KIDUSHIN 18 - dedicated by a Talmid of Rabbi Kornfeld in Chicago. May Hashem bestow upon him and his wife Berachah in all their endeavors, and Yiddishe Nachas and joy from their dear children.

[18a - 51 lines; 18b - 34 lines]

1)[line 4]ישראל מומרYISRAEL MUMAR- (a) a Jewish apostate, a person who does not keep the laws of the Torah, (b) a Jewish infidel or idolater. (See Insights)

2)[line 23]בכפילוB'KEFEILO (TASHLUMEI CHEFEL - a thief's double restitution)

(a)If a thief surreptitiously steals an object from a fellow Jew, and is found guilty of the theft in court based on the testimony of valid witnesses, he must return the object (if it is still in its original state) or its value (if it is not) to its owner (Vayikra 5:23). In addition, the thief is obligated to pay the victim of the theft the value of the stolen object a second time. Restitution of the value of the stolen object is called "Keren," and the additional payment is known as "Kefel."

(b)Only a thief ("Ganav") who steals surreptitiously pays Kefel, and not a robber ("Gazlan"), who brazenly burglarizes and takes the possessions of others by force. Chazal explain that the Torah punishes a thief more stringently than a robber because of the disrespect he shows for the Creator by taking care to avoid the eyes of man, while not being bothered in the least by the eye of the One Above that is constantly watching (Bava Kama 79b).

(c)A thief does not pay Kefel unless he makes a "Kinyan," an act of acquisition, on the object that he steals (e.g. by lifting it up, bringing it into his own property, drawing it towards himself in a semi-secluded area, etc.). If he simply broke or ruined another person's object without making a Kinyan on it first, he is not considered to be a "Ganav" but a "Mazik" ("one who causes damage"), and he does not pay Kefel.

(d)A thief does not pay Kefel if he steals Shtaros (bills of ownership or promissory notes). Most Tana'im hold that a thief does not pay Kefel if he steals land or slaves (Bava Kama 117b).

(e)Kefel, like any other payment that involves over-compensation for a monetary loss, is considered a "Kenas" (penalty) rather than "Mamon" (compensation). As is true of every Kenas, a thief does not have to pay Kefel if he admits to his theft of his own accord. Only if witnesses testify to his guilt in court must he pay. If he admits to the theft of his own accord, and later witnesses testify to his guilt in court, the Amora'im argue as to whether or not he must pay the Kefel (Bava Kama 74b-75a - he is exempted from payment, according to the lenient opinion, only if his admission took place under specific circumstances). Until he is obligated to pay the Kefel in court, the thief is fully exempt from paying Kefel, and does not even have a moral obligation to pay it on his own accord (RASHBA Bava Kama 74b, see also RAMBAN in Milchamos at the end of the third Perek of Kesuvos).

(f)If a thief can make restitution of the Keren but not the Kefel, he is not sold as a slave to pay back the Kefel.

3)[line 24]בזממוB'ZEMAMO (EDIM ZOMEMIN)

(a)If two witnesses testify to a crime or an event and a later set of witnesses contradict their testimony by saying that the crime or event did not take place exactly as the first set of witnesses testified, all of the witnesses are termed Edim Mukchashim (contradictory witnesses), and Beis Din cannot use either testimony.

(b)If, however, two witnesses testify to a crime or an event 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 that the first set of witnesses claim that the act took place, the first witnesses are termed Edim Zomemin (conspiring witnesses). The Torah commands that the second set of witnesses be believed, rather than the first. In general, Edim Zomemim are punished with the punishment they tried to cause. (Devarim 19:16-21; see MISHNAH Makos 5a.)

(c)If Edim Zomemim testify that a person stole money and they do not have the money with which to pay the amount that they were trying to obligate him, they are not sold as slaves to pay their debt.

4)[line 29]גניבו אלף ושוה חמש מאותGENEIVO ELEF V'SHAVEH CHAMESH ME'OS- his theft had a value of 1000 Dinerin while he is valued (as a slave) at 500 Dinerin

5)[line 39]דכתבנא ליה שטרא אדמיהD'CHASAVNA LEI SHETARA A'DAMEHA- that she writes him a promissory note for the outstanding value of her service as an Amah Ivriyah

6a)[line 39]נקיט מרגניתא בידיהNAKIT MARGENISA B'YADEI- he is holding a gem (the Amah Ivriyah) in his hand

b)[line 40]יהיבנא ליה חספא?YAHIVNA LEI CHASPA?- does she substitute a potsherd (the promissory note) for it?

