BACKGROUND TO THE DAILY DAF
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KIDUSHIN 13 - Dedicated by Rabbi Dr. Eli Turkel of Ra'anana, Israel, in memory of his grandparents, Reb Shlomo ben Eliezer Lipa ha'Levi Turkel (whose Yahrzeit is on 21 Tishrei, Hoshana Raba) and Rachel Turkel.
[13a - 48 lines; 13b - 48 lines]
1) [line 5] KASHU VAH - they had difficulty with it (the preceding Sugya)
2) [line 5] PUM NAHARA - the name of a place in Bavel, at the mouth of a river (Pum = mouth; Nahara = river), whose inhabitants were impoverished Jews
3) [line 8] MISBEREI - they break
4) [line 10] PARICH RAV ACHAI - Rav Achai challenged [Rav Huna brei d'Rav Yehoshua's assertion]
5) [line 15] CHUSHU LAH - you must be concerned for it (Rav Huna brei d'Rav Yehoshua's assertion) [and consider the woman to be married out of doubt]
6) [line 16] VARSHECHEI - (a) (O.F. bendels - a bundle or the belt or tie-rope used to make a bundle of some item) bundles of silk; silk belts or ties (RASHI to Bava Metzia 51a); (b) [strings of] pearls (RABEINU CHANANEL); (c) (O.F. frontal) golden frontlets, which are ornamental plates that cover the forehead from ear to ear (RABEINU GERSHOM)
7a) [line 21] GEZEL - robbery (overt stealing)
b) [line 21] CHAMAS - extortion (snatching an article and forcing the owner to accept money for it)
c) [line 21] GENEIVAH - theft (clandestine stealing)
8) [line 37] KI NACH NAFSHEI D'RAV ASI - when Rav Asi passed away
9) [line 37] AILU RABANAN L'NAKUTIN'HU LI'SHEMA'ATEI - the Rabanan came up into the study hall to gather together his teachings (so they not be forgotten)
10) [line 41] CHALIPIN
(a) When a person buys an object, he must make a Ma'aseh Kinyan, a formal Halachically-binding act denoting his acquisition of the object, in order for the sale to be irrevocably binding. Depending on what object one is acquiring, different Kinyanim are used, as follows.
(b) The forms of Kinyan that may be used for the acquisition of Metaltelin (mobile items) are:
1. Hagbahah, i.e. lifting the item;
2. Meshichah, i.e. pulling the item or causing it to move;
3. Mesirah, i.e. handing over the reigns of an animal or the tie lines of a boat, or a bill of debt (Shtar Chov);
4. Chatzer, i.e. bringing the item into one's private domain;
5. Chalipin (exchange or barter), i.e. taking another object to demonstrate one's consent for the Kinyan (or for an agreement).
6. Agav, i.e. acquiring the movable object automatically upon the acquisition of land.
(c) The forms of Kinyan that may be used for the acquisition of land are:
1. Kesef, i.e. paying at least a Perutah's worth of money for the land;
2. Shtar, i.e. receiving a legal document containing the details of the sale;
3. Chazakah, i.e. performing an act that is normally performed only by an owner;
4. Chalipin (as mentioned above, b:5)
(d) The source for Kinyan Chalipin in the Torah is from the verse in Ruth 4:7-8, in which this Kinyan is used by Boaz. Although Kinyan Chalipin may be accomplished through the barter of two equally-valued items, it is normally no more than a symbolic act in which an object of little value is given over in order to represent the acquisition of an object of value. For example, Chalipin may be accomplished by taking possession momentarily of a scarf or piece of cloth (Sudar) that belongs to the other party in order to make a Kinyan on another object that is being transferred. For this reason, Chalipin is also known as "Kinyan Sudar." (The other object is not simply handed over to the buyer to make the Kinyan with Meshichah either because it is not present or because it is too large or it is unfeasible to hand it over, for example in the case of the transfer of land.)
(e) The Gemara records a Machlokes among the Amora'im as to whether the Sudar used in the symbolic Kinyan is given by the buyer (in exchange for the object that is being acquired) or by the seller (along with the object that is being acquired). The Halachic ruling is that the buyer gives the Sudar, and in return he acquires the object that is being transferred (Bava Metzia 47b).
11) [line 42] TIV - the [legal] form [of Gitin and Kidushin]
12) [line 44] "ALOH V'CHACHESH V'RATZO'ACH V'GANOV V'NA'OF PARATZU, V'DAMIM B'DAMIM NAGA'U." - "Making false oaths and lying and murder and theft and adultery have broken out, and blood has met with blood." (Hoshea 4:2)
13) [line 45] "AL KEN TE'EVAL HA'ARETZ, V'UMLAL KOL YOSHEV BAH, B'CHAYAS HA'SADEH UV'OF HA'SHAMAYIM, V'GAM DEGEI HA'YAM YE'ASEFU." - "Because of this shall the land be destroyed, and all who live in it shall be distraught, with the beasts of the field and the birds of the skies, and the fish of the sea shall also be destroyed." (Hoshea 4:3)
14) [line 47] CHARAVAH - dry land
15) [last line] "...KI MIPENEI ALAH AVLAH HA'ARETZ..." - "...it is because of making false oaths that the land shall be destroyed..." (Yirmeyahu 23:10)
16) [line 2] HA'ISHAH SHE'HEVI'AH CHATASAH (KORBAN YOLEDES)
(a) In Vayikra 12:1-8 the Torah discusses the laws of Tum'ah and Taharah after childbirth. After a woman gives birth, she must wait for a certain amount of time before she can enter the Beis ha'Mikdash or eat Kodshim. That time period is divided into two stages: 1. During the initial stage, she has the status of a Nidah (even if she had not seen any blood). If she gave birth to a male, this lasts for seven days. If a female was born, this stage lasts for two weeks. At the end of this period, she may go to the Mikvah after nightfall. After she has gone to the Mikvah, she is permitted to eat Terumah, if she is the wife of a Kohen. 2. During the second stage, any blood that she sees does not give her the status of a Nidah as it normally would. The blood that she sees during this period is called Dam Tohar. Nevertheless, during this period, she may not eat Kodshim or enter the Beis ha'Mikdash. This lasts for thirty-three days for a male, and sixty-six days for a female. Thus, the total waiting period for a male is forty days and for a female, eighty days.
