KIDUSHIN 21 (30 Tishrei) - dedicated by Reb Mordechai Rabin (London/Yerushalayim) l'Iluy Nishmas his father, ha'Gaon Rav Gedalya Rabinowitz of Manchester, England (and in his later years, Bnei Brak, Israel). Hearing a Shiur of his was an unforgettable experience as can be attested to by his many Talmidim, both Bnei Yeshiva and Ba'alei Batim.

[21a - 56 lines; 21b - lines]

1)[line 9]ניהדר דינא תיתי במה הצדNIHADAR DINA, TEISI B'MAH HA'TZAD- let the argument return, and learn it (the law that a Sedeh Achuzah that was sanctified as Hekdesh cannot be redeemed with borrowed money or in parts, were it not for the verse "Im Ga'ol Yig'al") from a "Meh ha'Tzad" (or "Tzad ha'Shaveh")

2)[line 18]שכן הורע כחם ליגאל בשנה שניהSHE'KEN HURA KOCHAM LI'GA'EL B'SHANAH SHENIYAH- that their power is weakened with regard to being redeemed in the second year (a Sedeh Achuzah cannot be redeemed until two years have passed since the sale, and a house in a walled city cannot be redeemed after the first year)

3)[line 31]"[ו]בכל [ארץ אחזתכם] גאלה תתנו [לארץ]""[U]V'CHOL [ERETZ ACHUZASCHEM] GE'ULAH TITNU [LA'ARETZ.]"- "[And] in all [land of your ancestral heritage] you shall give a redemption [for the land.]" (Vayikra 25:24)

4)[line 33]בתי חצריםBATEI CHATZERIM

Batei Chatzerim are houses in towns that were not walled at the time of Yehoshua (RASHI). The law regarding the redemption of such houses includes the leniency of the redemption of a field - i.e. they may be redeemed even after the first year after the sale, until Yovel, and the leniency of a house in a walled city - i.e. they may be redeemed right away.

5)[line 34]"[ובתי החצרים אשר אין להם חמה סביב] על שדה הארץ יחשב [גאלה תהיה לו וביבל יצא]""[U'VATEI HA'CHATZERIM ASHER EIN LAHEM CHOMAH SAVIV,] AL SEDEH HA'ARETZ YECHASHEV, [GE'ULAH TIHEYEH LO UVA'YOVEL YETZEI.]"- "[And houses in open areas that do not have a wall around them,] it (one of these houses) shall be considered like the field of the land, [it will have a redemption and will go out in the Yovel year]." (Vayikra 25:31)

6)[line 49]לקרוב קרוב קודםL'KAROV KAROV KODEM- [it teaches that] the closest relative comes first (to be obligated to redeem the Eved Ivri who sold himself to a Nochri, or to redeem a Sedeh Achuzah)

7)[line 52]מי שאינו נגאל באלהMI SHE'EINO NIG'AL B'ELEH- one who is not redeemed with "these" (Vayikra 25:54), i.e. the redemption of relatives, but rather he goes free with the passing of six years, referring to an Eved Ivri who sold himself to another Jew

21b----------------------------------------21b

8a)[line 9]"... ורצע אדוניו את אזנו במרצע [ועבדו לעלם]""... V'RATZA ADONAV ES OZNO BA'MARTZE'A, [VA'AVADO L'OLAM.]"- "... and his master shall pierce his ear with an awl, [and he shall then serve him (his master) until the Yovel year (lit. forever)." (Shemos 21:6)

b)[line 12]"[ולקחת את ה]מרצע [ונתת באזנו ובדלת]""[V'LAKACHTA ES HA']MARTZE'A [V'NASATAH V'OZNO UVA'DELES]"- "[And you shall take the] awl [and you shall place it in his ear and in the door]" (Devarim 15:17)

9a)[line 12]מרצעMARTZE'A- an awl

b)[line 13]הסולHA'SOL- (O.F. broche) the piece of pointed wood

c)[line 13]והסיראSIRAH- thorn

d)[line 13]והמחטMACHAT- needle

e)[line 13]והמקדחMAKDE'ACH- auger, a tool for making holes in wood, consisting of a crosswise handle fitted to a straight metal rod having a screw point

f)[line 14]והמכתבMECHATEV- metal stylus

g)[line 14]"ולקחת""V'LAKACHTA"- see above, entry #8b

10)[line 17]המרצע הגדולHA'MARTZE'A HA'GADOL- the large awl

11)[line 18]יודן בריביYUDAN BERIBI- Yudan (the name of a Tana), the Great ("Beribi" is a descriptive title used to refer to a sage possessing great wisdom and sharpness - RASHI)

12)[line 19]במילתאMILASA- the ear lobe

13)[line 20]בעל מוםBA'AL MUM - a Kohen with a physical blemish which renders him unfit to perform the Avodah in the Beis ha'Mikdash

(a)It is forbidden for a Kohen who has a Mum (blemish) to do the Avodah in the Beis ha'Mikdash, whether the Mum is a Mum Kavu'a (a permanent blemish; e.g. an amputated hand or foot) or a Mum Over (a temporary blemish; e.g. boils). [According to the Rambam this is counted as two Lavin (#70 and 71). According to the Ramban they are counted as one Lav.]

(b)There are three types of blemishes (Bechoros 43a): 1. blemishes that invalidate a Kohen from doing the Avodah or invalidate an animal from being offered as a sacrifice on the Mizbe'ach; 2. blemishes that only invalidate a Kohen but not an animal; 3. blemishes that invalidate a Kohen and also an animal but only because of Mar'is ha'Ayin (for appearance sake).

