KIDUSHIN 56 (6 Kislev) - Dedicated in honor of the Yahrzeit of Eliezer ben Reb Shraga Feivel Marmorstein, by his nephew, Mr. David Kornfeld, who Mr. Marmorstein raised like his own child after the Holocaust.

[a - 16 lines; b - 51 lines]

1)[line 1] YACHZERU DAMIM LI'MEKOMAM- the money returns to its place (i.e., the sale is reversed) [since the money was spent by mistake (rendering the sale a Mekach Ta'us)]

2)[line 2] TE'ALEH V'SE'ACHEL BA'MAKOM- it should be brought up and eaten in "the place" (i.e., Yerushalayim; see Devarim 14:25)

3)[line 2] ?BA'MEH DEVARIM AMURIM?- when is it true [that the sale holds and the animal retains the status of Ma'aser Sheni when it was purchased intentionally]?

4)[line 3] L'SHEM SHELAMIM- for the purpose of offering it as a Korban Shelamim (see Background to 55:4) in Yerushalayim. Ideally, one should use money that one has invested with the status of Ma'aser Sheni and brought to Yerushalayim to purchase animals and offer them as Korbenos Shelamim (Menachos 82a).

5)[line 5]L'CHULIN- a) in order to eat the animal outside of Yerushalayim [even though it has the status of Ma'aser Sheni] (RASHI); b) on condition that [the money paid for the animal retains the status of Ma'aser Sheni while] the animal remains unsanctified (TOSFOS DH Aval; see Tosfos for further detail as to how they understand out Sugya)

6)[line 5] BEIN SHOGEG BEIN MEZID- the same way that [if the money of Ma'aser Sheni was spent] inadvertently [since the purchase was made in error], so too [if the money was spent] intentionally [since the Chachamim place a fine on the seller for enabling the purchaser to transgress]

7)[line 6], B'MEZID, KIDESH- [if one] intentionally [betrothed a woman with money of Ma'aser Sheni], she is betrothed [and a) the Chachamim did not fine him (RASHI); b) we do not fear that she will assume that the money lost its status of Ma'aser Sheni and therefore not bring it to purchase food items in Yerushalayim (TOSFOS DH Aval)

8)[line 8] OLAH V'OCHLASO BI'YERUSHALAYIM- she will go up and eat it in Yerushalayim [as opposed to the seller of an animal, who a) knows that the Kedushah of the money was transferred to the animal that he sold even though the purchaser has no intention of eating it in Yerushalayim (RASHI); b) may very well mistakenly think that the Kedushah of the money was transferred to the animal since it itself can be eaten in Yerushalayim (TOSFOS DH Aval)]

9)[line 10] BEHEMAH TEME'AH- a non-kosher animal

10)[line 10] ADAM YODE'A SHE'EIN MA'OS MA'ASER SHENI MISCHALELIN ALEIHEN- it is obvious that the Kedushah of Ma'aser Sheni cannot be transferred to them [as they are not edible, and therefore - similar to the case of a woman betrothed with Ma'aser Sheni - we would expect that a) no fine should be decreed (RASHI); b) we can rely upon the seller to bring the money to Yerushalayim (TOSFOS DH Aval)]

11)[line 14] YOCHAL KENEGDAN- [the purchaser] must eat [food] equal to their value [as Ma'aser Sheni a) upon which he had transferred the Kedushah from the money given to the seller (RASHI, RABEINU MEIR cited by TOSFOS DH Maskif); b) as a fine, even though he is unable to transfer the Kedushah from the money given to the seller (RABEINU YITZCHAK BEN AVRAHAM cited by TOSFOS DH Maskif)

12)[line 14] ISHAH CHAVEIRAH - a woman who is meticulous in her observance of Halachah (CHAVER)

(a)One who has earned the title of "Chaver" is meticulous in at least the following four areas of Halachah:

1.He does not give Terumah or Ma'asros to an Am ha'Aretz (an unlearned Jew who may be lax in his Torah observance);

2.He does not prepare Taharos in the vicinity of an Am ha'Aretz;

3.He is careful not to keep even Chulin from becoming Tamei;

4.He is careful to separate Ma'aser from all produce that he eats, sells, or buys (Tosefta Demai 2:2-3). The Gemara in Bechoros 30b explains exactly how one goes about accepting this distinguished status.