(b) At the end of the above two stages, the woman may eat Kodshim and enter the Azarah of the Beis ha'Mikdash only after she brings a Korban Yoledes. Until then she is a Mechuseres Kaparah (see Background to Nedarim 35:9). As such, in order to stand alongside her Korban while it is being offered, she may only enter as far as the archway of Sha'arei Nikanor (see Background to Sotah 7:8b). Her Korban includes a male sheep as an Olah and a Tor (turtledove) or a Ben Yonah (common dove) as a Chatas. If she could not afford a sheep, she brings 2 Torim or 2 Benei Yonah, one as an Olah and one as a Chatas. (The current practice is to consider a woman a Nidah even during the period of Dam Tohar -- see Insights to Nidah 25a.)
17) [line 6] SHI'ABUDA - a lien on one's property due to a debt incurred
18) [line 10] MILVEH AL PEH GOVEH MIN HA'YORSHIN - Rav and Shmuel argue with Rebbi Yochanan and Reish Lakish regarding whether or not a debt which was not written in a contract can be collected from the debtor's heirs if he dies. This Machlokes, our Gemara explains, is the same as the Machlokes whether or not there is automatically a lien on the debtor's property mid'Oraisa.
19) [line 11] LEKUCHOS - buyers (of land from the debtor)
20) [line 14] MILVEH KESUVAH BA'TORAH
There is an argument whether a monetary obligation arising from a biblical law (such as payment for damages, Erchin, or Pidyon ha'Ben), is as binding as if it had been written in a contract. If it is as binding, the payments can be collected from the inheritors.
21) [line 22] LEIS LEI KOLA - (lit. it has no voice) the information [about the debt] will not become well known
22) [line 25] HU ASARAH V'HU SHARASAH - he (the husband) made her prohibited (to other men by marrying her), and therefore he permits her (to marry other men, with his death, as well)
23) [line 31] ALMANAH L'CHOHEN GADOL
(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 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.
24) [line 35] ALAMAH - why
25) [line 37] PESULEI HA'MUKDASHIM
(a) Pesulei ha'Mukdashin are Korbanos that became unfit to be offered upon the Mizbe'ach because of a Mum (blemish). After they are redeemed, it is still forbidden to work with them ("Avodah") or to shear them ("Gizah"). The milk they produce is also forbidden. They are only permitted to be eaten after being slaughtered (Bechoros 15b).
(b) The Mishnah in Bechoros (5:1) states that Pesulei ha'Mukdashin may be sold in the marketplace and weighed with a Roman Libra, a pound. These acts are normally considered unfitting for Kodshim, and are prohibited to be done to a Bechor
26) [line 38] ME'ILAH
(a) It is forbidden to derive personal benefit from anything that is Hekdesh, as the Torah states, "Lo Suchal le'Echol b'Sha'arecha...u'Nedarecha Asher Tidor" - "You may not eat in your settlements...and your pledges [to Hekdesh] that you will pledge" (Devarim 12:17) (RAMBAM Hilchos Me'ilah 1:1-3; see Insights to Me'ilah 2:1). The minimum amount for which one transgresses this prohibition is a Perutah's worth of benefit.
(b) If someone benefited from Hekdesh intentionally, he receives Malkos and must pay to Hekdesh the amount that he benefited. However, the object from which he benefited remains Hekdesh.
(c) If someone benefited from Hekdesh unintentionally, the object loses its Kedushah. He must bring a Korban Me'ilah and repay Hekdesh the value of his benefit plus an additional fifth (of the ensuing total, or a quarter of the original value). This is true of any object that has Kedushas Damim (i.e. it's value is consecrated to Hekdesh). An object that has Kedushas ha'Guf (i.e. an object with intrinsic Kedushah, such as the utensils used in the Beis ha'Mikdash or a live Korban that is used in the Beis ha'Mikdash "as is") does not lose its Kedushah under any circumstances (Rosh Hashanah 28a).
(d) The Lav of Me'ilah applies to the entire body of an animal that is Kodshei Kodashim, from the time that it is sanctified. After its blood is cast on the Mizbe'ach, the Lav of Me'ilah only applies to the Eimurim of the animal (i.e., to the parts of the animal that are offered on the Mizbe'ach). Those Korbanos the parts of which the Kohanim may eat are no longer called "Kodshei HaSh-m" (Vayikra 5:15).
(e) The Lav of Me'ilah does not apply to Kodshim Kalim while they are alive since they are the property of their owner and are not termed "Kodshei HaSh-m." After their blood is cast on the Mizbe'ach, the Lav of Me'ilah applies to the Eimurim (just as in Kodshei Kodashim) since they become Kodshei HaSh-m. (See chart to Me'ilah #1)
27) [line 38] ASIREI B'GIZAH V'AVODAH
It is forbidden to shear or work with an animal that is Kodesh, as is learned from Devarim 15:19. Even if the animal develops a Mum (a blemish that invalidates it), this prohibition remains, as Chazal learn in Bechoros 15a, from the verse in Devarim 12:15.
28) [line 38] PARKINHU - once they have been redeemed
Index to Background for Maseches Kidushin