KIDUSHIN 80 - Dedicated by Mordechai and Shifra Gitt (RBS, Israel) in memory of their deceased family members.

[80a - 38 lines; 80b - 45 lines]

1)[line 1]בקדשי הגבולKODSHEI HA'GEVUL- sanctified food that is eaten in all of Eretz Yisrael, e.g. Terumah (see Background to Kidushin 79:12) and Chalah (see Background to Kidushin 46:15)

2a)[line 7]הוחזקה נדה בשכינותיהHUCHZEKAH NIDAH BI'SHECHEINOSEHAH- it was known to her neighbors that she was a Nidah

b)[line 7]נדהNIDAH

By Torah Law, a woman who has her period is a Nidah for seven days. It makes no difference whether she saw blood only one time or for the entire seven days. At the end of seven days, after nightfall, she immerses in a Mikvah to become Tehorah. (The current practice is to consider all women who have a show of blood to be a Zavah, and therefore they must have seven clean days before they go to the Mikvah.)

3)[line 19]ואזדו לטעמייהוV'AZDU L'TA'AMAIHU- and they (Rebbi Yochanan and Rebbi Shimon ben Lakish) each follow their own reasoning elsewhere

4)[line 21]שדרכו של תינוק לטפחSHE'DARKO SHEL TINOK L'TAPE'ACH- children are in the habit of playing (a) with Sheratzim (see below, entry #9) in garbage heaps (RASHI); (b) with dough (TOSFOS)

5)[line 22]והוינן בהV'HAVINAN BAH- and we ask about it

6)[line 22]רוב תינוקות מטפחיןROV TINOKOS METAPCHIN - most children are in the habit of playing [in garbage heaps or with dough] (RUBA D'LEISEI KAMAN)

A Ruba de'Leisa Kaman is a majority that is not present and countable, but rather a predictable consequence of natural events (statistics) - for instance, the majority of animals give birth within a year of their birth.

7)[line 24]וסמוך מיעוטא לחזקה איתרע ליה רובאSEMOCH MI'UTA L'CHAZAKAH, ISRA LEI RUBA- add the minority [of children who do not play in garbage heaps or with dough] to the Chazakah [of Taharah of the dough], to override the Rov

8)[line 26]רובא וחזקה רובא עדיףRUBA V'CHAZAKAH, RUBA ADIF- when the Halachic status of an item depends upon following a Rov (majority, e.g. that most children play in garbage heaps or with dough) or following a Chazakah (the situation as it stood until now, e.g. that the dough was Tahor), we follow the majority

9)[line 31]ושרצים וצפרדעיםU'SHERATZIM U'TZEFARDE'IM - Sheratzim and frogs (TUM'AS SHERETZ)

A Sheretz (a crawling pest - see Background to Shabbos 107:5), even if it is only the size of an Adashah (lentil bean), is an Av ha'Tum'ah. It makes a person or object Tamei through Maga (contact), whether the Sheretz was touched willingly or unwillingly. The person who becomes Tamei by touching a Sheretz may not eat Terumah or Kodshim. However, he can immediately immerse in a Mikvah. After nightfall he becomes Tahor and may eat Terumah or Kodshim.

10)[line 32]רוב שרציםROV SHERATZIM (RUBA D'ISEI KAMAN)

A Ruba d'Isei Kaman is a majority that is present and countable, such as a majority of the judges of a court. The Torah instructs us to follow such a majority, as it states "Acharei Rabim le'Hatos" (Shemos 23:2).

11)[line 34]אין בהם דעת לישאלEIN BAHEM DA'AS LISHA'EL - [a case where there is a person] with no intelligence who cannot be asked [as to the status of a person or object]

(a)When there is a doubt as to whether an object is Tahor or Tamei, if the object is found in a private, concealed place, it is judged to be Tamei (see Background to 79:9).

(b)This Halachah applies only if the thing that transfers the Tum'ah or the object that receives the Tum'ah is a Ben Da'as (i.e. has intelligence). If there is a doubt as to whether an object that was Tamei touched another object that was Tahor and no human was involved, or a child with no intelligence (according to the Halachah) was involved, the object that was Tahor remains so (since this case cannot be compared to the case of the Sotah woman, in which Benei Da'as were involved).

12)[line 35]ועשאום חכמים כמה שיש בהם דעת לישאלVA'ASA'UM CHACHAMIM K'MAH SHE'YESH BAHEM DA'AS LISHA'EL- and Chazal ruled that they should be considered as if they had intelligence to be asked, i.e. when there is a doubt as to the status of an object in Reshus ha'Yachid, it is judged to be Tamei

80b----------------------------------------80b

13)[line 1]נקורים נקוריםNEKURIM NEKURIM- small holes [that are evidence that the chickens pecked at it]

14)[line 5]בריביBERIBI- the great Talmid Chacham (and Gadol ha'Dor, Rebbi Yehoshua ben Levi)

15)[line 7]שבבואהBA'BAVU'AH- with his reflection

16)[line 8]לא יתייחדLO YISYACHED - the prohibition for a female to be in a secluded place with a man who is a stranger to her (YICHUD)

(a)The Torah hints at the prohibition of Yichud in the verse dealing with the Mesis (Devarim 13:7; see below entry 18a-b), as mentioned in our Gemara. The forbidden Arayos relationships (Vayikra 18:6-30; 20:10-21) are included in this Isur. After the incident of Amnon and Tamar (Shmuel II 13:1-21), David ha'Melech extended the Isur to unmarried women. The students of Hillel and Shamai extended the Isur to Nochriyos (Avodah Zarah 36b).