(b)Our Gemara explains that the woman described in our Mishnah has the status of a Chaveirah. Since she is meticulous in her observance of Halachah, she will be sure to be careful to bring the Ma'aser Sheni money with which she was betrothed to Yerushalayim.

13)[line 15]YAD'AH- she is [more] aware [of what must be done with Ma'aser Sheni money than the average Jew]


14)[line 1]KESHE'BARACH- [the Mishnah which rules that the purchaser must eat food equal in value to the Ma'aser Sheni money that he spent is discussing a case] in which the seller is not there (lit. he ran away)

15)[line 2] ; , LAV ACHBERA GANAV; ELA, CHORA GANAV- the mouse is not a thief; rather, the hole is. This parable explains that if not for the seller who willing to sell an animal for Ma'aser Sheni money even though the purchaser did not plan on eating in Yerushalayim, the purchaser would not have been able to sin.

16)[line 3] , ( ) [ ]?V'IY LO ACHBERA, CHORA (MAI KA'AVID) [MINA LEI]?- and if not for the mouse, (what did the hole do) [from where does the hole have (stolen food)]?

17)[line 5]ORLAH - The Status of Fruit During the First Three Years of a Tree's Life

(a)One may not derive any benefit from fruit produced by a fruit tree in the first three years following its planting. These fruits are termed "Orlah" (Vayikra 19:23). This status applies not only to the fruit but also to the peel of the fruit (Kelipei Orlah).

(b)If one consumes a k'Zayis of Orlah fruit, he receives Malkus. According to most Rishonim, one who derives benefit from Orlah (or any other food that is Asur b'Hana'ah) is punished with Malkus as well (TOSFOS to Chulin 120a DH Ela). There are those, however, who maintain that for such a transgression one receives only Makas Mardus (Malkus instituted by the Rabanan; RAMBAM Hilchos Ma'achalos Asuros 8:16 - see also Mishneh l'Melech to Yesodei ha'Torah 5:8).

(c)Since it is prohibited to derive benefit from fruits of Orlah, one may not use them to betroth a woman. Moreover, even if he transgresses and attempts to do so, the Kidushin does not take effect. Since it is forbidden to benefit from Orlah, it has no monetary value, and he has therefore not given her anything. See also Insights.

18)[line 6] KIL'EI HA'KEREM - Grains or Vegetables Sown in a Vineyard

(a)The term Kil'ayim means "forbidden mixture." Any two items which are permitted in and of themselves but may not be combined are called Kil'ayim (see Background to Kidushin 39:23a, for example). Kil'ei ha'Kerem refers to the prohibition against sowing grains or vegetables in a vineyard (Devarim 22:9). One who intentionally transgresses this prohibition is liable to receive Malkus (lashes).

(b)There are various opinion among the Tana'im as to how one transgresses this prohibition:

1.Some Tana'im maintain that one transgresses this prohibition even if he finds such crops growing in his vineyard and does not remove them (Makos 21b).

2.Many Tana'im maintain that it is even forbidden to sow grains or vegetables in a preexisting vineyard. Rebbi Yoshiyah, however, maintains that the prohibition of Kil'ei ha'Kerem applies only when one sows wheat, barley, and grape seeds in one motion (39a, Berachos 22a). (According to this view, one who transgresses the prohibition of Kil'ei ha'Kerem must also transgress that of Kil'ei Zera'im (see Background to Kidushin 39:23a:c and TOSFOS ibid DH Lo).

