BACKGROUND TO THE DAILY DAF
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KIDUSHIN 37 - Dedicated by friends of Rabbi Mordecai Kornfeld in honor of the birth of his daughter Shirah, and on the occasion of the marriage of his daughter Malkie to Shmuel Moshe Peters on the evening of 16 Cheshvan.
[37a - 44 lines; 37b - 44 lines]
1) [line 1] ORLAH
(a) In the first three years after a fruit tree is planted, its fruits are called Orlah and are Asurim b'Hana'ah, as it states in Vayikra 19:23.
(b) If a person eats a k'Zayis of Orlah fruit, he receives Malkos. If he derives benefit from Orlah (or any other food that is Asur b'Hana'ah), according to most Rishonim he is punished with Malkos (TOSFOS Chulin 120a DH Ela), while according to others, he is only punished with Makas Mardus, a Rabbinic institution of Malkos. (RAMBAM Hilchos Ma'achalos Asuros 8:16 -- see also Mishneh l'Melech to Hilchos Yesodei ha'Torah 5:8)
2) [line 1] KIL'AYIM
(a) It is forbidden to plant different types of crops together (Kil'ei Zera'im) as it states in the Torah, "Sadecha Lo Sizra Kil'ayim," - "Do not plant different species (together) in your field." (Vayikra 19:19). The resulting produce is not Asur b'Hana'ah.
(b) With regard to sowing different types of crops in a vineyard, the verse states "Lo Sizra Karmecha Kil'ayim, Pen Tikdash ha'Melei'ah ha'Zera Asher Tizra u'Sevu'as ha'Karem." - "You shall not sow your vineyard with other species, lest the fruit of the seed which you have sown, and the fruit of the vineyard, be forfeited." (Devarim 22:9). If one sows Kil'ayim in a vineyard, the produce becomes prohibited ('Kidesh,' from the word in the verse, 'Tikdash').
(c) The Mishnayos in Maseches Kil'ayim specify the distance that one must leave in between different crops.
3) [line 2] CHADASH
(a) Chadash is any grain that has not begun to take root until after the Korban ha'Omer is brought on the second day of Pesach. This grain may not be eaten until next year's Korban ha'Omer is brought (or when there is no Beis ha'Mikdash, until the day that it would have been brought), as it states in Vayikra 23:14 ("v'Lechem v'Kali v'Charmel Lo Sochlu ...").
(b) Many Rishonim rule that the prohibition of Chadash applies mid'Oraisa even in Chutz la'Aretz.
4) [line 3] DICHSIV BAH "BI'AH" - in which there is a form of the word Bi'ah, e.g. "Ki Savo'u," "v'ayah Ki Yevi'acha," "b'Vo'achem," etc.
5) [line 4] PETER CHAMOR
There is a Mitzvah to redeem each firstborn male donkey, as the verse states, "v'Hayah Ki Yevi'acha HaSh-m El Eretz ha'Kena'ani...v'Chol Peter Chamor Tifdeh v'Seh, v'Im Lo Sifdeh va'Arafto." - "And it shall come to pass that when HaSh-m brings you to the land of the Kena'ani...And every firstborn donkey must be redeemed with a sheep [that is given to a Kohen]. If it is not redeemed, you must decapitate it." (Shemos 13:11-13)
6a) [line 7] CHOVAS HA'GUF - a Mitzvah that is incumbent upon the person to perform
b) [line 7] CHOVAS KARKA - a Mitzvah that applies to the land or its produce
7) [line 9] "ELEH HA'CHUKIM VEHA'MISHPATIM ASHER TISHMERUN LA'ASOS BA'ARETZ...KOL HA'YAMIM ASHER ATEM CHAYIM AL HA'ADAMAH." - "These are the statutes and the judgments, which you shall take care to do, in the land, [which HaSh-m the G-d of your fathers gives you to possess] all the days that you live upon the earth." (Devarim 12:1)
8) [line 16] "ABED TE'ABDUN ES KOL HA'MEKOMOS ASHER AVDU SHAM..." - "You shall completely destroy all the places, where [the nations which you shall possess] served [their gods, upon the high mountains, and upon the hills, and under every green tree.]" (Devarim 12:2)
9) [line 23] HILCHESA GEMIRI LAH - we know it from the tradition that Moshe received on Mount Sinai, i.e. it is a Halachah l'Moshe mi'Sinai. (This only refers to Orlah according to Rebbi Yochanan (below, Daf 38b). Kil'ayim is either mid'Oraisa, as in grafting, or mi'Divrei Sofrim, as in Kil'ei ha'Kerem -- RASHASH.)
