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Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld


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Kidushin 35

KIDUSHIN 32-35 - Ari Kornfeld has generously sponsored the Dafyomi publications for these Dafim for the benefit of Klal Yisrael.

1) AN ALTERNATIVE WAY TO LEARN

(a) Question: According to the opinion that we can learn from two verses, one of which could have been learned from the other - how can we learn?
(b) Answer (Rava): "(You will wear Tefilin)...in order that Hash-m's Torah will be in your mouth" - the entire Torah is equated to Tefilin.
1. Just as Tefilin is a Mitzvas Aseh that only applies at certain times and women are exempt - they are exempt from all Mitzvos Aseh that only applies at certain times
2. Inference: They are exempt from Mitzvas Aseh that only applies at certain times, but they are obligated in Mitzvos Aseh that apply at all times.
3. This answer is as the opinion that Tefilin does not apply at all times.
(c) Question: According to the opinion that Tefilin applies at all times, how can we answer?
(d) Answer: R. Meir is the one who holds that way - he holds that two verses, one of which could have been learned from the other, do not teach to other laws (so he learns as on 34B).
(e) Question: But R. Yehudah also holds that Tefilin applies at all times, and he holds that two verses, one of which could have been learned from the other, do teach to other laws - how can he learn?
(f) Answer: Matzo, Simchah and assembly are 3 verses, each of which could have been learned from the others, that women are obligated (so they do not teach to other laws).
2) NEGATIVE MITZVOS
(a) (Mishnah): Every negative Mitzvah...
(b) Question: From where do we know this?
(c) Answer #1 (Rav Yehudah): "A man or a woman that will commit any sin" - the Torah equates men and women for all punishments.
(d) Answer #2 (Beraisa - Tana d'Vei R. Eliezer): "That you will put in front of them" - the Torah equates men and women for all (monetary) laws.
(e) Answer #3 (d'Vei Chizkiyah): "That will kill a man or woman" - the Torah equates one who kills a man to one who kills a woman.
(f) It is necessary to hear all of these.
1. If we only heard regarding punishment - one might have thought, this is so women will get atonement, but monetary laws only apply to men (since it is the way of men to do business);
2. If we only heard regarding monetary laws - one might have thought, these apply to women, for the sake of their livelihood, but ransom for a person killed by a goring animal only applies to men, for they are commanded in all the Mitzvos.
35b---------------------------------------35b

3. If we only heard regarding ransom - one might have thought, this is because a soul was taken, but punishments and monetary laws do not apply to women - we hear, this is not so.
3) SHAVING AND CUTTING THE PE'OS
(a) (Mishnah): ...Except for cutting the Pe'os (the hair at the corners of the head), shaving (the corners of the beard), and becoming Tamei.
(b) We understand, they are not forbidden to become Teme'os - "The Kohanim, the sons of Aharon" - not the daughters of Aharon;
(c) Question: From where do we know that they are exempt from cutting the Pe'os and shaving?
(d) Answer: "Do not round the corner of your heads and do not destroy the corner of your beards" - whoever is commanded on the beard is commanded on the Pe'os of the head;
1. Since women are not forbidden to shave, they are not forbidden to cut Pe'os.
(e) Question: From where do we know that they are exempt from shaving?
(f) Answer #1: Logic dictates this, for women have no beards!
(g) Answer #2: A verse teaches this - "Do not round the corner of your (plural) heads and do not destroy the corner of your (singular) beards";
1. It changes to the singular form by beards, to teach that shaving does not apply to women.
(h) Question: Is this really true?!
1. (Beraisa): The beard of a woman, or a Seris that grew hair there - it is considered as a beard in all respects.
2. Suggestion: It is as a beard regarding the prohibition to shave!
3. Rejection (Abaye): That cannot be - we learn a Gezeirah Shavah "Pe'as-Pe'as" from the prohibition of Kohanim to shave.
i. Just as that does not apply to women (it says, "the sons of Aharon"), also the prohibition of Yisraelim to shave.
4. Question: "The sons of Aharon" is written by Tum'ah. If we say that it also applies to shaving (to exclude female Kohanim), there is no need for the Gezeirah Shavah!
i. The Torah gave extra Mitzvos to Kohanim, yet female Kohanim are not forbidden to shave - all the more so, the prohibition for Yisraelim to shave does not apply to women!
5. Answer: We would have said that "the sons of Aharon" does not apply to shaving, for there is an interruption - we only know that this is not so because of the Gezeirah Shavah. (If female Kohanim were forbidden to shave, the Gezeirah Shavah would not teach anything!)
6. Question: The Gezeirah Shavah could teach as the following Beraisa! ("The sons of Aharon" would not apply to shaving.)
i. (Beraisa): "They will not shave" - one might have thought that one is liable for shaving with scissors - "do not destroy (the corners of your beard - scissors do not cut the entire hair, this is not destruction)" teaches, this is not so;
ii. One might have thought that one is liable for destroying (removing) his beard with a planing tool or tweezers - "do not shave" (and these are not ways of shaving) teaches, this is not so.
iii. The Torah forbade shaving that destroys, i.e. with a razor.
7. Answer: We could have made the Gezeirah Shavah even if the Torah had said 'Do not round the Pe'as (corner) of your heads and do not destroy it (the corner) in your beards' (since it is as if it said 'the Pe'as in your beard')
i. The Torah explicitly said "the Pe'as in your beard" to show that the Gezeirah Shavah teaches us more (i.e., also that Benos Yisrael are exempt, just as Benos Aharon).
8. We still have not answered the Beraisa!
i. (Beraisa): The beard of a woman, or a Seris that grew hair there - it is considered as a beard in all respects.
(i) Answer #1 (Mar Zutra): It is considered a beard if Tzara'as appears in it.
1. Objection: But it explicitly says "A man or woman that will have a plague in the head or beard" (so why must a Beraisa teach this)?
(j) Answer #2 (Mar Zutra): Rather, it is as a beard to say that a Metzora must shave it to become Tahor.
(k) Question: This is obvious - since one can contract Tzara'as through it, it is also as a beard to become Tahor!
(l) Answer: Really, it is considered a beard if Tzara'as appears in it;
1. One might have thought that the verse says that a man or woman can have a plague of the head, but only men can have plagues of the beard - we hear, this is not so.
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