(c)For the purposes of Kil'ei ha'Kerem, the two crops are considered to be "mixed" even when they are planted in close proximity to one another. Vegetables and grains must be planted at least at least six Tefachim away from a single grapevine and at least four Amos away from a vineyard. In this context, a vineyard refers to a minimum of five grapevines planted such that four form two parallel rows of two vines each with a fifth planted between and behind the two rows (Kil'ayim 5:5).

(d)Although the Torah prohibits Kil'ei ha'Kerem only in Eretz Yisrael, the Rabanan prohibited it in Chutz la'Aretz as well since it is a Mitzvah ha'Teluyah ba'Aretz (dependant upon the land; 38b).

(e)One may not derive any benefit (Asurim b'Hana'ah) from either crop of Kil'ei ha'Kerem; they must be burned (Gemara here).

19)[line 6] SHOR HA'NISKAL - A Stoned Ox

(a)The term "Shor ha'Niskal" - lit. an ox that is stoned - may refer to any animal or bird that is determined by Beis Din to deserve stoning. The owner of a Shor ha'Niskal may not receive any benefit from his animal once the death sentence has been issued.

(b)There are three categories of Shor ha'Niskal:

1.An animal that killed a person (Shemos 21:28-31; Sanhedrin 2a);

2.An animal that had relations with a human (Vayikra 20:15-16; Sanhedrin 2a). This includes both a Rove'a (male animal) and a Nirba (female animal). Such animals are put to death for two reasons: so that others not sin with them in a similar manner, and so as to avoid disgracing previous sinners by reminding all who see them of the sin that had been committed (Sanhedrin 54a);

3.When the Torah was given, Har Sinai was declared off-limits not only to all people other than Moshe Rabeinu, but even to animals and birds. Any animal or bird that stepped foot on the mountain was to be stoned (Shemos 19:13; Sanhedrin 15b). This Halachah, of course, applied only during that one period in history.

20)[line 6] EGLAH ARUFAH - The Decapitated Calf

(a)If a Jew is found murdered in a field in Eretz Yisrael and his killer is unknown, the Torah requires an Eglah Arufah to atone for his death (Devarim 21:1).

(b)First, five elders from the Beis Din of the Lishkas ha'Gazis (the Supreme Court which sat in the Beis ha'Mikdash) measure the distances between the body and the cities nearest to it in order to determine which of them is the closest.

(c)The elders of that city then bring a female calf that has never performed any work to a Nachal Eisan (a swiftly flowing stream - RAMBAM Hilchos Rotze'ach 9:2; a valley with infertile soil - RASHI). They strike the back of its neck with a cleaver (Arifah), sundering its spinal column, gullet, and windpipe. No benefit may be derived from the dead calf.

(d)The elders then wash their hands and state, "Our hands did not spill this blood, nor did our eyes see [the murder]" (Devarim 21:7). This proclamation carries with it the assertion that the dead man had not been sent from their city without provisions for his journey or proper accompaniment. The Kohanim present then beseech, "Atone for Your people Yisrael whom You have redeemed, HaSh-m, and do not place [the guilt for] innocent blood in the midst of Your people Yisrael" (ibid. 21:8). Following the procedure of the Eglah Arufah, HaSh-m forgives his nation for the innocent blood that had been spilled.

21)[line 7] TZIPOREI METZORA - the birds that a Metzora uses in his purification (TAHARAS METZORA)

(a)If one develops a white patch on his skin the size of a Gris (a Cilician bean, approximately the size of a dime) that appears to be Tzara'as, he must go to a Kohen, as the status of Tzara'as can only be determined by the pronouncement of a Kohen. See Background to Yoma 41:17 for further elucidation of the Halachos concerning a Metzora.

