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.

[7a - 48 lines; 7b - 33 lines]

1)[line 1]ערבAREV - a guarantor of a loan

(a)An Arev is a guarantor for a loan who accepts upon himself to pay back the loan instead of the borrower, under certain circumstances.

(b)There are different levels of guarantors. A normal guarantor only has to pay back the loan if the borrower cannot pay. The lender may approach an Arev Kablan to pay even if the lender has not yet asked the borrower to pay. (See Insights to Gitin 49:2.)

2)[line 3]איתתאITESA- woman

3a)[line 24]נכסים שיש להם אחריותNECHASIM SHE'YESH LAHEM ACHRAYUS- immobile goods such as land

b)[line 25]נכסים שאין להם אחריותNECHASIM SHE'EIN LAHEM ACHRAYUS- mobile goods such as money

4)[line 26]נכסים שאין להם אחריות נקנין עם נכסים שיש להם אחריות בכסף בשטר ובחזקהNECHASIM SHE'EIN LAHEM ACHRAYUS NIKNIN IM NECHASIM SHE'YESH LAHEM ACHRAYUS B'CHESEF BI'SHTAR UV'CHAZAKAH

(a)When a person purchases Nechasim she'Yesh Lahem Achrayus (immobile goods such as land) along with Nechasim she'Ein Lahem Achrayus (mobile goods such as a flowerpot), as soon as he makes a Kinyan of Kesef (paying money), Shtar (handing over a contract), or Chazakah (enhancing the land with the intention of buying it) on the land, he concurrently buys the mobile goods also (Kidushin 26a and RASHI ibid.).

(b)The word Achrayus in this context means that people will trust a borrower who owns land since they can expect to extract payment from the land should the borrower not have the money to pay back his loan (RASHI ibid.).

5)[line 29]אגבAGAV - by means of [the transfer of land] (KINYAN AGAV)

(a)According to Torah law, certain modes of transferring ownership (Kinyanim) are effective only for land (Mekarka'in), while others are effective only for mobile objects in general (Metaltelin) or for specific mobile objects such as slaves. Kinyan Agav is effective for the transfer of mobile objects in general.

(b)A Kinyan "Agav Karka" is a "package deal" wherein when land is transferred through one of the modes of transferring land one automatically transfers mobile objects as well. For example, if a person is interested in selling a parcel of land and also a cow, when the buyer pays for the land, thereby acquiring it through Kinyan Kesef, he immediately acquires the cow as well. This Kinyan is learned from the verse in Divrei ha'Yamim II 21:3 (Bava Kama 12a).

(c)The Gemara (Kidushin 26a) discusses whether the mobile object that one transfers with Kinyan Agav must be located in the parcel of land that is being transferred or not. This is known as "Tzevurin." The Gemara (ibid. 27a) concludes that it is not necessary for the mobile objects to be Tzevurin.

6)[line 33]בכל דהוKOL DEHU- a small, even infinitesimal amount

7)[line 34]טב למיתב טן דו מלמיתב ארמלוTAV L'MEISAV TAN DU, MIL'MEISAV ARMELU- it is better to sit together as a couple than to sit alone like a widow

8)[line 40]לבי תריL'BEI TEREI- for two [husbands]

9)[line 41]דאי בעינא למינסב אחריתי נסיבנאD'IY BA'INA L'MINSAV ACHARISI NASIVNA- that if I want to marry another [wife], I shall

10)[line 42]וניפשטוV'NIFSHETU- and they (the Kidushin) should expand [to fill the entire woman]

11)[line 43]האומר 'רגלה של זו עולה' תהא כולה עולהHA'OMER 'RAGLAH SHEL ZU, OLAH' TEHEI KULAH OLAH- if one says "the foot of this [animal] should be a Korban Olah" then the entire animal becomes an Olah

12)[line 44]דבר שאין הנשמה תלויה בוDAVAR SHE'EIN HA'NESHAMAH TELUYAH BO- a limb or organ, the removal of which does not cause the animal to die

13)[last line]תמורהTEMURAH

(a)The Torah states, "Do not try to transfer or exchange it (an animal that has been designated as a Korban) [for another animal], neither a good animal for a bad one nor a bad one for a good one. If you do exchange an animal [of Kodesh] for another animal [that is not], both the original animal and the one given in exchange for it, will be Kodesh" (Vayikra 27:10). The Chinuch explains that the reason for the prohibition of Temurah is to teach us the proper reverence that we must have for objects of Kedushah (SEFER HA'CHINUCH #351, 352).

(b)The second animal, or the Temurah, is usually a valid Korban. If it has no Mum (blemish that invalidates it), it must also be offered on the Mizbe'ach (unless the original Korban was a Chatas or an Asham, or, as in our Sugya, the original Korban itself was unfit to be sacrificed).

(c)A person who intentionally makes a Temurah receives Malkos (lashes). Sometimes, even if a person makes a Temurah b'Shogeg (unintentionally), he receives Malkos (see Chart to Temurah 17a).