(b)The Isur of Yichud prohibits a man, whether he is married or single, to be alone in a secluded place with a woman who is not his wife. This applies whether she is married or single, whether she is his relative (other than those listed below, (d)) or not, whether she is Jewish or a Nochris, whether she is young or old, whether she is in a state of Nidus (see above, entry #2b) or is ritually pure. The prohibition of Yichud applies to the woman as well with a man who is not her husband, whether she is married or single, etc. Yichud per se is prohibited regardless of whether the man and woman are confident that they will not transgress any sins or not, and whether or not any sins actually did take place.

(c)For a man, the Isur of Yichud starts from the age of 13 with a girl from the age of three. For a woman, the Isur of Yichud starts from the age of 12 with a boy from the age of nine. The time of seclusion must be at least for the time that it takes to roast an egg and swallow it. (According to the most stringent opinion, this takes 35 seconds.)

(d)It is permitted for a father to be in a secluded place with his daughter (or granddaughter, great-granddaughter, etc.) and for a mother to be in a secluded place with her son (or grandson, great-grandson, etc.). In all of these cases, they are even permitted to live together on a continuing basis. A brother and sister may also be in a secluded place together; however, they may not live together on a continuing basis. When Yichud is permitted, it makes no difference if one of the above-mentioned relatives is married.

(e)The various situations that prevent the Isur of Yichud from applying are discussed in our Gemara, in the RAMBAM (Hilchos Isurei Bi'ah 22:1-21) and the SHULCHAN ARUCH (EH 22:1-20).

17)[line 16]דעתן קלות עליהןDA'ATAN KALOS ALEIHEN- they are easily persuaded

18a)[line 18]"כי יסיתך אחיך בן אמך""KI YESISCHA ACHICHA VEN IMECHA..."- "If your brother, the son of your mother, [or your son, or your daughter, or your wife, or your friend, who is as dear to you as your own soul, entices you secretly, saying, 'Let us go and serve other gods,' which you have not known, you, nor your fathers]" (Devarim 13:7).

b)[line 18]כי יסיתךKI YESISCHA (MESIS)

(a)A man or woman who leads a fellow Jew astray by trying to influence him or her to commit idolatry, is put to death by stoning (Devarim 13:7-12). It makes no difference if anyone actually committed idolatry or not.

(b)Certain Halachos of Mesis are more stringent than any other capital offence of the Torah. A Mesis does not need a warning to be found guilty; however, he must perform the Hasasah in front of two witnesses in order to be put to death. Even if the witnesses stood in a concealed place, it is possible for the Mesis to be guilty of Hasasah, whereas in all other capital punishment cases this testimony would be invalid (RAMBAM Hilchos Avodah Zarah 5:1-5).

19)[line 23]ועייץ ליה עצות רעותV'AYITZ LEI ETZOS RA'OS- who [normally] give him bad advice

20)[line 26]כל שלשים יום יוצא בחיקKOL SHELOSHIM YOM YOTZEI B'CHEIK

(a)The Torah (Vayikra 21:1-4) commands all Jews to handle the burial of certain relatives. Those relatives are the person's mother, father, son, daughter, brother, sister from his father (if she is an unmarried virgin), and wife (if the wife is permitted to be married to him).

(b)If a newborn baby dies before it is thirty days old, it is not considered to have been a viable life, and the laws of a normal burial do not apply. It is taken out in one's arms (without a coffin) and buried in the cemetery.

21)[line 30]אנינותANINUS - the Halachic status of a mourner immediately after a close relative's death (ANINUS)

(a)A person is called an Onen mid'Oraisa on the day of death of one of his seven closest relatives for whom he is required to arrange for burial (i.e. father, mother, brother, sister, son, daughter, and wife). Chazal (Zevachim 101a) learn the Halachah of Aninus from the verse, "v'Achalti Chatas ha'Yom, ha'Yitav b'Einei HaSh-m?" (Vayikra 10:19). Among the Halachos that apply to an Onen is that a Kohen Onen is prohibited from doing the Avodah (divine service) in the Beis ha'Mikdash unless he is the Kohen Gadol (Vayikra 10:7, 21:1-4). Moreover, an Onen (even the Kohen Gadol) may not eat Kodshim, Bikurim, or Ma'aser Sheni.

