become unfit for service in the Beis ha'Mikdash due
to Mumim -- Chulin 24a).
24) [line 24] CHAZAKAH (the situation as it stood until now, i.e. an
assumption that is legally reliable)
(a) One of the most confusing aspects of the subject of "Chazakah" is that
the term "Chazakah" is used to describe so many unrelated laws. Just about
any logical clarification of a doubt (and more) is referred to by this name.
In our Sugya, it is referring to the rule that when doubt arises as to
whether the status of a certain person/object has changed, we assume that is
has not changed.
1. Such a "Chazakah" may be used in regard to a purely Halachic status (such
as Tamei/Tahor or Mutar/Asur), or in regards to a physical status that
effects the Halachah (such as an animal not being a Tereifah, or a Mikvah
not lacking the necessary amount of water).
2. A Chazakah may work forward in time (Chazakah D'Ikara), proving what will
be, or backward in time (Chazakah D'Hashta), proving what was.
(b) The word Chazakah is sometimes used to refer to what is actually a Ruba
d'Leisa Kaman (see Background to Yevamos 119:6), such as "Chazakah Sheli'ach
Oseh Shelichuso" (Chulin 12a). This is not the Chazakah we are discussing
here.
(c) Another Chazakah proves that if a man or woman have acted as brother and
sister for a long enough time, it is accepted as strong enough evidence of
their kinship to cause them to be executed for having forbidden relations
with each other (Kidushin 80a). This too, is not the subject of our Sugya.
25) [line 24] "UMI'BENEI HA'KOHANIM...AD AMOD KOHEN L'URIM UL'SUMIM." - "And
of the sons of the Kohanim were the sons of Chavayah, the sons of Hakotz,
the sons of Barzilai, who took a wife from the daughters of Barzilai the
Gil'adi and became called by their name. They searched for their documents
of lineage but they were not found, and they were banished from the Kehunah.
Hatirshasa (Nechemyah) said to them that they may not eat from Kodshim until
a Kohen arises to the Urim v'Tumim (to find out if they are genuine
Kohanim)." (Ezra 2:61-63)
26) [line 29] MA'ALIM MI'TERUMAH L'YUCHASIN - we verify (lit. bring up,
elevate) a person [whose lineage was not known] as a Kohen based upon the
fact that people apportion Terumah to him
27) [line 30] D'RI'A CHEZKAIHU - there is reason to question their Chazakah
28) [line 31] TERUMAH D'RABANAN / TERUMAH D'ORAISA
(a) After a crop is harvested and brought to the owner's house or yard, he
must separate Terumah Gedolah from the crop and give it to a Kohen. Although
the Torah does not specify the amount to be given, the Rabanan set the
requirement at one fiftieth of the total crop. After Terumah is removed from
the produce, one tenth of the produce that remains must be designated
"Ma'aser Rishon," and given to a Levi. The Levi, in turn, must separate one
tenth of his Ma'aser Rishon as Terumas Ma'aser, to be given to a Kohen, as
it states in Bamidbar 18:26.
(b) The produce may not be eaten (and is known as Tevel) until both Terumos
have been removed. The punishment for eating Tevel b'Mezid (intentionally)
is Malkos and Misah b'Yedei Shamayim. A non-Kohen may not eat Terumah. Even
Kohanim and their fanilies and slaves may not eat Terumah unless they are
Tehorim (ritually pure).
(c) The obligation to give Terumah is learned from the verse, "Reishis
Deganecha Tiroshecha v'Yitzharecha...Titen Lo" - "The first portion of your
*grain*, *wine* and *oil*...give [to the Kohen]" (Devarim 18:4). The
Rishonim dispute from which crops one is obligated to give Terumah
mid'Oraisa.
1. According to RASHI (here and elsewhere), TOSFOS (Bechoros 54a DH u'Shnei
and elsewhere), the RA'AVAD (Hilchos Ma'aser 1:9) and the SEFER HA'CHINUCH
(#507), Terumah mid'Oraisa is only taken from the crops mentioned in this
verse, grains, grapes and olives.
2. According to the RAMBAN (Devarim 14:22), Terumah mid'Oraisa is only taken
from grains, wine and olive oil, but not from raw grapes and olives.
(According to Tosfos in Bava Metzia 88b DH Ki, although Terumah mid'Oraisa
must be taken from grapes and olives as well, that is only if they were
harvested to be eaten.)
3. According to the RAMBAM (Hilchos Terumos 2:1,6), Terumah mid'Oraisa must
be taken from all produce that is not ownerless (Hefker), that grows from
the ground and that is regularly eaten by humans.
(d) According to all opinions, there is at least a Mitzvah mid'Rabanan to
separate Terumah from all produce that is not ownerless, that grows from the
ground, and that is regularly eaten by humans (MINCHAS CHINUCH # 507).
29a) [line 37] MIDI D'MIKRI KODESH - something that is called Kodesh
(Terumah)
b) [line 38] MIDI D'MIKRI KODSHIM - something that is called Kodshim
(parts of the sacrifices, specifically the Chazeh v'Shok -- see next entry)
30) [last line] B'MURAM MIN HA'KODSHIM (CHAZEH V'SHOK)
The chest and the hind leg of the Korban Shelamim (peace offering) were
waved in a prescribed manner and were then given as a gift to the Kohanim,
as described in Vayikra 7:28-36.
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