7)[line 41]פגם משפחהPEGAM MISHPACHAH- discredit of the family

8a)[line 46]לאישותL'ISHUS- for marriage

b)[line 46]לשפחותL'SHIFCHUS- for servitude (as an Amah Ivriyah)

9)[last line]"בבגדו בה""... B'VIGDO BAH"- "[If she pleases not her master, who [should have] designated her for himself, then shall he let her be redeemed; he has no power to sell her to a foreign nation,] seeing he has dealt deceitfully with her." (Shemos 21:8) - The word "Bigdo" can be understood in two different ways: "his garment" and "his disloyalty."

18b----------------------------------------18b

10a)[line 1]כיון שפירש טליתו עליהKEIVAN SHE'PIRES TALISO ALEHA- once he has "spread out his garment over her" as her husband

b)[line 3]שבגד בהSHE'BAGAD BAH- he acted towards her with disloyalty

11)[line 4]יש אם למסורת/יש אם למקראYESH EM LA'MASORES / YESH EM LA'MIKRA

(a)Some words in the Torah, based on the Mesorah (the authoritative "Tradition"), are read differently from the way that they are written. There is no question how the verse is to be read when reading the Torah, since the Mesorah specifies a certain way of reading it. However, the Tana'im argue about how to learn Halachos from such verses. "Yesh Em la'Masores" means that we learn Halachos from the verse based on the way it is written; "Yesh Em la'Mikra" means that we learn Halachos from the verse based on the way it is read.

(b)For example, according to the Mesorah, the word "b'Vigdo" is written without a "Yud," implying a pronunciation of "b'Vogdo" (disloyalty, as in the word Boged, traitor), which is not the way that we read it. We pronounce the word as "b'Vigdo," as in "va'Tispesehu b'Vigdo" - "she caught him by his garment" (Bereishis 39:12).

12)[line 6]יעודYI'UD

The Torah gives to the master of a Jewish maidservant the option of being Mekadesh her through a procedure called "Yi'ud." The Kidushin takes effect through the money that he initially gave to her father when he purchased her, as described on Daf 19a.

13a)[line 6]נישואיןNISU'IN- the stage of completion of the marriage, in general connoting that the husband brings his wife into his house (see Background to Kidushin 2:1:II:c).

b)[line 7]אירוסיןEIRUSIN- betrothal, the stage of marriage known as "Eirusin" in the Torah (Devarim 22:23), that was given the name "Kidushin" by the Rabanan to denote that through this act, the husband prohibits the wife to the entire world, just as Hekdesh (a sanctified object) is prohibited for ordinary use (Kidushin 2b; see also Tosfos 7a DH v'Nifshetu and Background to Kidushin 2:1:II:b).

14a)[line 7]ליורשהL'YORSHAH- to inherit from her

b)[line 8]וליטמא להU'LITAMEI LAH - [if the husband is a Kohen,] to become Tamei for her (in order to bury her) [if she passes away]

See Background to Kidushin 10:4b.

c)[line 8]ולהפר נדריהUL'HAFER NEDAREHA - and to annul her vows

See Background to Kidushin 10:4c.

15)[line 15]בשארה כסותה ועונתהSHE'EIRAH KESUSAH V'ONASAH

(a)Marriage creates a mutual bond between the husband and his wife, which is expressed in many ways. This also implies a familial relationship between a man and his wife, much like that between blood relatives. (Chazal refer to this bond as "She'er" - Yevamos 97a.) This husband/wife relationship obligates the parties in marriage to each other monetarily as well. (see Background to Kidushin 2:1 for a full discussion of this topic).

(a)Among the obligations of the husband towards his wife is that he must provide her with She'er (sustenance), Kesus (clothing), and Onah (marital relations).

16)[line 18, 19]אלמנה לכהן גדול / גרושה וחלוצה לכהן הדיוטALMANAH L'CHOHEN GADOL / GERUSAH V'CHALUTZAH L'CHOHEN HEDYOT

(a)The Torah (Vayikra 21:14) commands a Kohen Gadol not to marry a widow (Almanah), divorcee (Gerushah), prostitute ("Zonah" - see Background to Kidushin 10:12), 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 20]דקדיש נפשהD'KADISH NAFSHAH- that she accepted Kidushin herself (which has no Halachic effect)

18)[line 21]דקדשה אביהD'KIDSHAH AVIHA - that her father accepted Kidushin for her (KIDUSHEI KETANAH AL YEDEI AVIHAH)

See Background to Kidushin 10:5.

19)[line 25]מעות הראשונות לאו לקידושין ניתנוMA'OS HA'RISHONOS LAV L'KIDUSHIN NITNU- the Kidushei Yi'ud does not take effect through the money that the master initially gave to the Amah's father when he purchased her. (Rather, it takes effect when the master absolves her of the remainder of her obligation of servitude, thus doing the Amah a favor that is of value to her. In order for this to take place, there must be enough time left in the day for there to be a significant monetary amount of servitude left, i.e. a Perutah or more.)

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