10a) [line 25] "MOSHAV," L'ACHAR YERUSHAH V'YESHIVAH MASHMA - the word "Moshevoseichem," ["your settlements" (Vayikra 23:14), in the verse dealing with the Mitzvah of Chadash,] implies [that this Mitzvah only applies] after the inheritance and apportionment [of Eretz Yisrael] (i.e. after the seven years during which they conquered Eretz Yisrael and the seven years during which they divided the land, in the time of Yehoshua)
b) [line 27] "MOSHAV" B'CHOL MAKOM SHE'ATEM YOSHVIM - the word "Moshevoseichem," ["your settlements" (Vayikra 23:14), in the verse dealing with the Mitzvah of Chadash,] implies [that this Mitzvah applies] to any place that you settle (including Chutz la'Aretz)
11) [line 37] HAREI SHABBOS SHE'NE'EMAR BO MOSHAVOS - but [one of the verses that mentions] Shabbos also contains that word "Moshevoseichem" - "your settlements" (Shemos 35:3)
12) [last line] NESACHIM
(a) The Nesachim are wine libations that are brought together with a Korban Shelamim or Olah, whether the Korban is offered by the Tzibur (Bamidbar 28:11-15, 20-21) or by an individual (Bamidbar 15:3-16). They are brought along with the Minchas Nesachim, a meal offering that is offered with these Korbanos.
(b) The amounts of wine, flour and oil vary based upon which animal is being offered:
1. For a lamb or goat (within its first year): 1/4 Hin of wine; 1 Isaron of Soles (fine flour) mixed with 1/4 Hin of oil.
2. For a ram (from thirteen months and one day): 1/3 Hin of wine; 2 Esronim of Soles mixed with 1/3 Hin of oil.
3. For a bull: 1/2 Hin of wine; 3 Esronim of Soles mixed with 1/2 Hin of oil.
(c) 1 Isaron is approximately 2.16, 2.49 or 4.32 liters, depending upon the differing Halachic opinions. 1 Hin is approximately 3.6, 4.14 or 7.2 liters, depending upon the differing Halachic opinions.
13) [line 9] B'KIRVU NESACHIM BAMIDBAR KA MIFLEGEI - they argue as to whether individuals brought Nesachim with their (generally) voluntary sacrifices while they were in the desert
14a) [line 12] HAI TANA D'VEI REBBI YISHMAEL - this [teaching of a] Tana from the Beis Midrash of Rebbi Yishmael
b) [line 12] MAPIK ME'IDACH TANA D'VEI REBBI YISHMAEL - contradicts [the teaching of] another Tana from the Beis Midrash of Rebbi Yishmael
15) [line 17] MELECH (MINUY MELECH)
With regard to the appointment of a Jewish king, the verse states, "Ki Savo El ha'Aretz Asher HaSh-m Elokecha Nosen Lach, vi'Rishtah v'Yashavtah Bah; v'Amarta Asimah Alai Melech...Som Tasim Alecha Melech..." - "When you come to the land that HaSh-m, your G-d gives you, and you inherit it and you settle in it, and you say 'I will appoint over me a king...'You shall surely set over yourself a king..." (Devarim 17:14-15). It is one of the three Mitzvos that Benei Yisrael were commanded to perform upon entering Eretz Yisrael (Sanhedrin 20b).
