KIDUSHIN 12 (21 Tishrei) - dedicated by Gedalliah Jawitz in honor of the Yahrzeit of Yehuda ben Simcha Volf Jawitz.

[12a - 40 lines; 12b - 39 lines]

1)[line 1]ייעודYI'UD (AMAH HA'IVRIYAH: YI'UD)

(a)A destitute father, under certain circumstances, may sell his daughter into servitude to a Jewish master as long as she is a minor. The sale is for a period of six years or until she becomes a Gedolah (when two pubic hairs grow after she enters her 12th year) or until the Yovel year (the year after seven Shemitah cycles), whichever comes first. During this period she is called an "Amah ha'Ivriyah."

(b)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.

2)[line 11]פרוטה כל דהוPERUTAH KOL DEHU- a Perutah of any value (i.e. the value of the smallest coin at the time the Kidushin is taking place)

3)[line 12]איסר האיטלקיISAR HA'ITALKI- the Roman coin known as an "'As," which is the equivalent of 1/24 of a Dinar (see next entry)

4)[line 24]שש מעה כסף דינרSHESH ME'AH CHESEF, DINAR (CURRENCY OF THE TALMUD)

(a)The relationship between the various coins mentioned in the Talmud is as follows:

1.1 Maneh = 25 Sela'im = 100 Dinerin

2.1 Dinar Zahav (gold Dinar) = 25 Dinerin

3.1 Sela = 2 Shekel

4.1 Shekel = 2 Dinerin

5.1 Dinar = 6 Me'ah

6.1 Rova Shekel (or Sela Medinah) = 3 Me'ah

7.1 Me'ah = 2 Pundeyon

8.1 Pundeyon = 2 Isar

9.1 Isar = 8 Perutah (or sometimes 6 Perutah - see Kidushin 12a)

(b)Another name for a Dinar is a Zuz. All of the coins listed above (including the standard Dinar) are silver, except for the Dinar Zahav, which is gold, and the Perutos, which are copper. (see Insights)

5)[line 24]פונדיוןPUNDEYON- Dupondium, a Roman coin

6)[line 25]מסמסMISMEIS- a popular corruption of semissis, a Roman value, equal to half an 'As' or six ounces

7)[line 25]קונטרנקKUNTERNAK- Kudranteis (sing.), quadrans, a Roman value equal to three Roman ounces (also called teruncius); Kunternak is a corruption arising from the confusion of quadrans and teruncius

8)[line 26]שלשה הדרסין למעהSHELOSHAH HADREISIN L'ME'AH

(a)Equivalents of coins used in this Sugya:

1 Me'ah = 3 Hadreisin

1 Hadreis = 2 Hintzin

1 Hanetz = 2 Shemonin

1 Shamin = 2 Perutos

(b)Therefore,

1 Me'ah = 4 Isar = 24 Perutos

1 Isar = 6 Perutos (see Insights)

9)[line 26]להדריסL'HADREIS- (pl. Hadreisin) Darosa (Wine-Treader), name of a coin = 1 3/4 'As (see legends of the Jewish coins in Conder Handbook to the Bible, 3rd edition, p. 177 sq.)

10)[line 27]להנץHANETZ- (pl. Hintzin) name of a coin

11)[line 27]לשמיןSHAMIN- (pl. Shemonin) a coin, one eighth of an Italian Isar ('As)

12)[line 29]דאיקור איסוריD'AYAKUR ISUREI- when the Isar was high in value

13)[line 30]זול איסוריZOL ISUREI- when the Isar was low in value

14)[line 31]בתמרהB'TEMARAH- with a date

15)[line 31]כורKOR (MEASUEMENTS OF VOLUME)

(a)Equivalents of volumes used in the Gemara:

1 Kor = 2 Lesachin

1 Lesech = 5 Eifos

1 Eifah = 3 Se'in

1 Se'ah = 6 Kabin

1 Kav = 4 Lugin

1 Log = 6 Beitzim

(b)Therefore,

1 Beitzah = approximately 0.05, 0.0576 or .1 liters, depending upon the differing Halachic opinions. Therefore:

1 Se'ah = 7.2, 8.29 or 14.4 liters

1 Kor = 216, 248.7, or 432 liters

16)[line 32]במדיMADAI- Mede (Medes, or Media) was an ancient empire northwest of the Persian Empire (between Persia and Assyria, south of the Caspian Sea). The Persians, an Aryan people, settled in southern Persia, while the Medes, also an Aryan people, settled in northwest Persia on the border with Assyria. As such, the Medes came into conflict with the Assyrians. Assyria was an ancient kingdom, linked culturally with Babylon, in northern Mesopotamia, lying mainly between the Tigris and Euphrates Rivers. Its capital was first at Assur and later at Nineveh. Assyria fell to Medes and Babylonia circa 610 BCE.

17)[line 34]בזוודא דאורדיZAVDA D'URDEI- a bundle of fabric (stuffing material)

18)[line 37]באבנא דכוחלאAVNA D'CHOCHALA- a blue stone; bluish marble (RASHI)

19)[last line]לאו כל כמינך דאסרת לה אבתראLAV KOL KEMINECH D'ASART LAH A'BASRA- you do not have the power to prohibit her (your daughter) to the second husband

12b----------------------------------------12b

20)[line 3]כי זוטרתKI ZUTART- when you were young

21)[line 6]באידיתIDIS- the name of a place

22)[line 8]עידיה בצד אסתן ותיאסר?!EIDEHA B'TZAD ISTAN V'SE'ASER?!- Shall we disqualify her (from marrying a Kohen) merely because there [is a rumor that there] are witnesses in the north [who have not yet arrived to testify]?!