(b)On the day that a Metzora is healed from his Tzara'as, he procures two kosher birds (Tziporei Metzora), a piece of cedar, a scarlet-dyed woolen thread, and an Ezov (hyssop) branch. One of the birds is slaughtered over fresh spring water in a clay bowl. A Kohen dips the other bird, along with the other articles, into the spring water that is mixed with the blood and sprinkles it seven times on the Metzora. The living bird is sent away toward the fields. One may not derive any benefit from either bird (Asurim b'Hana'ah), although the prohibition no longer applies to the living bird once it is sent away. This is the first stage in the purification process of a Metzora (Vayikra 14:1-7; see Background to Moed Katan 7:14 for further elucidation of the Halachos concerning the rest of the Taharah process).

22)[line 7] SE'AR NAZIR - the hair of a Nazir (NAZIR)

(a)A Nazir is one who has vowed to not:

1.Cut his hair;

2.Become Tamei by touching or being in the same room as a corpse;

3.Consume any products of the grapevine (Bamidbar 6:1-21). If one vows to become a Nazir without stipulating a time period, his Nezirus lasts for a period of thirty days.

(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) and 10 Rekikin (flat Matzos). He then shaves his hair and burns it under the pot in which the Shelamim is cooked (Bamidbar 6:18). It is forbidden to derive any benefit (Asur b'Hana'ah) from the hair of a Nazir.

23)[line 7] PETER CHAMOR - The Redemption of a First-Born Male Donkey

(a)A donkey first-born to its mother in the possession of a Yisrael must be redeemed. This Mitzvah is fulfilled through designating a sheep to stand in lieu of the donkey. If the donkey is not redeemed, it must be decapitated (Shemos 13:13).

(b)The donkey need not be redeemed with a sheep; anything of equal value will suffice. If, however, a sheep is used, then the sheep need not be equal to the value of the donkey.

(c)After the donkey is redeemed with a sheep, the sheep is given to a Kohen. Both the donkey and the sheep are then Chulin, and their respective owners may put them to any use that they see fit. Some Tana'im maintain that one may not receive any benefit from the donkey before it is redeemed. If it is decapitated (Arifah), all agree that one may not receive any benefit from it.

24)[line 7] BASAR B'CHALAV - A Mixture of Meat and Milk

(a)The verse "Lo Sevashel Gedi ba'Chalev Imo" - "Do not cook a young lamb in its mother's milk" appears three times in the Torah (Shemos 23:19, 34:26, and Devarim 14:21). The Yeshivah of Rebbi Yishmael understood that this teaches us that three distinct actions are prohibited:

1.Cooking meat and milk together;

2.Eating meat and milk that have been cooked together; and

3.Deriving any benefit from meat and milk that have been cooked together. Rebbi Shimon ben Yehudah maintains that only eating Basar b'Chalav is forbidden, one may derive benefit from it (57b).

(b)In addition to these Torah prohibitions, the Chachamim instituted that one may not consume meat and milk at the same time, even if they had not been cooked together. Additionally, they decreed that these prohibitions apply even to the meat of fowl. This is clearly not included in the Torah verses, as fowl do not produce mother's milk. Rebbi Yosi ha'Gelili maintains that it is permitted to cook, consume, and derive benefit from milk cooked with fowl.

(c)One who intentionally cooks, eats, or derives benefit from meat and milk cooked together after receiving a proper warning from witnesses receives Malkus (lashes).

(d)Although this law is Torah-mandated and requires no explanation, a number of underlying reasons are suggested by the commentators. One is that meat represents the death of the animal, whereas milk represents new life. It is not proper to mix life and death (REKANATI, TZEROR HAMOR, ZOHAR 2:124b). Another suggestion is that eating meat and milk together used to be an idolatrous custom practiced specifically on festivals (MOREH NEVUCHIM 3:48; RALBAG). The SEFER HA'CHINUCH (#92 and #113) proposes that eating a mixture of meat and milk detrimentally affects one's character.

25)[line 8] CHULIN SHE'NISHCHETU BA'AZARAH - Unsanctified Animals Slaughtered in the Courtyard of the Beis ha'Mikdash

(a)One may not slaughter an animal in the Azarah (courtyard of the Beis ha'Mikdash) unless it is sanctified as a Korban. If one does so, the animal is Asur b'Hana'ah (it is forbidden to derive benefit from it).

