KIDUSHIN 52 - Dedicated by Mordechai and Shifra Gitt (RBS, Israel) in memory of their deceased family members.

[52a - 34 lines; 52b - 53 lines]

1)[line 4]דקא פגע ביבמה לשוקD'KA PAGA B'YEVAMAH LA'SHUK (YIBUM: YEVAMAH LA'SHUK)

(a)If a married man dies childless and has brothers who survive him, his widow (or widows) may not remarry until one of the deceased husband's brothers performs Yibum (levirate marriage) or Chalitzah (levirate release) with the widow (or one of the widows) (Devarim 25:5-10). Chazal learn from the verses that if there are a number of brothers, there is a preference for the oldest brother to perform Yibum or Chalitzah (Yevamos 24a).

(b)Yibum is a type of marriage. Unlike ordinary Kidushin, though, it can be accomplished only through Bi'ah and not through Kesef or Shtar (see Background to Kidushin 2:1:II:b). Nevertheless, the Rabanan instituted that one should precede Yibum with an act similar to Kidushei Kesef or Shtar, which is known as Ma'amar (see Background to Kidushin 43:19).

(c)If the live brother does not wish to marry the dead brother's widow, he must perform Chalitzah. To do so, he appears before a Beis Din of three and states, "I do not want to marry her," after which his sister-in-law approaches him before the elders, takes off his right sandal and spits in front of him. She then declares, "This is what shall be done to the man who will not build up a family for his brother." After this process is completed, she is free to marry whomever she wants.

(d)The connection of the live brother or brothers to the dead man's widow or widows, which prevents the widows from marrying without Yibum or Chalitzah, is called "Zikah," and a widow who is thus prevented from remarrying is called a "Zekukah." Another name for a widow who awaits Yibum or Chalitzah is a "Shomeres Yavam." It is forbidden for a woman to have relations with anyone other than the Yavam while she is a Shomeres Yavam. This is known as the prohibition of "Yevamah la'Shuk" - "a Yevamah [who is prohibited] to anyone from outside [her husband's siblings]. If she transgresses this prohibition and has relations with a man other than the Yavam, she has violated a Lo Sa'aseh (Devarim 25:5) and both she and her suitor are punished with Malkos. Some Tana'im and Amora'im maintain that if she accepts Kidushin from someone while she is a Shomeres Yavam, the Kidushin is not legally binding (Yevamos 92b, Sotah 18b).

2)[line 12]ביע''ל קג''םYE'A'L KEGA'M- with a mnemonic device to remember the six cases in which Abaye and Rava argue where the Halachah follows the opinion of Abaye. These cases are:

1.YE'USH SHE'LO MI'DA'AS - The owner of a lost or stolen object does not as yet know that his object is lost or stolen. Had he known, he would have given up hope of ever getting it back, and would have verbally acknowledged that the loss is irretrievable ("Ye'ush"). Abaye rules that Ye'ush she'Lo mi'Da'as is not considered Ye'ush (Bava Metzia 21b)

2.ED ZOMEM LIMAFRE'A HU NIFSAL - Abaye rules that the testimony of a witness who, with regard to a later testimony, is found to be an Ed Zomem (see Background to Kidushin 18:3) is disqualified retroactively (Sanhedrin 27a).

3.LECHI HA'OMED ME'ELAV - Abaye rules that a board which was not put in place for the purpose of being used as a Lechi (to permit carrying objects from a Chatzer to a Mavoy and in the Mavoy itself) is considered a Lechi (Eruvin 15a).

4.KIDUSHIN SHE'EINAM MESURIN L'BI'AH - Abaye rules that Kidushin (betrothal) to a woman with whom marital relations will be prohibited due to a Safek Isur Kares (see Insights to Kidushin 51:1 and Background to Kidushin 51:10) are considered binding to the extent that the woman needs to receive a Get from the Mekadesh and becomes prohibited to his immediate relatives.

