KIDUSHIN 51 - Dedicated by a Talmid of Rabbi Kornfeld in Chicago. May Hashem bestow upon him and his wife Berachah in all their endeavors, and Yiddishe Nachas and joy from their dear children.

[51a - 26 lines; 51b - 39 lines]

1)[line 1]המרבה במעשרHA'MARBEH B'MA'ASER- a person who designates more than one tenth of his produce as Ma'aser (MA'ASER - see Background to Kidushin 32:4)

2)[line 1]ומעשרות מקולקליןU'MA'ASROSAV MEKULKALIN- and his Ma'asros are ruined; i.e. they are mixed with Tevel (untithed produce) and may not be eaten

3)[line 4]דאיתיה לחצאיםD'ISEI L'CHATZA'IM- that half of each grain can become Ma'aser

4)[line 4]תתקדש פלגא דחיטתאTISKADESH PALGA D'CHITESA- "Half of each grain shall become Ma'aser."

5)[line 5]מעשר בהמהMA'ASER BEHEMAH

(a)Every year, a person must collect all of the kosher animals that were born during that year into a corral. As they leave the corral through a narrow opening, one by one, the owner counts them and marks every tenth one as Ma'aser Behemah. The Mitzvah of Ma'aser Behemah is stated in Vayikra (27:32), "v'Chol Ma'asar Bakar va'Tzon, Kol Asher Ya'avor Tachas ha'Shavet, ha'Asiri Yiheyeh Kodesh la'Sh-m" - "And all of the herds and flocks shall be tithed as they are counted under the rod, every tenth one being consecrated to HaSh-m."

(b)Ma'aser Behemah is eaten by its owner. If it has no Mum (blemish or defect), it is offered as a Korban on the Mizbe'ach and eaten by its owner in Yerushalayim. If it has a Mum, the owner may slaughter and eat it anywhere.

(c)If one designated the tenth animal as Ma'aser Behemah, no other animal can become Ma'aser Behemah afterwards. However, if two animals exited the corral at the same time and the owner designated both as Ma'aser (the tenth animal), both become Kodesh (one is considered Ma'aser Behemah, and the other must be brought as a Shelamim; see Rashi). In addition, Ma'aser Behemah has the feature that it takes effect even in error. If the tenth animal was not called "tenth" but the animals that were next to the tenth animal were called "tenth," then they, too, become consecrated, according to all opinions. Beis Shamai cite a case where the owner called the ninth animal "tenth," the tenth, "ninth" and the eleventh, "tenth." The ninth animal is put out to pasture and may be eaten after it develops a Mum (blemish). The tenth animal is brought as the Korban Ma'aser Behemah. The eleventh animal is brought as a Korban Shelamim (Mishnah Bechoros 60a).

6)[line 7]עשירי ואחד עשר מעורביםASIRI VE'ACHAD ASAR ME'URAVIN- That is, if the 10th and 11th animals went out together, and he called them both the 10th, there is an indeterminable mixture of the tenth and eleventh animals. As a result, we consider them both to be Kodesh.

7)[line 9]תודהTODAH

(a)The Todah (thanksgiving-offering) was a form of Shelamim (see Background to Nazir 22:2) that was eaten for only one day and one night (Vayikra 7:15).

(b)An animal that was sacrificed as a Todah was brought together with forty loaves of bread, ten each of the following:

1.Chalos Matzos - Matzos mixed with oil;

2.Rekikin - flat Matzos saturated with oil;

3.Soles Murbeches - Matzos made of boiled flour mixed with oil;

4.Loaves of leavened bread (ibid. 7:12-13).

(c)Only half a Log of olive oil was used for all thirty Matzos: a quarter of a Log for the Soles Murbeches, an eighth for the Chalos Matzos and an eighth for the Rekikin (Gemara Menachos 89a, Rambam Hilchos Ma'asei ha'Korbanos 9:20). When the Gemara refers to a Revi'is of oil for the Chalos, it actually means the Revi'is that is used for the Chalos and the Rekikin.

