KIDUSHIN 5 - Ari Kornfeld has generously sponsored the Dafyomi publications for this Daf for the benefit of Klal Yisrael.

[5a - 42 lines; 5b - 47 lines]

1)[line 3]פודין בו הקדש ומעשר שניPODIN BO HEKDESH U'MA'ASER SHENI

(a)PIDYON KODSHIM (redeeming a consecrated object) - If a person consecrates (is "Makdish") an object to the Beis ha'Mikdash and that object is of no benefit to the Mikdash "as is," the object may be sold by the appointees of Hekdesh (Gizbarim), who determine its selling price based on the estimate of a group of experts. When a person buys the object from Hekdesh, the object loses its Kedushah and its value becomes Kodesh in its stead. This is called "Pidyon Hekdesh," redeeming from Hekdesh.

(b)If the object that is being redeemed from Hekdesh is anything other than land, three experts must be present to determine its value. If the object is land, ten experts, one of the them a Kohen, must be present. The same applies if a person donates his own value to Hekdesh; ten experts, one of them a Kohen, must determine the amount that will pay Hekdesh. (Erchin 19b and Rashi; Rambam Hil. Arachim 8:2)

(c)PIDYON MA'ASER SHENI (redeeming the "Second Tithe" produce) - A second tithe is given every year after Ma'aser Rishon (see Background to Kidushin 3:2) 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.

(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.

(e)Alternatively, Ma'aser Sheni produce may be redeemed, in which case the money used to redeem it is brought to Yerushalayim. If the owner himself redeems the produce, he must add an additional fifth (of the ensuing total, or a quarter of the original value). The food that is bought with this money in Yerushalayim becomes Kodesh like Ma'aser Sheni and must be eaten b'Taharah. Ma'aser Sheni that was redeemed by anyone besides the owner is exempt from the additional fifth.

2)[line 5]"[ויסף חמשית כסף ערכך עליו] וקם לו""(V'NASAN HA'KESEF) [V'YASAF CHAMISHIS KESEF ERKECHA ALAV] V'KAM LO."- "[And if he who sanctified the field will in any way redeem it, then he shall add the fifth part of its endowment value (see Background to Nazir 61:6 and to Gitin 48:4) to it,] and it shall remain his." (Vayikra 27:19) - This verse shows that only Kesef may be used to redeem Hekdesh. Another verse (Devarim 14:25) shows that only Kesef may used to redeem Ma'aser Sheni (Shabbos 128a).

3)[line 6]ויצאה והיתהV'YATZ'AH V'HAYESAH- Geirushin and Kidushin are compared to each other through a Hekesh (here and in Kesuvos 47a) in the verse "v'Yatz'ah [mi'Beiso, v'Halchah] v'Hayesah [l'Ish Acher.]" - "And she will leave [his house (the house of her first husband)] and she will be [a wife to another man.]" (Devarim 24:2) - The word "v'Yatz'ah ("and she will leave") refers to Geirushin, and "v'Hayesah" ("and she will be") refers to Kidushin.

4)[line 9]סניגור יעשה קטיגור?!SANEIGOR YE'ASEH KATEIGOR?!- Shall the defense attorney become the prosecutor?!

5)[line 12]מיליMILEI- the words, text

6)[line 14]טיבעאTIV'A- the actual coins

7)[line 18]ומה ראיתU'MAH RA'ISA?- What did you see [that made you interpret the words "v'Chasav Lah" to limit Geirushin to Kesivah (with a Get, i.e., a Shtar) and preclude Geirushin through Kesef, instead of limiting Kesivah to Geirushin and precluding Kidushin through Kesivah]?

8)[line 35]קנינן מרובהKINYANAN MERUBEH- they (Shtar and Kesef) may be used to buy more [items than Bi'ah, e.g. land and slaves]

9)[line 36]בעל כרחהBE'AL KORCHAH- against one's will

10)[line 38]שאינו מאכיל בתרומהSHE'EINO MA'ACHIL BI'TERUMAH

(a)All of the Kohanim, male or female, are entitled to eat Terumah. However, when a Bas Kohen marries a Yisrael, she loses her right to eat Terumah, and she is considered a Zar (non-Kohen), who is prohibited from eating Terumah (that is, her husband is "Posel" her from eating Terumah). Should her Yisrael husband divorce her or die, she may eat Terumah as before, as long as she has had no children from him (Vayikra 22:12-13, Yevamos 69a).

(b)With regard to a Bas Yisrael, the converse is the Halachah. From birth, she is prohibited from eating Terumah as are all Zaros. If she marries a Kohen she becomes "Kinyan Kaspo" (his "possession") and is permitted to eat Terumah (her husband is "Ma'achil" her). If he divorces her or dies and she has no children from him, the prohibition for her to eat Terumah returns. If she does have a child from him, she continues to eat Terumah in the merit of her late husband, the father of her child (ibid.).

(c)Even the slaves of Kohanim eat Terumah because of their master, since they are his possessions.