(c)If a Kohen who had a Mum did the Avodah: 1. if he had a Mum that invalidates Kohanim and animals, his Avodah is Pesulah whether he did it b'Shogeg or b'Mezid, and he receives Malkos if he did it b'Mezid; 2. if he had a Mum that only invalidates Kohanim, his Avodah is Kesheirah (RAMBAM Hilchos Bi'as ha'Mikdash 6:6); 3. if he had a Mum that only invalidates him because of Mar'is ha'Ayin, he does not receive Malkos and his Avodah is Kesheirah. (Sefer ha'Chinuch #275, 276)

(d)A hole in the cartilage of the ear is a Mum Kavu'a, while a hole in the ear lobe is not (Bechoros 37a).

14)[line 40]בגובה של אזןBA'GOVAH SHEL OZEN- in the upper part of the ear (i.e. in the cartilage)

15)[line 24, 27]כללי ופרטי/ריבויי ומיעוטיKLALEI U'FRATEI / RIBUYEI U'MI'UTEI

(a)In order to extract the Halachah from the verses of the Torah, many Tana'im interpret the verses on the basis of Klalim (generalizations) and Pratim (specifications). Others interpret the verses on the basis of Ribuyim (inclusions, i.e. qualifications that enlarge the scope of the law) and Mi'utim (exclusions).

(b)According to the approach that learns Klalei u'Fratei, when a Klal is followed by a Prat, which is followed in turn by another Klal, then everything belonging to the general category that is similar to the Prat is included. Anything that is not in the general category of the limiting Prat is not included. According to the approach that learns Ribuyei u'Mi'utei, the outcome mentioned previously (for Klal u'Frat u'Chlal) is already achieved when a Ribuy is followed only by a Mi'ut. When a Ribuy is followed by a Mi'ut and the Mi'ut is followed in turn by another Ribuy, then everything is included except for one item that is totally dissimilar to the limiting Mi'ut. (This means that the verse will include more instances than the first opinion assumed.)

16)[line 30]סםSAM- acid (that corrodes a hole in the flesh)

17)[line 31]הירךHA'YARECH (GID HA'NASHEH)

(a)The Gid ha'Nasheh is the sciatic nerve, the large main nerve of the lower extremity, running down the back of the leg. Eating the part of the Gid ha'Nasheh that is located on the rounded part of flesh ("Kaf") that sits on the hipbone is prohibited by the Torah (Bereishis 32:33).

(b)Rebbi Yehudah rules that the prohibition only applies to one leg. There is a question whether he says that it "definitely applies" or "most likely applies" to the right leg. According to the other Tana'im, the prohibition applies to both legs (and the Halachah follows this opinion).

(c)This prohibition applies only to wild or domestic four-legged animals but not to birds.

(d)Besides the Gid that is prohibited by the Torah, the Rabanan prohibited certain nearby fats and nerves.

18)[line 31]המיומנת שבירךHA'MEYUMENES SHEBA'YERECH- the strongest of the thighs (i.e. the right leg)

19)[line 35]למוחזק שבמשפחתוL'MUCHZAK SHEBE'MISHPACHTO- to his previous position (i.e. status) in his family

20a)[line 38]כי הויתו בי מר שמואלKI HAVISU BEI MAR SHMUEL- When you were in the Yeshiva of Mar Shmuel

b)[line 38]באיסקומדרי איטלליתוB'ISKUMADREI ITLALISU- (a) you must have been busy playing Iskumadrei, a game using wooden chips as playing pieces (instead of studying) (RASHI); (b) you must have busy playing with puppy dogs (instead of studying) (RABEINU CHANANEL)

21)[line 41]תו לא מידיTU LO MIDI- there is nothing more to be said; the challenge against Shmuel's opinion is upheld

22)[line 42]ביפתתוארY EFAS TO'AR

(a)The Torah (Devarim 21:10-14) permits a Jewish soldier to take home a foreign female prisoner of war, convert her, and marry her. The Torah permits this "only in recognition of the power of a man's evil inclination," in order to prevent the strong likelihood that some Jews might be overcome by their Yetzer ha'Ra and engage in forbidden relations with her.

(b)However, the Torah requires first that she undergo a thirty-day period of mourning for her parents (as well as for their idolatrous practices; Yevamos 48b, RAMBAM Hilchos Melachim 8:5). This involves shaving her head, letting her fingernails grow (or be cut; see Yevamos 48b), and replacing the fine garments that she was wearing when she was captured with ordinary clothes. This is done in order to make her less attractive (RASHI to Devarim ibid., IBN EZRA to Devarim ibid.) and to signify purification and a new status (CHIZKUNI to Devarim ibid.).

(c)There is a Machlokes Rishonim regarding whether it is permitted for the Jewish soldier to have relations with the Yefas To'ar a single time, during the war, before bringing her home (RAMBAM, RABEINU TAM), or whether such an act during war is forbidden and that the soldier must wait until after her period of mourning is completed (RASHI, according to TOSFOS; see RITVA).

23)[line 47]גיורתGIYORES- a female convert to Judaism, whom a Kohen is prohibited to marry (Vayikra 21:7), because she is presumed to have been a Zonah (see Background to Gitin 79:22) before her conversion (RASHI)

24)[last line]תמותותבשרB ESAR TEMUTOS- the meat of an animals which are about to die (O.F. amortides - as dead, exhausted), which is considered disgusting to eat (Chulin 37b)

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