KIDUSHIN 6-7 - 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.

[6a - 51 lines; 6b - 39 lines]

1)[line 1]ולא שיקח את עצמוV'LO SHE'YAKI'ACH ES ATZMO- and not that he should make himself available to be acquired by his wife

2)[line 7]מיוחדת ליMEYUCHEDES LI- singled out for me, based upon the verse "v'Hayu l'Vasar Echad" (Bereishis 2:24)

3)[line 8]מיועדת ליMEYU'EDES LI- designated for me, based upon the verse "Asher Lo Ye'adah" (Shemos 21:8)

4)[line 8]עזרתיEZRASI- my helpmate, based upon the verse "E'eseh Lo Ezer k'Negdo" (Bereishis 2:18)

5)[line 8]נגדתיNEGDASI- my counterpart, based upon the verse "E'eseh Lo Ezer k'Negdo" (ibid.)

6)[line 9]עצורתיATZURASI- (a) the one whom I will gather into my house, based upon the word "Atzeres" - gathering (RASHI); (b) the one who is enclosed with me in my house, based upon the verse "Ki Ishah Atzurah Lanu" (Shmuel I 21:6) (TOSFOS, citing the RI, who explains this phrase as, "women with whom we have been enclosed in our houses [previously have been kept from us,]" rather than simply "women have been kept from us," as RASHI explains, leading to his rejection of this verse as the source of this term)

7)[line 9]צלעתיTZAL'ASI- my side, based upon the verse "va'Yikach Achas mi'Tzal'osav" (Bereishis 2:21)

8)[line 9]סגורתיSEGURASI- my closure, finalization, based upon the verse "va'Yisgor Basar Tachtena" (ibid.)

9)[line 10]תחתיTACHTAI- my assistant, based upon the verse "va'Yisgor Basar Tachtena" (ibid.)

10)[line 10]תפושתיTEFUSASI- (a) my reserved one, based upon the verse, "v'Hi Lo Nispasa (TOSFOS RI HA'ZAKEN, 1st explanation; see NACHALAS MOSHE, who finds this explanation difficult); (b) the one who is kept with me in my house, based upon the word "Nispeses" - retained (TOSFOS RI HA'ZAKEN, 2nd explanation)

11)[line 10]לקוחתיLEKUCHASI- the one whom I "took," based upon the verse "Ki Yikach Ish Ishah" (Devarim 24:1)

12)[line 10]פשוט מיהא חדאPESHOT MIHA CHADA- answer at least one [of the questions]

13)[line 13]חרופתיCHARUFASI- my designated one, based upon the verse "v'Hi Shifchah Necherefes l'Ish" (Vayikra 19:20)

14)[line 36]והוא שעסוקין באותו עניןV'HU SHE'ASUKIN B'OSO INYAN- and we are dealing with a case where they had been previously speaking of the topic (the prospect of marriage)

15)[line 45]בטיבB'TIV- with the [legal] form [of Gitin and Kidushin]

6b----------------------------------------6b

16)[line 1]לשפחתוSHIFCHASO (SHIFCHAH KENA'ANIS)

(a)A Jew who owns a Nochri slave or maidservant (an Eved Kena'ani or a Shifchah Kena'anis) may release him or her from bondage in one of two ways: by accepting payment for his release, or by giving him a "Get Shichrur," or bill of release (Kidushin 22b). If he is not released in one of these two ways, he is still considered to be a slave for all Halachic matters (such as with regard to whom he is allowed to marry and what Mitzvos he is obligated to keep).

(b)When the master releases his slave or maidservant, he must say words such as "Harei At l'Atzmeich" - "Behold you are [free] to [be the master over] yourself," or the like, indicating that the slave is free of bondage.

(c)The Mishnah (ibid.) states that the two methods of release are different. The Tana'im argue as to how they differ. According to Rebbi Meir, the payment must be made by others directly to the master and not to the slave ("b'Chesef Al Yedei Acherim"), while the Get Shichrur must be given to the slave himself ("b'Shtar Al Yedei Atzmo"). The Chachamim rule that the payment must be made by the slave himself with money that others have given him, on the condition that his master not gain any monetary possession in them ("b'Chesef Al Yedei Atzmo"). The Get Shichrur must be given to others on behalf of the slave ("b'Shtar Al Yedei Acherim").

17)[line 4]למלאכה קאמר להLI'MELACHAH KA'AMAR LAH (MA'ASEH YADEHA)

(a)As long as they are married, a husband must provide his wife with Mezonos (sustenance). According to some Tana'im, this obligation is mid'Oraisa and is learned from the verse "She'erah... Lo Yigra" (Shemos 21:10). Other Tana'im maintain that the obligation to provide one's wife with Mezonos is only mid'Rabanan. It is one of the Tena'ei Kesuvah (stipulations of the Jewish marriage contract) which are imposed by Beis Din upon every Jewish man and wife (Kesuvos 47b).

(b)According to those who maintain that Mezonos is a Rabbinic institution, the Rabanan established a pair of reciprocal institutions throughout the duration of a marriage: The husband must supply his wife with Mezonos, and the wife must give her husband any profits she receives from her handiwork (Ma'aseh Yadeha). The Amora'im differ over what the main point of these institutions was. Was the main point of the Rabanan to benefit the husband, by giving him his wife's handiwork, and the Rabanan instituted that he must provide his wife with sustenance as compensation? Or is the opposite true: the main point of the Rabanan was to benefit the wife, by having the husband provide her with sustenance, and the Rabanan gave the husband his wife's handiwork as compensation (ibid. 58b)?

