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THE YISRAEL SHIMON HA'LEVI TURKEL MASECHES KIDUSHIN

prepared by Rabbi Eliezer Chrysler of Kollel Iyun Hadaf

daf@dafyomi.co.il, www.dafyomi.co.il

Rosh Kollel: Rabbi Mordecai Kornfeld

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KIDUSHIN 39

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TOSFOS DH T'NI CHADASH

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(a) We try to justify the original text 'Af he'Chadash' - by placing Chadash together with Kil'ayim, which, we assume, does apply in Chutz la'Aretz.

(b) We ...

1. ... initially reject this suggestion - inasmuch as it is not logical to obligate Kil'ayim any more than Orlah (so we take for granted that, since the latter does not apply, the former does not apply either).

2. ... reject it even assuming that Kil'ayim does apply in Chutz la'Aretz - seeing as Kil'ayim in Chutz la'Aretz is only mi'd'Rebbibbana, whereas Chadash is d'Oraisa. Consequently, it would be inappropriate to writs 'Af he'Chadash'.

TOSFOS DH HA'HU LI'ME'UTEI ZERA'IM

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(a) Rashi explains this specifically in connection with Zera'im be'Kerem (seeds in a vineyard), and not in connection with K'lai Zera'im (a mixture of seeds in a field) - because the latter is Chovas Karka (a Mitzvah to do with the land, and does not therefore require a Pasuk to teach us that it does not apply in Chutz la'Aretz.

(b) Granted, Zera'im be'Kerem is Chovas Karka too. However, Zera'im be'Kerem - are Isuran Isur Olam, and they are Asur be'Hana'ah, in which case if not for the Pasuk, we would learn that they apply in Chutz la'Aretz with a 'Kal-va'Chomer' from Chadash.

(d) ... so they did not even forbid them in Chutz la'Aretz mid'Rabanan.

TOSFOS DH LO KAYMA-LAN KE'R. YASHIYAH DE'AMAR AD SHE'YIZRA CHITAH, SE'ORAH VE'CHARTAN BE'MAPOLES YAD

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(a) Rashi interprets Rav Yosef's statement to mean - that he does not know from where R. Yoshiya learns his lenient ruling.

(b) R. Yoshiya's source for his ruling that one needs to plant them simultaneously - is the Pasuk "Lo Tizra Karm'cha Kil'ayim", implying that that the grape-seeds must be planted together with the other seeds.

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(a) And what will happen, according to him, if one plants two kinds of seeds on their own (without grape-seeds), according to R. Yoshiya?

(b) The Gemara learns that "Sadcha" - comes to preclude K'lai Zera'im in Chutz la"Aretz ...

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(a) We prove this further from the Yerushalmi, which asks - why, in light of the Pasuk "Sad'cha Lo Tizra Kil'ayim", do we still need the Pasuk "Karm'cha Lo Tizra Kil'ayim" ...

(b) ... to which the Chavraya answer - that we need both Pesukim in order to present two Lavin (so that someone who contravenes them after having been warned of both Lavin, will receive two sets of Malkos.

(c) The proof lies in the question, why we need the Pasuk "Sad'cha Lo Tizra Kil'ayim", which would make no sense if K'lai Zera'im on their own were permitted.

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(a) What in fact, prompts R. Yoshiya to learn that K'lai ha'Kerem requires three kinds of seeds - is the fact - is the Pasuk "Karm'cha Lo Tizra Kil'ayim", which implies that there are already Kil'ayim before he plants them together with the grape-seeds.

(b) K'lai Zera'im requires only two - because in the Pasuk "Sad'cha Lo Tizra Kil'ayim", "Sad'cha" simply means the ground, in which case the Pasuk is simply prohibiting the planting of two kinds of seeds in the field.

(c) The author of the two Stam Mishnos in Kil'ayim, which declare Chayav a. someone who passes a holed flower-pot through a vineyard (under certain circumstances), and b. someone who spreads his vines over somebody else's crops is - the Chachamim of R. Yoshiya (who do not require two kinds of seeds together with the grape-seeds).

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(a) Despite the Stam Mishnos in Kil'ayim, the Gemara in Berachos rules like R. Yoshiya. What the Gemara actually says in this regard is - that the Minhag is like the three elders, one of whom is R. Yoshiya.