(b)Besides the prohibition against an Onen performing the Avodah, eating Kodshim, etc. mid'Oraisa, the Rabanan extended the prohibitions even after Aninus mid'Oraisa has passed. However, the Tana'im and Rishonim argue as to the nature of this Gezeirah. They also argue as to whether Aninus mid'Oraisa always applies for the entire day or for part of the day in certain cases. With regard to these questions, Aninus may be broken into five time periods, as follows:

1.The day of death, before burial - according to all opinions Aninus mid'Oraisa applies, as above.

2.The day of death, after burial - according to Rashi (Pesachim 90b DH ha'Onen, Zevachim 15b DH Onen) only Aninus mid'Rabanan applies. According to the Ramban (Toras ha'Adam) Aninus mid'Oraisa still applies.

3.The night after the day of death (according to Rashi in #2, before burial; according to Ramban in #2, even after burial) - the Tana'im argue if the Aninus is mid'Oraisa or mid'Rabanan (Zevachim 99b). Most of the Rishonim rule that the Aninus is not mid'Oraisa but rather mid'Rabanan.

4.The days after the day of death, even if the body has not been buried - Aninus only applies mid'Rabanan (Zevachim 100b) until the end of the day of burial. Also on the day of "Likut Atzamos" (when the remains of one of the close relatives are exhumed and re-buried elsewhere), the Rabanan decreed that the person is an Onen for that entire day.

5.The night after the day of burial - the Tana'im (Zevachim 100b) argue whether the person is an Onen mid'Rabanan or not at all, and the Halachah follows the opinion that he is not an Onen at all.

22)[line 31]"מה יתאונן אדם חי גבר על חטאיו?""MAH YIS'ONEN ADAM CHAI; GEVER AL CHATA'AV?"- "Why then does a living man complain, a man, about the punishment of his sins?" (Eichah 3:39) - The word "Yis'onen," "complain," has the same root as the word Aninus. The word "Gever," "a man," has the same root as the word l'Hisgaber, to overcome [one's evil inclination]. Even in the state of Aninus, a person has to be very careful not to let his Yetzer ha'Ra overpower him.

23)[line 34]במתרעם על מדותיוB'MISRA'EM AL MIDOSAV- a person who complains about his lot

24)[line 37]דהוה עובדא ואפיקתיהD'HAVAH UVDA V'AFIKTEI- there was a case where they took him (a live infant, pretending that he was dead) out [as if to bury him, but actually used this as a pretext to sin outside of the town] (RASHI; see TOSFOS DH Ki ha'Hi)

25)[line 42]כשוראKESHURA- a beam [that is so heavy that only ten men are able to lift it]

26)[line 42]לא מכספי מהדדיLO MICHSEFEI ME'HADADEI- they are not embarrassed [to steal the beam] in front of one another

27)[line 43]מוסרין לו שמי תלמידי חכמיםMOSRIN LO SHNEI TALMIDEI CHACHAMIM - we send two Torah scholars along with him (SOTAH)

(a)A Sotah is a woman who is suspected of committing adultery because she was warned by her husband not to seclude herself with a certain man and she violated the warning. The process of warning her in front of witnesses is called Kinuy. The witnesses who see her seclude herself with the suspected adulterer are called Eidei Stirah. The time of seclusion must be at least for the time that it takes to roast an egg and swallow it. The woman is forbidden to her husband and the alleged adulterer until she drinks Mei Sotah (see (d), below).

(b)The husband must bring his wife to the Beis ha'Mikdash to perform the ceremony of the Mei Sotah. On the way there, Beis Din appoints two Torah scholars to accompany them to make sure that they do not engage in marital relations, which are forbidden to them. Moreover, if the couple does have marital relations at this point, the Mei Sotah will not work, since the husband must be "Menukeh me'Avon," clear (lit. cleaned) of sin for the ceremony to work. The Gemara (Sotah 47b) explains that this means that he did not have relations with his wife from the time that she became prohibited to him or with any other woman (ever) who was prohibited to him (RASHI to Sotah ibid.)

(c)The husband brings a sacrifice consisting of 1/10 of an Eifah (approx. 2 quarts) of barley meal as a Minchah offering. In the Azarah of the Beis ha'Mikdash, a Kohen reads Parshas Sotah, the portion of the Torah describing the curses with which a Sotah is cursed, out loud (in any language that the Sotah understands) and makes the Sotah swear that she has been faithful to her husband.

(d)An earthenware jug is then filled with half a Log of water from the Kiyor, and dirt from the floor of the Azarah is placed on top of the water. Parshas Sotah (that contains numerous appearances of HaSh-m's name) is written on parchment and then immersed in the water, which causes the ink to dissolve, erasing the Holy Names. The Sotah afterwards drinks from the water. If she was unfaithful to her husband and allowed herself to become defiled, the water would enter her body and poison her, causing her belly to swell out and her thigh to rupture. If she was faithful to her husband, she remained unharmed and would be blessed that she would become pregnant (Bamidbar 5:11-31). In times when there is no Mei Sotah such as in the present day, she must be divorced and does not receive her Kesuvah.

OTHER D.A.F. RESOURCES
ON THIS DAF