(b)There is a difference of opinion among the Tana'im as to whether this law is mid'Oraisa or mid'Rabanan in origin. Those who rule that it is forbidden by the Torah derive it from the verse which refers to the slaughter of unsanctified meat as taking place far from the Beis ha'Mikdash (Devarim 12:21). Those who maintain that it was enacted by the Rabanan explain that they did so to prevent people from mistaking such animals as Korbanos that became disqualified before their blood was dashed against the Mizbe'ach (Zerikas ha'Dam; (see Background to Gitin 54:18). Since one may derive benefit from Chulin, people may then assume that one may derive benefit from such disqualified Korbanos (58a).

26)[line 9]DEMEIHEN- money received in return for them

27)[line 10]"[ , ; ] , ""[V'CHI SAVO'U EL HA'ARETZ U'NTATEM KOL ETZ MA'ACHAL, VA'ARALTEM ORLASO ES PIRYO; SHALOSH SHANIM YIHEYEH LACHEM] ARELIM, LO YE'ACHEL"- "[And when you come to the land and you shall plant a fruit tree, you shall make its fruit forbidden; for three years it shall be] forbidden [to you]; it should not be eaten" (Vayikra 19:23).

28)[line 12] LO YITZBA BO- one should not paint with [dyes derived from] it

29)[line 15]"[ ;] [ ]""[LO SIZRA KARMECHA KIL'AYIM;] PEN TIKDASH [HA'MELEI'AH HA'ZERA ASHER TIZRA U'SEVU'AS HA'KAREM]"- "[Do not sow your vineyard with a mixture of other crops;] lest [the fruit of the seed that you have sown and the fruit of the vineyard] become forfeit" (Devarim 22:9).

30)[line 15] PEN TUKAD ESH- lest it be burnt in a fire. Chizkiyah derives from the word "Tikdash" that Kil'ayim must be burned, and are therefore Asur b'Hana'ah.

31)[line 15] PEN YIHEYEH KODESH- lest it become as though sanctified

32)[line 16] TOFES ES DAMAV V'YOTZEI L'CHULIN- lit. grabs hold of its money and goes out to be unsanctified; i.e., its inherent Kedushah is transferred to the money used to redeem it

33)[line 18]MECHAVARTA- it is clearly correct

34)[line 19]"[ ;] [ , ]""[V'CHI YIGACH SHOR ES ISH O ES ISHAH VA'MES;] SAKOL YISAKEL HA'SHOR [V'LO YE'ACHEL ES BESARO, U'VA'AL HA'SHOR NAKI]"- "[And if an ox shall gore a man or woman and they die,] the ox must be stoned [and its flesh may not be eaten, and the owner of the ox is exonerated]" (Shemos 21:28).

35)[line 20] , ?EINI YODE'A SHE'NEVEILAH HI, U'NEVEILAH ASURAH BA'ACHILAH?- do I not know that it is a Neveilah (an animal that has died as a result of anything other than Halachically valid slaughter), and that a Neveilah may not be eaten (Devarim 14:21)?

36)[line 22] NIGMAR DINO- its verdict was pronounced [but before it was carried out]

37)[line 24] ?MAI MASHMA?- how do [the words "u'Va'al ha'Shor Naki"] imply [that the owner may not derive any benefit from his animal]?

38)[line 25] YATZA PELONI NAKI MI'NECHASAV- so-and-so has been cleaned out of his property

39a)[line 33] AD SHE'YIPARET LECHA HA'CHASUV- until the Torah specifies [otherwise]

b)[line 34] K'DERECH SHE'PARAT LECHA B'NEVEILAH- as it specifies regarding a Neveilah [which one is allowed to sell or give as a gift to a Nochri (Devarim 14:21)]

40)[line 38] " "IY NAMI "LO YE'ACHEL"- or [simply] "it should not be eaten" (which, according to the Gemara's current understanding, would imply Isur Hana'ah as well)

41)[line 39] K'EIN BASAR- similar to meat [that was slaughtered in a Halachically permissible manner]

42)[line 40]BADAK - he examined it (for use in Kosher slaughter) (BEDIKAS SAKIN)

(a)Before performing Shechitah (ritual slaughter), the slaughtering knife must be checked carefully. Even the slightest nick renders a knife invalid for Shechitah.