16) [line 17] BIKURIM
(a) The Mitzvah of Bikurim consists of bringing the first fruits to emerge in one's field every year to the Beis ha'Mikdash. The verse states, "v'Hayah Ki Savo El ha'Aretz...vi'Rishtah v'Yashavta Bah...v'Lakachta me'Reishis Kol Pri ha'Adamah..." - "And it shall be that when you come to the land...and you inherit it and you settle in it. You shall take of the first fruits of the land..." (Devarim 26:1-2). Each farmer enters the Azarah (courtyard) of the Beis ha'Mikdash with his Bikurim fruit in a decorative basket. While the basket is on his shoulder, he recites the Mikra Bikurim, specific verses from Devarim (26:3, 5-10) thanking HaSh-m for taking us out of Egypt and giving us the land of Yisrael. He then places the basket of fruit at the base of the southwestern corner of the Mizbe'ach (RAMBAM Hilchos Bikurim 3:12) and bows down before HaSh-m. Afterwards, he gives the Bikurim to a Kohen (Mishnah Bikurim 3:8, RAMBAM ibid. 3:1).
(b) The Mitzvah of Bikurim applies only to the seven species with which the land of Eretz Yisrael was blessed (Devarim 8:8) -- wheat, barley, grapes, figs, pomegranates, olives and dates (Bikurim 1:3, RAMBAM ibid. 2:2). (Although many other types of produce now grow in Eretz Yisrael, these are the only species of produce truly indigenous to Yisrael. Other, "immigrant," species can be destroyed by drought or harsh weather, but these 7 species will always be part of the land -- heard once from a leading botanist -MK.)
(c) In certain instances, the owner only brings the fruit, without reciting the declaration (Mevi v'Eino Korei). For example, if he brings them between Sukos and Chanukah, he does not recite the verses (see Gemara Pesachim 36b and Rashi there).
(d) Kohanim eat the Bikurim within the walls of Yerushalayim. If a person eats them outside of Yerushalayim after the Bikurim have entered Yerushalayim (according to the Rambam, or after the Bikurim have entered the Azarah according to Rashi in Makos 18b), he receives Malkos. They must be brought back into Yerushalayim and eaten there.
17) [line 20] HAVAH AMINA, BIKURIM D'KA MIS'HANI, L'ALTAR - I might have said (reasoned) that [the Mitzvos involving the] Bikurim [fruit], from which one receives benefit, [should apply] immediately
18) [line 26] CHALAH
(a) With regard to the Mitzvah of Chalah, the verses state, "...b'Voachem El ha'Aretz...Reishis Arisoseichem Chalah Tarimu Serumah..." - "[Speak to the people of Yisrael, and say to them,] 'When you come into the land [where I bring you, when you eat of the bread of the land, you shall separate a Terumah (tribute) to HaSh-m.] You shall separate the first of your dough for a Terumah; [as you do with the Terumah separated from the grain of the threshing floor, so, too, shall you present this [to the Kohanim.]" (Bamidbar 15:18-20).
(b) Whenever a person kneads a large dough made from one of the five species of grain (wheat, barley, oats, rye or spelt), he must separate a small portion to be given to the Kohen before eating from the dough. This portion is called Chalah. (The requirement to separate Chalah with a Berachah only applies to a dough made from the volume of 43.2 Beitzim of flour (about 10 1/2 cups or 2.48 liters). Approximately half of that amount requires Chalah to be separated without a Berachah.) A baker must separate 1/48 of his dough as Chalah, while a normal homeowner must separate 1/24. If a person did not separate Chalah from the dough before it was baked, it must be separated after it is baked before the baked product can be eaten. Before Chalah is separated, the dough is called "Tavul l'Chalah," and anyone who eats it b'Mezid (intentionally) is liable to the punishments of Malkos and Misah b'Ydei Shamayim (Makos 13a).
(c) Chalah has the Halachos of Terumah, and it must be eaten by Kohanim, their wives and children, while they are Tehorim. A non-Kohen who eats Chalah b'Mezid is liable to Malkos and Misah b'Ydei Shamayim (RAMBAM Hilchos Bikurim 5:14 and Hilchos Terumah 6:6).