7b----------------------------------------7b

14)[line 1]בעלי חיים נדחיםBA'ALEI CHAYIM NIDACHIM - animals can become irrevocably rejected (DICHUY: BA'ALEI CHAYIM)

(a)According to the Tana'im and Amora'im who rule Ba'alei Chayim Nidachim, if at one point in time an animal becomes unfit to be sacrificed, it remains unfit forever. The dissenting opinion rules that only Shechutim (slaughtered animals) become irrevocably rejected; under normal circumstances a live animal can regain its status of being fit to be sacrificed even though it once was not fit to be sacrificed (Yoma 64a).

(b)In our Sugya, this refers to a situation in which two partners owned an animal and one of them consecrated his half to Hekdesh. Since half an animal cannot be sacrificed, it is unfit for use and according to Rebbi Yochanan, who rules Ba'alei Chayim Nidachin, the animal becomes irrevocably rejected. Even if the first partner later buys the second half of the animal and consecrates that half as well, it cannot be used as a sacrifice. According to the opinion that rules Ba'alei Chayim Einam Nidachim, if the first partner buys the second half and consecrates it, the animal may be used as a sacrifice.

15)[line 1]דחוי מעיקרא הוי דחויDICHUY ME'IKARA HEVEI DICHUY- even if the animal was unfit at the time it was consecrated (i.e., there was no moment that it was an acceptable Korban), it becomes Nidcheh (irrevocably rejected - see previous entry). The dissenting opinion rules that an animal becomes Nidcheh only if the animal became unfit after it was once fit to be sacrificed (Sukah 33b).

16)[line 2]יש דחוי בדמיםYESH DICHUY B'DAMIM- an animal whose value is consecrated and not its body may become forever unfit for the Mizbe'ach

17a)[line 4]פסקהPASKAH- he has interrupted it (the Kidushin process)

b)[line 5]מונה והולךMONEH V'HOLECH- he is in the middle of counting out the money

18)[line 22]במשיכהMESHICHAH (KINYAN MESHICHAH)

(a)When a person buys an object, he must make a Ma'aseh Kinyan, a formal Halachically-binding act denoting his acquisition of the object, in order for the sale to be irrevocably binding. Depending on what object one is acquiring, different Kinyanim are used, as follows.

(b)The forms of Kinyan that may be used for the acquisition of Metaltelin (mobile items) are:

1.Hagbahah, i.e. lifting the item;

2.Meshichah, i.e. pulling the item or causing it to move;

3.Mesirah, i.e. handing over the reigns of an animal the tie lines of a boat or a bill of debt (Shtar Chov);

4.Chatzer, i.e. bringing the item into one's private domain;

5.Chalipin (exchange or barter), i.e. taking another object to demonstrate one's consent for the Kinyan (or for an agreement).

6.Agav, i.e. acquiring the movable object automatically upon the acquisition of land.

(c)The Amora'im (Bava Metzia 47b) argue as to whether Kinyan Meshichah is recognized by the Torah, or whether it is a Rabbinic institution which was established in order to replace the Kinyan of Kesef (which is recognized by the Torah but which was invalidated by the Rabanan). According to those who maintain that Kinyan Meshichah is mid'Oraisa, its source in the Torah is from the verse "Kanoh mi'Yad Amisecha" (Vayikra 25:14), which implies that one may transfer property by handing it over to the buyer (Bava Metzia ibid.).

(d)Meshichah accomplishes a Kinyan only in a private or semi-private area (such as an alleyway), but not in Reshus ha'Rabim. It may be accomplished not only by pulling the object towards one's self, but even by causing it to come towards one's self, such as by calling an animal and causing it to come closer.

19)[line 25]בחזקהCHAZAKAH (KINYAN CHAZAKAH)

(a)When a person acquires land, he must make a Ma'aseh Kinyan (a formal Halachically-binding act denoting the change in ownership). The forms of Ma'aseh Kinyan for Mekarka'in (immobile items) are Kesef (paying money), Shtar (a document specifying the sale or gift of the land - this Kinyan is only applicable to certain cases - see Kidushin 26a), Chalipin (lit. barter - see Background to Kidushin 3:8), and Chazakah, i.e. performing an act to enhance the land that is normally performed by an owner.

(b)Examples of Chazakah are Na'al (locking), Gadar (fencing in), and Paratz (making a breach in a fence to create an entrance), or any act that is done to enhance the land, such as digging to improve a field and the like (MISHNAH Bava Basra 42a).

20)[line 26]בשיראיSHIRA'EI- silk garments

21)[line 27]שומאSHUMA- an expert appraisal

22)[line 32]לא סמכה דעתהLO SAMCHAH DA'ATAH- she does not rely on him (she is afraid that the silk garments are not worth what he claims)

23)[last line]דקיץD'KITZ- [that its quantity is] defined

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