23)[line 10]הקילו בשבויהHEKILU BI'SHEVUYAH- the Rabanan were lenient with regard to accepting the testimony of a woman who returned from captivity and claimed that she was pure

24)[line 10]דמנוולה נפשה גבי שבאיD'MENAVLAH NAFSHAH GABEI SHABA'EI- because she makes herself unattractive to her captives

25)[line 12]ופרשו רבנן מינהPERSHU RABANAN MINAH- the Rabanan separated themselves from them

26)[line 15]בשוטיתא דאסאSHUTISA D'ASA- a myrtle branch

27)[line 15]בשוקאSHUKA- the marketplace, street

28)[line 16]כהאי גוונא מאי?K'HAI GAVNA MAI?- In such a case, what is the ruling?

29)[line 17]נגדיהNAGDEI - give him lashes (MAKAS MARDUS)

Beis Din has the power to inflict lashes upon a person when lashes mid'Oraisa cannot be instituted. These lashes are called Makas Mardus (lit. lashes for rebelliousness) and may be unlimited in number. (See Insights to Chulin 110:1 for a discussion of the various opinions regarding how Makas Mardus is administered.)

30)[line 19]שידוכיSHIDUCHEI- preliminary negotiations before betrothal (see Background to Kidushin 2:1[II]

31)[line 20]דמבטיל גיטאMAVTIL GITA (BITUL HA'GET)

(a)According to the Torah, a man who sends a Get (bill of divorce) to his wife with a messenger can revoke it before it reaches the hands of his wife by declaring in front of a Beis Din (i.e. two or three men - Gitin 32b), "The Get that I have sent is hereby nullified." (MISHNAH Gitin 32a).

(b)The repeal of the Get takes effect even if it is not done in the presence of the woman or the messenger. However, the Chachamim forbade revoking the Get unless it is done in the presence of the messenger or the wife. According to some Amora'im, they feared that if the husband would revoke the Get without the knowledge of the messenger and the wife, his wife may marry another man, relying on the Get, without realizing that the Get was revoked before it was handed to her. In order to prevent this unfortunate situation, the Chachamim decreed that a man may not revoke a Get after sending it to his wife with a messenger unless he (or a second messenger of his) does so in their presence. Other Amora'im maintain that the decree was enacted because men regularly used to cancel Gitin after they dispatched them in order to distress their wives. The Chachamim therefore ruled that the husband (or a second messenger of his) must revoke the Get in the presence of the original messenger or the wife. The husband will not go to such lengths and pursue the original messenger to revoke the Get, just to distress his wife (ibid. 33a and RASHI).

(c)If the husband does revoke the Get while not in the presence of the first messenger or the wife (b'Di'eved), the Tana'im argue as to whether his action has any validity (ibid.). The Halachah follows the opinion that the repeal takes effect. However, since, with the repeal, the husband has transgressed a Rabbinical enactment, he receive Makas Mardus (see Background to Yevamos 52:1) for his action.

32)[line 20]דמסר מודעא אגיטאD'MASAR MODA'A A'GITA

Moda'a is a legal declaration, made in front of witnesses, that a sale or Get that a person is about to enact is going to be made under duress, and should not take legal effect.

33)[line 21]דמצער שלוחא דרבנןD'METZE'AR SHELUCHA D'RABANAN- who causes distress towards an agent of Beis Din (a) by hitting him (RASHI here), or (b) by belittling him (RASHI to Kidushin 70b)

34a)[line 21]ועל דחלה שמתא עילויה תלתין יומיןV'AL D'CHALAH SHAMTA ILAVEI TELASIN YOMIN- and for a person on whom a decree of excommunication has been imposed and in force for thirty days (i.e. he did not repent as a result of the excommunication)

b)[line 22]שמתאSHAMTA (NIDUY - excommunication)

(a)The minimum period of Niduy is thirty days in Eretz Yisrael or seven days in Bavel and elsewhere. If the Menudeh does not repent from his ways he is put into Niduy for a second thirty-day period. If he still does not repent, he is then put into Cherem. The laws of Cherem are much more stringent.

(b)No one may come within four Amos of the Menudeh, except for his wife and family. He is not permitted to eat or drink with other people, nor is he included in a Zimun or any other Mitzvah that requires a quorum of ten men. He may not wash his clothes, shave or take a haircut or wear shoes. Learning and teaching Torah, however, are permitted, as well as engaging in work. The last two are not permitted to a Muchram, who must learn by himself and engage in work to the minimum that will provide him daily sustenance. People may speak with the Menudeh or the Muchram unless Beis Din specifically prohibits it.

(c)Even if the period of Cherem or Niduy has ended, a person remains in Niduy or Cherem until he is permitted by three commoners or by an expert sage (SHULCHAN ARUCH Yoreh De'ah 334:27 and REMA ibid. 334:24)

35)[line 22]חתנא דדייר בי חמוהCHASANA D'DAYEIR BEI CHAMUHA- a son-in-law who lives in his father-in-law's house

36)[line 23]דחליףאבבאD 'CHALIF A'BAVA- who passed by the door [of his father-in-law's house]

37)[line 25]מידם הות דיימא חמתיה מיניהMEIDAM HAVAS DAIMA CHAMASEI MINEI- his mother-in-law was suspected of having an affair with him

38)[line 29]בציפתא דאסאTZIPASA D'ASA- a mat made of myrtle branches

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