(d) Since regarding Chalah the Torah uses the word "b'Vo'achem" (when you come) and not the usual "Ki Savo'u" when it describes entering the land of Yisrael, Chalah differs from other Mitzvos that apply to the land. Most of those Mitzvos took effect only after the seven years of conquest and the seven years of apportionment. Chalah, however, was separated as soon as they entered the Land.
19) [line 30] TIBA'I KIDUSH (KIDUSH BEIS DIN / KIDUSH HA'CHODESH - the declaration that Beis Din makes to proclaim the new month)
(a) The Hebrew calendar month, which determines the Jewish holidays, begins with each new revolution of the moon, at the point after it wanes completely and begins to wax anew.
(b) When the Sanhedrin of the Lishkas ha'Gazis (the Jewish "Supreme Court") convened in Eretz Yisrael, the new month was fixed and sanctified according to the testimony of witnesses. A person who sees the moon (as it begins to grow and is just visible) traveled to the Sanhedrin, or to a Beis Din appointed by the Sanhedrin, to testify. The place where the Beis Din convened to accept testimony was known as the Beis ha'Va'ad. Beis Din cross-examined the witnesses there, and when they were convinced of the accuracy of the testimonies, they announced the beginning of the new month.
(c) Today, mathematical calculations are used to determine the beginning of the new month. According to RAMBAM (Hilchos Kidush ha'Chodesh 5:2) it is a Halachah l'Moshe mi'Sinai to determine the beginning of the month mathematically when there is no Sanhedrin, and through testimony when there is one.
(d) Our Gemara rejects the possibility that Shabbos, also, should be subject to a similar proclamation of Beis Din.
20) [line 31] CHELEV
(a) Chelev refers to the fat of an animal that is offered on the Mizbe'ach. It consists of the layer of fat covering the stomachs, all the other fat attached to the stomachs, and the fat on the kidneys along the flanks (Vayikra 3:4). The verse states, "Chukas Olam l'Doroseichem b'Chol Moshevoseichem, Kol Chelev v'Chol Dam Lo Socheilu." - "It shall be an everlasting statute for your generations throughout all your settlements, that you eat neither [forbidden] fat nor blood." (Vayikra 3:17).
(b) It is forbidden to eat the Chelev of a Kosher Behemah (domesticated animal), but it may be used for any other purpose. The Chelev of a Chayah (a Kosher wild animal), however, may even be eaten. "Shuman" refers to all the other fat of an animal that is permitted.
(c) If a person eats a k'Zayis of Chelev b'Mezid (intentionally) after Hasra'ah (being forewarned), he is punished with Malkos. If he was not given Hasra'ah, he is Chayav Kares. If he sinned b'Shogeg (unintentionally) he must bring a Korban Chatas (as with all sins for which one is liable to Kares b'Mezid). If a person is in doubt whether the fat he ate was Chelev or Shuman, he must bring a Korban Asham Taluy (see Background to Nazir 23:2b).
21) [line 31] DAM (ISUR ACHILAS DAM)
(a) It is forbidden to ingest the blood of animals and birds, whether they are Kosher or non-Kosher. The verse states, "v'Chol Dam Lo Sochelu b'Chol Moshevoseichem, la'Of vela'Behemah." - "You shall eat no kind of blood, whether it is of bird or of beast, in any of your settlements." (Vayikra 7:26). Because of this prohibition, slaughtered animals must be salted or roasted over a fire to remove their blood before they can be cooked and eaten.
(b) The blood of fish, locusts, Sheratzim (rodents or lizards), insects or small crawling creatures, and humans is not included in the prohibition of Dam. However, the blood of non-Kosher fish and locusts is prohibited because it is a secretion of a non-Kosher creature. The blood of Sheratzim is also prohibited because it is considered like their flesh. Human blood that has become separated from the body is prohibited mid'Rabanan (Kerisus 22a).
(c) Blood of an animal may be eaten if it is still inside the raw flesh of the animal as it was when the animal died or was slaughtered. Only when the blood has been removed from its original location after the animal's death, for example, by being cooked or boiled, does the blood become prohibited (TOSFOS to Chulin 14a DH v'Nasvin).
