KIDUSHIN 63 - sponsored by Asher and Etti Schoor of Lawrence, NY. May they be blessed with a year filled with the joy of the Torah and see their children continue to grow in Avodas Hashem.

[63a - 40 lines; 63b - 48 lines]

1)[line 1]"לא תסגיר עבד לאדניו [אשר ינצל אליך מעם אדניו]""LO SASGIR EVED EL ADONAV; [ASHER YINATZEL ELECHA ME'IM ADONAV...]"- "You may not turn over a slave to his master; [who has found refuge with you from his master...]." (Devarim 23:16) - In our Gemara, Rebbi explains that this verse refers to a person who buys a slave in order to free him. There are other explanations in the sources, closer to the simple meaning, as follows: a slave who has escaped to Eretz Yisrael may not be turned over to his master (GEMARA Gitin 45a; RAMBAM Hilchos Avadim 8:10). Some also include a circumcised slave who has escaped from his Nochri master (SIFRI, TARGUM, cf. RABEINU BACHYA). Others include a slave who escapes to the army camp (IBN EZRA, CHIZKUNI, ABARBANEL).

2)[line 13]משום איבהMISHUM EIVAH- because of enmity (on the part of the person upon whose death the man made the Kidushin conditional)

3)[line 15]קונםKONAM (KINUYIM)

(a)A person can create a Neder (a vow) or Shevu'ah (an oath) with a Kinuy, an expression using a corrupted form of a word, such as "Konam" instead of "Korban" or "Shevusa" instead of "Shevuah" (Nedarim 2a).

(b)The Amora'im argue as to whether these expressions are actual words in foreign languages that are loosely based on the Hebrew vocabulary, or whether they are expressions that the Chachamim instituted for the specific purpose of creating Nedarim (Nedarim 10a). In either case, it is preferable to use Kinuyim when making a Neder rather than the proper Hebrew term, so that one should not come to utter the Name of HaSh-m in vain (ibid.); if one uses the proper Hebrew term it is more likely that one will utter the Holy Name along with it by association.

(c)"Konam she'Ani Osah l'Ficha" means "My work should be prohibited to you (lit. to your mouth) like a Korban." A woman is obligated by the terms of her Kesuvah to give her earnings to her husband, and she cannot make a Neder to uproot this obligation.

4)[line 17]שמא תעדיף עליו יתר מן הראוי לוSHEMA TA'ADIF ALAV YESER MIN HA'RA'UY LO- lest she produce for him a larger quantity than she is obligated to give him. A Neder which she makes not to give her earnings to her husband can take effect on any extra earnings that she produces. (The Mishnah in Kesuvos (5:9) states that a woman must produce the weight of five Sela'im of Shesi (spun warp thread, the longitudinal thread of the loom, which is thinner and harder to make than the woof thread, the latitudinal thread) in Yehudah, which is the equivalent of ten Sela'im of Shesi in the Galil, or the weight of ten Sela'im of Erev (woof) in Yehudah, which is the equivalent of twenty Sela'im of Erev in the Galil.)

5)[line 19]יקדשו ידי לעושיהםYIKADSHU YADAI L'OSEIHEM- "my hands shall be consecrated to their Maker, [such that what they produce will be Hekdesh]." [By making a Neder in this fashion, the Neder can take effect on products of her hands that her hands have not yet produced and do not yet exist, since the Neder takes effect on the hands, which do exist already.]

6)[line 21]שאדבר עליך לשלטוןSHE'ADABER ALAYICH LA'SHILTON- "[You are hereby Mekudeshes to me on condition] that I speak on your behalf to the ruler"

7)[line 22]ועשה עמה כפועלV'E'ESEH IMECH K'FO'EL- "... [and on condition that] I work for you like a hired day-laborer [for one day]" (RASHI)

8)[line 25]ובשכר לא?UVI'SECHAR LO?- And [the Kidushin would] not [take effect] with the wage for the services (that he performed for her)?

9a)[line 27]בקרוןKARON- a wagon

b)[line 27]בספינהSEFINAH- a boat

10)[line 30]בצוותאB'TZAVTA- as company, together

11)[line 30]שחוק לפניSECHOK LEFANAI- make jokes in front of me

12)[line 30]עשה כדימוס הזהASEH K'DIMUS HA'ZEH- build something similar to that building

13)[line 31]שמיןSHAMIN- we evaluate [the value]

14)[line 33]אינה לשכירות אלא לבסוף / ישנה לשכירות מתחילה ועד סוףEINAH LI'SECHIRUS ELA LEVA'SOF / YESHNAH LI'SECHIRUS MI'TECHILAH V'AD SOF - (lit. "the compensation for a hired worker is only at the end," and "the compensation for a hired worker is from the beginning until the end)

The Tana'im argue whether an employer of a hired worker becomes obligated to pay the worker for his work only at its completion, or whether he becomes obligated to pay him for his work when the worker completes each Perutah's worth of work.

15)[line 37]אבאABA- the father of the Mekadesh

16)[line 38]מלמדין האב לומר שאינו רוצהMELAMDIN HA'AV LOMAR SHE'EINO ROTZEH- we advise the father of the deceased Mekadesh to say that he does not want [the Kidushin that were made on the condition that he agree, so as to absolve the woman of the need for Yibum or Chalitzah]


17)[line 7]בתרי טעמא ואליבא דחד תנאBI'TREI TA'AMA V'ALIBA D'CHAD TANA- [it is preferable to set up a Mishnah] as discussing two different cases and according to one Tana

18)[line 17]אין אדם חוטא ולא לוEIN ADAM CHOTEI V'LO LO- A person will not transgress an Aveirah unless he derives some benefit from it

19)[line 18]יצרו תוקפוYITZRO TOKFO- his Yetzer ha'Ra took hold of him

20)[line 24]אירתותי מירתתIRTUSEI MIRTAS- he is afraid

21)[line 28]לא כל הימנוLO KOL HEIMENU- (lit. not everything is from him) he does not have the legal power; he is not believed

22)[line 31]מחפהMECHAPAH- cover [for him and support his lie]

23)[line 38]מרפסן איגריMERAPSAN IGREI- they break roofs and attics (RASHI); i.e. these teachings are difficult to comprehend

24)[line 46]לקרבןKORBAN (KORBAN CHATAS)

(a)If a person transgresses a sin b'Shogeg (unintentionally) for which he is liable to Kares b'Mezid (intentionally), he is liable to bring a Korban Chatas. The Korban Chatas is a female goat or sheep.

(b)The father of a child is believed to say that his child is of the age at which he or she is physically mature enough that relations with the child is considered relations, only to the extent that an adult who had prohibited relations (unintentionally) with the child must bring a Korban Chatas, but not with regard to administering a punishment of death or lashes to the adult.