5.GILUY DA'AS B'GITA - A husband has sent a Get to his wife with a messenger, and the messenger returns having not been able to deliver the Get. The husband then hints that he is pleased with the fact that he has not as yet divorced his wife, but does not state explicitly that he does not want the messenger to deliver the Get or that he wishes to revoke the Get. Abaye rules that his hints have no bearing on the validity of the Get, and the messenger is still able to deliver the Get (Gitin 34a).

6.MUMAR OCHEL NEVEILOS L'HACH'IS - Abaye rules that a person who eats non-Kosher food (or transgresses any other sin) in order to anger his Creator is disqualified from being a witness, even though he has not demonstrated a willingness to transgress the Torah for monetary benefit (Sanhedrin 27a).

3)[line 14]ונקיט רב בידיה תלתV'NAKIT RAV B'YADEI TELAS- and Rav "held three in his hand," i.e. he stated three of them explicitly

4)[line 19]דשאר שני שבועSHE'AR SHENEI SHAVU'A- the other six years of the seven-year Shemitah cycle, excluding the Shemitah year

5a)[line 20]אשה נעשית שליח לחבירתהISHAH NA'ASEIS SHALI'ACH L'CHAVEIRTAH- a woman can become an agent for another woman

b)[line 20]ואפילו במקום שנעשית לה צרהV'AFILU B'MAKOM SHE'NA'ASIS LAH TZARA- even in a case where she becomes her co-wife (and is normally not believed as a witness about her co-wife)

6a)[line 26]גזל ולא נתייאשו הבעליםGAZAL V'LO NISYA'ASHU HA'BE'ALIM- when one robbed a person and the owner has not as yet given up hope of getting his object back

b)[line 26]ולא נתייאשו הבעליםV'LO NISYA'ASHU HA'BE'ALIM (YE'USH)

(a)Ye'ush means that the owner gives up hope of ever getting back his object from the thief, and verbally acknowledges that the loss is irretrievable ("Vai Li l'Chisaron Kis")

(b)A thief becomes liable for a stolen item (such that if it is destroyed, he must reimburse the owner) when he makes a Ma'aseh Kinyan on the item (a formal Halachically-binding act denoting a change in ownership). Similarly, when he makes a Ma'aseh Kinyan on the item, he acquires it to the extent that if the owner gives up hope ("Ye'ush") of ever getting it back, and the object becomes "changed" (Shinuy; see Background to Sukah 30:4) from its original state, he need not return the object itself, but rather its value.

7a)[line 27]לפי שאינו שלוLEFI SHE'EINO SHELO- since it is not his

b)[line 27]לפי שאינו ברשותוLEFI SHE'EINO BI'RESHUSO- since it is not in his physical possession

8)[line 28]מי אמר רב כוותי?!MI AMAR RAV KEVASI?!- Has Rav actually ruled like me?!

9a)[line 29]בגזלGEZEL- robbery (overt stealing)

b)[line 29]בחמסB 'CHAMAS- through extortion (taking an article and forcing the owner to accept money for it)

c)[line 29]ובגניבהUV'GENEIVAH- and theft (clandestine stealing)

10)[line 30]שחטףSHE'CHATAF- that he snatched

52b----------------------------------------52b

11)[line 2]דשדיךD'SHADICH- where they had entered preliminary negotiations before betrothal (see Background to Kidushin 2:1:II:a)

12)[line 3]איתתאITESA- a woman

13)[line 3]דהוה קא משיא כרעאD'HAVAH KA MASHYA KAR'A- that she was washing her feet

14)[line 4]במשיכלא דמיאB'MASHICHLA D'MAYA- with a large bowl or tub or water

15)[line 5]ושדא להV'SHADA LAH- and he threw to her

16)[line 6]אתא ההוא גברא לקמיה דרבאASA HA'HU GAVRA L'KAMEI D'RAVA- the man (who snatched the money from his friend and gave it to a woman to be Mekadesh her) came before Rava

17)[line 7]סתם גזילה יאוש בעלים הויSETAM GEZEILAH YE'USH D'VA'ALIM HEVEI- in a normal case of robbery, the owner despairs [of ever getting the item back]

18)[line 8]אריסאARISA- a hired field laborer who receives a percentage (1/2, 1/3, or 1/4) of the produce of the field

19)[line 9]במוזא דשמכיB'MOZA D'SHAMCHEI- (a) with a handful of onions (RASHI); (b) a handful of onion tops (the green leaves or stalks that grow out of the bulbs) (ARUCH)

20)[line 10]מאן אחלך?MAN ACHALACH?- Who forgave to you [the share of the onions that belongs to the owner of the field]?