(c)One loaf of each type of bread was given to the Kohen who performed the Zerikas ha'Dam of the Todah (ibid. 7:14). (These four loaves were known as Terumas Lachmei Todah.) The owner eats the rest of the loaves of bread of the Todah along with the meat (see Background to Nazir 22:2c).

8)[line 14]לאחריות קא מיכווןL'ACHRAYUS KA MECHAVEN- he intends to bring the extra 40 loaves as insurance for the first 40 loaves, in case they get lost or become Teme'im

9)[line 15]לקרבן גדול קא מיכווןL'KORBAN GADOL KA MECHAVEN- he intended to bring a large offering of 80 loaves

10)[line 18]קידושין שאין מסורין לביאהKIDUSHIN SHE'EIN MESURIN L'VI'AH - Kidushin (betrothal) to a woman with whom marital relations will be prohibited (see Insights)

(a)The Amora'im argue with regard to the Halachah of Kidushin "she'Ein Mesurin l'Vi'ah," whether the Kidushin are valid or whether we say that any Kidushin that does not lead to a state where marital relations are permitted are not Kidushin at all and there is no need for a Get (a bill of divorce).

(b)For example, Reuven was Mekadesh one of two sisters (or one of a mother/daughter pair or one of a mother/granddaughter pair) without specifying which woman he was Mekadesh. He handed one Perutah of Kidushin to the two of them simultaneously (e.g. they both appointed the same agent to accept Kidushin for them, and Reuven gave a Perutah to him to be Mekadesh one of them), stating that he wants to be Mekadesh "one of them," without specifying which one. According to the opinion that the Kidushin are valid, one of the two women become married to him, and since it is not known which is the married one both women need a Get mi'Safek (because of the doubt involved). According to the other opinion, no Get is required at all, since Reuven is prohibited from having relations with either of them because of the doubt. (One of them is his wife and the other is the sister - or daughter or granddaughter - of his wife; therefore the possibility exists that any one of them is his wife's sister - or daughter or granddaughter - who is prohibited to him mid'Oraisa).

(c)This Halachah only applies to Chayavei Kerisus, where the Isur stems from the Kidushin of the first woman, such as a man who is Mekadesh one of two sisters (as described above). It does not apply to a man who is Mekadesh a woman who is prohibited to him because of a Lo Sa'aseh (Chayavei Lavin). Even though he is prohibited from having marital relations with her, the Kidushin is called Kidushin ha'Mesurin l'Vi'ah, since in this case the prohibition against marital relations does not stem from the Kidushin (TOSFOS DH Kidushin).

11)[line 18]בר אהינא אסברא ליBAR AHINA ASBERAH LI- [the sage named] bar Ahina explained it to me

12)[line 25]נכריותNOCHRIYOS- women who are not related to each other

13)[last line]'קני את וחמור' הוא'KENI AT V'CHAMOR' HU- it is a case of [one who says,] "Acquire [this item] - you and the donkey." In such a case, the Kinyan does not take effect at all, even for the person. (Rashi explains that the "Chamor" refers to an unborn child in the womb of its mother, who, like a donkey, does not have the ability to make a Kinyan. We assume that since the person tried to give the object to something that could not acquire it, he also did not have in mind to really give it to the recipient who could acquire it.)

51b----------------------------------------51b

14a)[line 17]הבוגרותHA'BOGROS (KETANAH / NA'ARAH / BOGERES)

A girl is a Ketanah (minor) until she has two pubic hairs after she enters her twelfth year. During the following six months she is a Na'arah (maidenhood). When six months elapse she becomes a Bogeres (adult).

b)[line 17]קטנותKETANOS

The Torah gives a father the right to marry off his daughter at any age before she is twelve years old. When his daughter reaches the age of Bogeres (see previous entry), he no longer has the right to marry her off.