(d) If a person ingests a k'Zayis of blood b'Mezid (intentionally) after Hasra'ah (being forewarned), he is punished with Malkos. If he was not given Hasra'ah, he is Chayav Kares. If he sinned b'Shogeg (unintentionally) he must bring a Korban Chatas (as with all sins for which one is liable to Kares b'Mezid). If the blood did not pour from the animal's major arteries but rather was inside the animal's limbs when it died (Dam Evarim), the punishment of Kares does not apply. If it dripped from a major artery after the main flow subsided (Dam ha'Tamtzis), the Tana'im argue whether the punishment of Kares applies (Kerisus 20b).
22a) [line 35, 37] MATZAH U'MAROR (PESACH)
(a) It is a Mitzvah for all Jews to offer a Korban Pesach on the fourteenth of Nisan in the afternoon, as it states in the Torah, "and the whole assembly of the congregation of Yisrael shall slaughter it towards evening." (Shemos 12:6). The Pesach is an unblemished male lamb or goat within its first year that is roasted in its entirety. It is eaten with Matzah (unleavened bread) and Maror (bitter herbs), as the verse states, "And they shall eat the meat in that night, roasted with fire, and Matzos; and with Merorim they shall eat it." (ibid. 12:8).
(b) An adult (who was Tahor and was not far from the Beis ha'Mikdash on the fourteenth of Nisan) who willfully did not offer the Korban Pesach is liable to the Kares punishment.
(c) In order to eat from the Korban Pesach, a person must be "appointed" to the Korban before it is slaughtered. This appointment is called "Minuy." Each Pesach must have appointed to it people who are able to eat at least a k'Zayis of the meat on the night of the fifteenth of Nisan. The Korban is sacrificed in the name of all the people who were appointed for that specific Pesach animal. The people appointed to the Pesach then eat at least a k'Zayis of the Pesach together in a "Chaburah." (Some Tana'im maintain that a single Pesach may be split into many Chaburos eating in different places -- Pesachim 86a.) No bones of the Pesach are allowed to be broken (Shemos 12:46).
(d) The verses limit the people who are permitted to eat the Korban Pesach. Nochrim, people who are Tamei and men who are uncircumcised are prohibited from eating the Korban Pesach (Shemos 12:43-44).
(e) The word "Moshevoseichem" appears in a verse regarding Matzah, "Kol Machmetzes Lo Socheilu, b'Chol Moshevoseichem Tochelu Matzos." - "You shall eat nothing leavened; in all your settlements you shall eat Matzos." (ibid. 12:20). (It is not written with regard to Maror; Maror is only mentioned in our Gemara by force of habit, since Matzah and Maror appear together often. Actually, Maror is mid'Rabanan nowadays -- RASHASH)
b) [line 35] MAROR - (O.F. amerfoil) burdock; alternatively, (O.F. forferez) a plant with a bitter fluid
23) [line 36] "...AL MATZOS U'MERORIM YOCHELUHU" - "[In the second month (Iyar), on the fourteenth day in the afternoon they shall do it;] with Matzos and bitter herbs they shall eat it." (Bamidbar 9:10-11) - (See RASHASH to Pesachim 115a DH Amru Alav Al Hilel as to why the verse for Pesach Sheni is brought and not the similar verse regarding Pesach Rishon, Shemos 12:8).
24) [line 40] ASEH MITZVAH ZU, SHE'BISHVILAH TIKANES LA'ARETZ - do this Mitzvah so that [in its merit] you shall enter the Land
25) [line 43] "VA'YOCHLU ME'AVUR HA'ARETZ MI'MACHARAS HA'PESACH [MATZOS V'KALUY; B'ETZEM HA'YOM HA'ZEH]." - "They ate from the grain of the land on the day after the [offering of the Korban] Pesach, [Matzos and roasted grain; on this very day]." (Yehoshua 5:11)
26) [last line] MI'MACHARAS HA'PESACH ACHUL, ME'IKARA LO ACHUL - they ate of the new grain only after the 16th of Nisan, and not before (a proof that the Mitzvah of Chadash applied as soon as they entered the land)
Index to Background for Maseches Kidushin