21)[line 11]כישאKISHA- a bunch

22)[line 12]כישא כי כישאKISHA KI KISHA- [when they divide the produce, the owner and the Aris divide] a bunch for a bunch (however, the apportionment is according to the percentages of their agreement)

23)[line 12]סרסיאSARSEYA- a beer-maker (brewer)

24)[line 13]בפרומא דשיכראPERUMA D'SHICHRA- (a) remnants of dates (after the liquid was removed) (RASHI); (b) a small cup of date beer (RIF, citing a Ga'on); (c) barley beer (RASHBAM)

25)[line 14]אמאי לא תיתיב מהאי חריפא?AMAI LO SEISIV ME'HAI CHARIFA?- (a) Why did you not give [date remnants] from these more potent [remnants]? (RASHI); (b) Why did you not give [beer] from this more potent [beer] (RIF, RASHBAM)

26)[line 16]כלך אצל יפותKALECH ETZEL YAFOS- if a person went into his friend's field and separated Terumah without the owner's knowledge, the Terumah is valid under certain circumstances. If, when the owner finds out, he says to the one who separated the Terumah, "Kalech Etzel Yafos" ("You should have taken Terumah from the better fruits"), and there are better fruits in the field, the Terumah is valid. (If there are no better fruits, the Terumah is not valid since the owner suspects him of stealing, and made the remark sarcastically.)

27)[line 17]תורם שלא מדעתTOREM SHE'LO MI'DA'AS- one who separates Terumah from the fruits of someone else's field without the knowledge of the owner

28)[line 19]אם חושש משום גזלIM CHOSHESH MISHUM GEZEL- if the owner considers what the person did (who separated Terumah from the fruits of his field without permission) to be like stealing

29)[line 25]היו הבעלים מלקטים ומוסיפיםHAYU BE'ALIM MELAKTIM U'MOSIFIM- if the owner was then gathering [more fruits from his field and separating Terumah from the additional fruits] and adding [those fruits of Terumah to the fruits that the other person separated as Terumah without the owner's permission]

30)[line 27]משום כיסופאMISHUM KISUFA- because of shame, embarrassment

31)[line 28]המקדש בחלקוHA'MEKADESH B'CHELKO- a Kohen who betroths a woman with his share of the Korbanos of the Beis ha'Mikdash

32)[line 28]קדשי קדשים / קדשים קליםKODSHEI KODASHIM / KODSHIM KALIM

(a)The term Kodshei Kodashim refers to the Korbenos Olah, Chatas, and Asham (and Menachos), which have a greater degree of sanctity. They may only be slaughtered in the northern part of the Azarah and may only be eaten in the Azarah by Kohanim.

(b)The term Kodshim Kalim refers to the Korbenos Shelamim, Todah, Ma'aser Behemah, Pesach, and Bechor, which have a lesser degree of sanctity. They may be slaughtered in the entire Azarah (and not only in its northern part) and may be eaten in the entire city of Yerushalayim by men or women.

33)[line 29]במעשר שניMA'ASER SHENI

(a)After a crop that is grown in Eretz Yisrael is harvested and brought to the owner's house or yard, he must separate Terumah Gedolah from the crop and give it to a Kohen (Bamidbar 18:12). Although the Torah does not specify the amount to be given, the Rabanan set the requirement at one fiftieth of the total crop. After Terumah is removed from the produce, one tenth of the produce that remains must be designated "Ma'aser Rishon," and given to a Levi (Bamidbar 18:21). The Levi, in turn, must separate one tenth of his Ma'aser Rishon as Terumas Ma'aser, to be given to a Kohen (Bamidbar 18:26).