15a)[line 19]הא בוגרות קתניHA BOGROS KETANI- but the Mishnah writes "Bogros" (adult daughters) in the plural!

b)[line 19]בוגרות דעלמאBOGROS D'ALMA- [it means] Bogros (adult daughters) in general (but in the specific case that the Mishnah is discussing, the man only has one adult daughter)

16)[line 20]דשויתיה שליחD'SHAVISEI SHALI'ACH- that she made him (her father) a Shali'ach [to accept Kidushin for her]

17)[line 22]קידושי לדידךKIDUSHAI L'DIDACH- "my Kidushin [money] will go to you (my father)"

18a)[line 22]לא שביק איניש מצוה דרמיא עליהLO SHAVIK INISH MITZVAH D'RAMYA ALEI- a person does not abandon a Mitzvah that is incumbent upon him

b)[line 22]ועביד מצוה דלא רמיא עליהV'AVID MITZVAH D'LO RAMYA ALEI- and do a Mitzvah that is not incumbent upon him

19)[line 24]שתי כתיבנותS HTEI KITEI VANOS- two groups of daughters (from two wives, to whom he was married at different times)

20)[line 27]כשהוכרו ולבסוף נתערבוKESHE'HUKRU ULEVA'SOF NIS'ARVU- when they were recognized (which daughter the father married off, and which daughters he did not marry off), and then at the end they became mixed (the father forgot which one he married off; he remembers only having said "the older daughter")

21)[line 29]לא מחית איניש נפשיה לספיקאLO MACHIS INISH NAFSHEI LI'SEFEIKA - a person does not place himself (lit. lower himself) into a situation of doubt

(a)There are a number of ways for a person to cause an object to become prohibited through his speech, e.g. by prohibiting a particular food with a Neder, Nezirus, or Shevu'ah, or by performing a Kidushin and prohibiting a woman to others. The Tana'im argue as to whether or not a person intends for such a statement to cause a "Safek Isur" (i.e. a prohibition due to doubt) when his statement leaves room for doubt.

(b)According to the opinion that maintains "Lo Machis Inish Nafshei li'Sefeika," a person does not want his statement to create a Safek Isur. His statement, therefore, will only create clear Isurim. Whenever there is a doubt as to whether a certain object is included in his statement, the object will not be included. According to the opinion which maintains the opposite, "Machis Inish Nafshei li'Sefeika," a person does not mind if his statement creates a Safek Isur. Therefore when there is a doubt as to whether a certain object is included in his statement, the object will be included.

(c)For example, the opinion that maintains "Lo Machis Inish Nafshei li'Sefeika" holds that a person who makes a Neder to prohibit himself from a food until Pnei ha'Pesach must keep the Neder only until the onset of Pesach. Similarly, the person who has two sets of two daughters and states that he married off his older daughter ("ha'Gedolah") only refers to his oldest daughter. The Tana who argues rules that the Neder must be kept until the end of Pesach because of the doubt that all of the days of Pesach might be included in his statement, and that all daughters need Gitin (bills of divorce) because of the doubt (except for the younger of the younger set of daughters).

22)[line 33]חולץCHOLETZ (CHALITZAH)

See Background to Kidushin 45:6.

23)[line 35]דקא פגע באחות זקוקתוD'KA PAGA B'ACHOS ZEKUKASO (ACHOS ZEKUKASO) - that he will transgress with the sister of the woman who is Zekukah to him for Yibum.

(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), as it states in Devarim 25:5-10.

(b)The connection of the live brother or brothers to the dead man's wife or wives, which prevents the wives from marrying without Yibum or Chalitzah, is called Zikah and the wife is called a "Zekukah." Zikah is comparable to the state of Eirusin (betrothal) before a marriage. Another name for the widow who awaits Yibum or Chalitzah is a "Shomeres Yavam." (See Background to Kidushin 17:18.)

(c)There is an Isur d'Rabanan for a man to marry the sister of a woman who is bound to do Yibum (or Chalitzah) with him. His Zekukah is considered, mid'Rabanan, to have the status of his wife, and just like one may not marry the sister of his wife, he may not marry the sister of his Zekukah.

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