11)[line 38]בתרומהTERUMAH

(a)After a crop 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. 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. The Levi, in turn, must separate one tenth of his Ma'aser Rishon as Terumas Ma'aser, to be given to a Kohen, as it states in Bamidbar 18:26. The owner or the Levi does not need to separate the Terumah himself; they may appoint a Shali'ach to separate it.

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

12)[line 41]שמא ימזגו לה כוס בבית אביהSHEMA YIMZEGU LAH CHOS B'VEIS AVIHA

(a)A non-Kohen may not eat Terumah. However, a Kohen's wife who is not herself a Kohenes may eat Terumah, if she is over three years old.

(b)Mid'Oraisa, a Kohen's wife may begin to eat Terumah from the time of her Eirusin, betrothal. However, the Rabanan prohibited her from eating Terumah until twelve months after the betrothal, at which point the husband begins to support her even though she has not yet moved into his house. The Tana'im debated the reason for this prohibition. Some say that it was enacted lest the wife feed her siblings from the Terumah that she is eating (since she is still living together with them in her father's house). Others say that it was enacted because of the possibility that the Kohen will find an unexpected blemish in her, causing him to annul their betrothal retroactively. At a later point the Rabanan prohibited her from eating Terumah even after twelve months have passed until the time of her Nisu'in, when she moves into her husband's house.

(c)The wife of a Kohen may continue to eat Terumah as long as her husband or any of their offspring are alive (Vayikra 22:11, Bamidbar 18:11; Nidah 44a).

13)[last line]כסף שאינו גומרKESEF SHE'EINO GOMER- (lit. Kesef that does not finish) paying money to one's Arusah does not confer upon her the status of a Nesu'ah (see Background to Kidushin 2:1)

5b----------------------------------------5b

14)[line 8]מוציא בבת ישראלMOTZI B'VAS YISRAEL- [Shtar] can effect the divorce of a married Jewess

15)[line 26]לאינתוL'INTU- as a wife

16)[line 35]כדי נסבהKEDI NASVAH- for no apparent reason

17)[line 41]אין כאן בית מיחושEIN KAN BEIS MEICHUSH- in this case there is no room for any doubt

18)[line 44]ידים שאין מוכיחות הוייןידיםY ADAYIM SHE'EIN MOCHICHOS HAVYAN YADAYIM

(a)Any Neder, Shevu'ah, or Nezirus, must be verbalized in order for it to be binding. It is not binding if it has been made in one's mind alone. However, the Torah teaches (see Nedarim 3a) that even if one verbally implies the Neder, Shevu'ah, or Nezirus but does not express it clearly (RASHI here and to Gitin 85b), or if one begins to utter the Neder, etc. (TOSFOS and ROSH to Nedarim 2a), it is still binding. Such a statement is referred to as a "Yad" (literally, a handle) for a Neder, etc., since this incomplete statement allows us to "grasp" the person's intention. For example, if a person says "Ehei" - "I will become" (while a Nazir is passing before him), it is a "Yad" for Nezirus, since we assume that the person meant that he should become a Nazir.

(b)The Yad is binding only if those present would be able to infer the person's true intention based on what he uttered. The Tana'im and Amora'im argue over how clearly the person's intention must be inferred. According to some, the inference must be very clear ("Yad Mochi'ach"), while according to others, even if the inference is not beyond doubt ("Yad she'Eino Mochi'ach"), the Yad is binding.

(c)Similarly, an expression of Kidushin or Geirushin, which is not done in a clear manner, is a Yad for Kidushin or Geirushin. For example, the Gemara here explains that if a man were to say "Harei At Mekudeshes" - "Behold, you are betrothed," without completing his phrase with the word "Li" - "to me," it is not clear from his words whether he intends to make the woman his wife or another person's wife. This is an example of a Yad she'Eino Mochi'ach.

19)[line 45]אהאEHEI- I will be

20)[line 45]נזירNAZIR

(a)If a person makes a vow to become a Nazir without stipulating a time period, his or her Nezirus lasts for a period of thirty days. If the person stipulates a time period, his or her Nezirus lasts for whatever amount of time he stipulated. During this period, the Nazir is not allowed to 1. cut his hair, 2. become Tamei by touching or being in the same room as a corpse, or 3. consume any products of the grapevine. (Bamidbar 6:1-21, SEFER HA'CHINUCH #377)

(b)When a Nazir completes his period of Nezirus, he must offer three sacrifices: a male sheep as an Olah, a female sheep as a Chatas, and a ram as a Shelamim. Together with the Shelamim he brings 6 and 2/3 Esronos of Soles (fine flour), which are made into 20 loaves of Matzah, 10 Chalos (unleavened loaves of Matzah), and 10 Rekikin (flat Matzos). He then shaves off the hair of his head and burns it under the cauldron in which the Zero'a of the Shelamim is cooked (Bamidbar 6:18). (SEFER HA'CHINUCH #377)

21)[last line]דאמר ליD'AMAR LI- the man actually said the word "Li"

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