(b)The produce may not be eaten until both Terumos have been removed, and it is known as Tevel. The punishment for eating Tevel is Misah b'Yedei Shamayim.

(c)A second tithe is given every year after Ma'aser Rishon has been separated. The tithe that is separated in the third and sixth years of the 7-year Shemitah cycle is called Ma'aser Ani and is given to the poor (Devarim 14: 28-29).

(d)The tithe that is separated during the first, second, fourth and fifth years is called Ma'aser Sheni. The Torah requires that Ma'aser Sheni be brought and eaten by its owner in Yerushalayim (Devarim 14: 22-27).

34)[line 30]בין שוגג בין מזיד לא קידשBEIN B'SHOGEG BEIN B'MEZID, LO KIDESH (MA'ASER SHENI, MAMON GAVO'AH HU / MAMON HEDYOT HU)

(a)The Tana'im argue as to whether Ma'aser Sheni (see previous entry) produce is Mamon Gavo'ah (the property of HaSh-m's estate) or Mamon Hedyot (the property of its [mortal] owner (Kidushin 54b).

(b)According to Rebbi Meir, who rules that it is Mamon Gavo'ah, Ma'aser Sheni is not personal property. The owner is only given custodianship of the produce, along with the right to eat it, drink it or (in the case of oil) rub with it (Rashi to Kidushin 24a and to Yevamos 73a). According to Rebbi Yehudah who rules Mamon Hedyot Hu, Ma'aser Sheni is like any other personal property, except that the Halachah requires that it be eaten in a specific manner and place (see Background to Sukah 34:15).

35)[line 32]ובהקדשUV'HEKDESH - and that which is dedicated for a sacred purpose, especially property of the Beis ha'Mikdash

(a)KEDUSHAS HA'GUF - an object with intrinsic Kedushah, such as the utensils used in the Beis ha'Mikdash (RAMBAM Hilchos Me'ilah 6:5) or a live Korban that is used in the Beis ha'Mikdash "as is."

(b)KEDUSHAS DAMIM - an object the value of which is consecrated to Hekdesh; e.g. an animal that a person consecrated to be sold in order to buy another animal as a Korban with its value.

(c)KEDUSHAS BEDEK HA'BAYIS - an object the value of which is consecrated to Hekdesh so that it should be used for filling the day to day needs of the Beis ha'Mikdash and not for Korbanos.

36a)[line 36]"ומעלה מעל בה' ""U'MA'ALAH MA'AL BA'SH-M"- "[If a person sins,] and commits treachery against HaSh-m, [and lies to his neighbor about an object that was delivered to him to guard, or about [money given to him as] a fellowship, or about an object taken away by force, or he has defrauded his neighbor]" (Vayikra 5:21).

b)[line 36]לרבות קדשים קליםL'RABOS KODSHIM KALIM (ASHAM GEZEILOS)

(a)When a person steals money from a fellow Jew (see previous entry), swears in Beis Din that he holds no such money and later admits his sin, he must return what he stole, pay a fine of Chomesh, and bring a Korban Asham Vadai to receive atonement (Vayikra 5:20-26). The Korban Asham Gezeilos is a ram that costs at least two Sela'im.

(b)Since the verse states, "v'Kichesh ba'Amiso" - "and [he] lies to his neighbor" (ibid. 5:21), objects of Hekdesh are excluded from this Korban. Rebbi Yosi ha'Gelili, however, learns from the words "u'Ma'alah Ma'al ba'Sh-m" (ibid.) that Kodshim Kalim are considered the personal property of their owner. As such, a person could betroth a woman with them, and stealing Kodshim Kalim could lead to a Korban Asham Gezeilos.

37)[line 39]משלחן גבוה קא זכוMI'SHULCHAN GAVO'AH KA ZACHU- the Kohanim receive the portion of the Korbanos from "HaSh-m's table"

38)[line 42]שקנתרניםKANTERANIN- quarrelsome people

39)[line 43]לקפחני בהלכותL'KAPCHENI B'HALACHOS- they come to overwhelm me with citations of traditions (of which they will prove me to be ignorant) (RASHI)

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