(b) We reconcile this with Rav Yosef, who specifically negates it - in that Abaye resolves Rav Yosef's problem.

(c) According to R. Shmuel from Aivra - it is preferable not to plant seeds within three Tefachim of the roots of a tree - because it looks as if one is grafting them into the tree (Harkavah).

39b----------------------------------------39b

TOSFOS DH SHE'IM HAYSAH SHEKULAH, MACHRA'AS

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(a) The problem with this statement of Rav Shemayah is from the Gemara in Rosh Hashanah, which learns from the Pasuk in Ki Sissa "Rav Chesed" - 'Mateh K'lapei Chesed'), in which case why do we need the Hachra'ah of the Mitzvos mentioned in the Sugya?

(b) We answer - that whereas in spite of 'Mateh K'lapei Chesed', he remains a Beinoni, the 'Machra'as' here turns him into a Tzadik.

TOSFOS DH MASNISIN DE'AVID LEIH BE'YOM TOV VE'YOM BISH

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(a) According to Rashi, 'Yom Tov' - refers to someone with more Mitzvos than sins, and 'Yom Bish' - to someone with more sins than Mitzvos.

(b) When Rashi explains that ...

1. ... 'Yom Tov' really means punishment, he means - that Hash-m punishes him for his sins in this world, so that the World to Come will be a genuine Yom-Tov.

2. ... 'Yom Bish' means reward, he means - that Hash-m rewards him in this world, so as to punish him for his sins to the full in the World to Come.

(c) Rava, re-establishes 'Metivin lo' with reference to - eating 'the fruit' of one's Mitzvos in this world (though the bulk of the reward is reserved for the World to Come ...

(d) ... and the author of the Beraisa which says 'Meri'in lo' - meaning in this world, is R. Ya'akov, who maintains that there is no reward for Mitzvos in this world.

10)

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(a) The problem with Rashi's explanation, lies in Rava's words 'Ha Mani, R. Ya'akov' - implying that until now we established the Beraisa not like R. Ya'akov, whereas according to Rashi, Abaye too, explained both our Mishnah and the Beraisa like R. Ya'akov.

(b) Rabeinu Tam therefore interprets ...

1. ... 'Yom Tov' - with reference to a Rasha, whom Hash-m fixes a day in this world on which he rewards him for his good deeds, though for most of his life he suffers for all his sins.

2. ... 'Yom Bish' with reference to a Tzadik, whom Hash-m fixes a day in this world on which he punishes him for his sins, though for most of his life he has it good to reward him for all his good deeds.

1. ... more merits than sins now says 'Meri'in lo ve'Domeh k'mi she'Saraf Kol ha'Torah Kulah ... ' - it is referring to the one day of which we just spoke, as it is when it says, with reference to someone who has ...

2. ... more sins than merits 'Metivin lo ve'Domeh k'mi she'Kiyem Kol ha'Torah Kulah ... '.

(d) Rava interprets 'Meri'in lo ... ' - with reference to someone who has more merits than sins, who receives all his retribution for his sins in this world, and all his reward in the World to Come (like R. Ya'akov).

TOSFOS DH MACHSHAVAH RA'AH EIN HAKADOSH BARUCH HU METZARFAH LE'MA'ASEH

11)

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(a) The Yerushalmi learns from the Pasuk in ...

1. ... Ovadyah "me'Chamas Achicha Ya'akov Techascha Bushah" - that with regard to Nochrim, 'Hakadosh Baruch Hu Metzaref Machshavah Ra'ah le'Ma'aseh, whereas from the Pasuk in ...

2. ... Daniel " ... ad Ma'ali Shimsha Havah Mishtader Lehatzluseih", it learns - that He does not do so when it comes to a Machshavah Tovah ...

(b) ... seeing as, even though Daryavesh did everything in his power to save Daniel, yet the Pasuk "Lesheizvuseih" (as opposed to 've'Sheizveih') indicates that he tried, but not that he succeeded.

(c) And the proof from the Pasuk in Ovadyah lies in the fact - that, although Eisav tried a number of times to harm Ya'akov, we do not find that he succeeded.

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