18)[line 6]גט שחרורGET SHICHRUR

See above, entry #16.

19)[line 16]אונוONO- a document [that states that if the slave will escape from his new master, his previous master will not take him back as his slave]

20)[line 20]בהנאת מלוהB'HANA'AS MILVEH- with the benefit [that I will "give" you by extending the term] of a loan [such that you do not have to pay someone (or me) to influence me to extend it]

21)[line 21]הערמת רביתHA'ARAMAS RIBIS (RIBIS)

(a)It is forbidden to lend money in return for interest (Shemos 22:24, Vayikra 25:36, Devarim 23:20). Even if interest is charged conditionally, and it is not eventually collected, the transaction is prohibited mid'Oraisa according to some Tana'im. It is also forbidden to take money in order to allow the borrower more time to complete the payment of the loan. (Such payment is known as "Agar Natar.")

(b)The Torah only forbids charging interest if the rate or amount of interest for a loan was fixed at the time that the loan was made. This is called Ribis Ketzutzah. If interest was paid but the amount paid was not fixed at the time of the loan, or if a higher price was paid in a sale in order that the seller should allow the buyer more time to complete his payment for the purchase, it is called Avak Ribis. This is forbidden mid'Rabanan.

(c)Certain payments that are not actually Ribis mid'Oraisa or mid'Rabanan were prohibited because they have similarities to Ribis. Chazal refer to this as "Ha'aramas Ribis" in our Sugya.

22)[line 22]דאזקפהD'AZKEFAH- that he lent her [a sum of money]

23)[line 24]דארווח לה זימנאD'ARVACH LAH ZIMNA- that he extended the time of the loan for her

24a)[line 25]הילך מנהHEILACH MANEH- this Maneh is for you

b)[line 25]מנהMANEH- one hundred silver Dinars

25)[line 26]במכר לא קנהB'MECHER LO KANAH- this does not work in business transactions

26)[line 26]בפדיון הבןPIDYON HA'BEN - the redeeming of the firstborn

(a)The Torah requires that every Yisrael sanctify the firstborn male of his children, Kosher animals, and donkeys, as it is written, "Kadesh Li Kol Bechor, Peter Kol Rechem bi'Vnei Yisrael, ba'Adam uva'Behemah; Li Hu" - "Sanctify to Me every firstborn that initiates the womb among the children of Yisrael, among both man and beast; it is Mine" (Shemos 13:2).

(b)The Mitzvah of Pidyon ha'Ben applies to a Yisrael and not to a Kohen or a Levi. The first male born to a mother (who is not the daughter of a Kohen or a Levi) must be redeemed by his father (as stated in Shemos 13:13, "v'Chol Bechor Adam b'Vanecha Tifdeh"). The Bechor must be redeemed when he is one month old by giving five silver Shekalim of Kodesh (each of which weighs 22.8 grams / 0.8 ounces; see Midos v'Shi'urei Torah, C. P. Benish, Benei Brak, 5760, pp. 487-488) to a Kohen as stated in Bamidbar (18:16). This applies only if the son was the first issue (i.e., he was not preceded by a Nefel, stillborn) and was delivered through the womb (i.e., he was not delivered by Caesarian section). (Sefer ha'Chinuch #392)

(c)A number of reasons are given for this Mitzvah. One reason is that HaSh-m wanted to give us merit by having us perform a Mitzvah with the first produce of our efforts so that we should realize that everything is His. A person comes to this understanding when, after all his toil, he takes these first products, which are as dear to him as the apple of his eye, and gives them to HaSh-m. Another reason for this Mitzvah is to remember the great miracle that HaSh-m did for us by killing the firstborn of Egypt. (Sefer ha'Chinuch #18)

27)[line 28]ככהן המסייע בבית הגרנותK'KOHEN HA'MESAYEI'A B'VEIS HA'GERANOS- like a Kohen who helps out in the granary so that the Terumos should be given to him

28)[line 30]מתנה על מנת להחזיר שמה מתנהMATANAH AL MENAS L'HACHZIR SHEMAH MATANAH (a gift given on condition that it be returned after its use is a full-fledged gift)

(a)In many instances the Torah requires a person to transfer ownership of a certain item to another person (for example, giving Matenos Kehunah to a Kohen or transferring an item of value through which a sale is effected). In addition, there are many Mitzvos for which a person needs to own an item in order to fulfill the Mitzvah (such as the Arba'as ha'Minim on Sukos, which must belong to the person ("Lachem") at least on the first day of Sukos, and a garment that is obligated in Tzitzis).

(b)In such cases, the Amora'im question whether a gift given on the condition that it be returned is considered to fully belong to the recipient for the time that he retains it. (That is, can money given under this condition effect a Pidyon ha'Ben or is a Lulav given under this condition considered the possession of the recipient?)

(c)According to all opinions, if the gift was lost or the recipient does not return it, the transfer of ownership is revoked retroactively, since the condition was not fulfilled. The Rishonim add that when the recipient returns the gift, he must return it through a valid Ma'aseh Kinyan. Until this point it belonged entirely to him; therefore, the gift does not return to the possession of the original owner without a full transfer of ownership (see KETZOS HA'CHOSHEN 241:4 and Insights to Sukah 46:3).

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