43)[line 41]TZUR- a stone

44)[line 41]MECHZI- it appears

45)[line 42] ?MIDI SAKIN B'ORAISA KSIV?- is it written in the Torah [that one must use] a [metal] knife [to slaughter an animal]? (See Insights)

46)[line 43]ZECHUCHIS- a piece of glass

47)[line 44] KEROMIS SHEL KANEH- the hard outer sheath of a reed

48)[line 44] V'HASHTA D'NAFIK ISUR ACHILAH V'ISUR HANA'AH TERAVAIHU MI'LO YE'ACHEL- and now that both the prohibition against eating [the animal] and deriving benefit from it are derived from "Lo Ye'achel." Although the Gemara earlier explained that the words "u'Va'al ha'Shor Naki" are necessary to teach us that one may not derive benefit from his animal after it is stoned, this is no longer true according to what Rebbi Avahu explained in the name of Rebbi Elazar. Since one may not derive benefit from the animal even if he slaughtered it before it was stoned (as the Torah forbids it with the words "Lo Ye'achel"), it is obvious (Kal va'Chomer) that he may not derive benefit from it after it is stoned (RASHI to Bava Kama 41b)!

49)[line 46] L'HANA'AS ORO- to [teach that one may not derive] benefit from its hide

50a)[line 49] CHATZI KOFER - half atonement-payment [made by the owner of an ox that has killed a person] (SHOR TAM / SHOR MU'AD)

(a)An ox that has either never gored another animal or that has done so no more than twice is termed a Tam. Should such an ox gore another animal, then its owner need only pay half of the damages, as such behavior is unusual among oxen. Furthermore, he need not pay any more than the worth of his own ox ("mi'Gufo") (Shemos 21:35).

(b)If an ox has gored the same species of animal three times or more, and its owner was informed and duly warned to guard his ox after each time, then the ox is termed a Mu'ad. Since its owner has been negligent, he must make full restitution for the damages caused by his animal, even if this amounts to more that the value of his animal ("min ha'Aliyah") (Shemos 21:36). Additionally, if a Mu'ad kills a person, then his owner is liable to Misah b'Yedei Shamayim (death delivered through natural means; see Background to Yevamos 3:27). He may, however, redeem himself by paying "Kofer" to the children or heirs of the dead man (Shemos 21:30). The amount paid as Kofer is either his own value or the value of the dead man, depending upon the various opinions of the Tana'im (Makos 2b). If a Mu'ad kills a Nochri slave, then the Kofer is set by the Torah at thirty Sela'im, and it is paid to the slave's owner.

(c)Tana'im disagree over whether or not the owner of a Tam must pay half of the Kofer if his ox kills a person, similar to that which he must pay half of the damages if his ox causes damage. Rabbi Yosi ha'Gelili rules that he is indeed liable for Chatzi Kofer (Kesuvos 41b). Rebbi Eliezer maintains that he is not, deriving his ruling from the words "u'Va'al ha'Shor Naki" (Bava Kama 41b).

b)[line 50] DEMEI VELADOS - The Value of Unborn Children

(a)If one accidentally strikes a pregnant woman and causes her to miscarry, he must make restitution for the value of her unborn child as determined by Beis Din (Shemos 21:22).

(b)If a Shor ha'Mu'ad (see previous entry) causes a woman to miscarry, Rebbi Yosi ha'Gelili rules that its owner is exempt from making restitution for the unborn child. He derives this from the words "u'Va'al ha'Shor Naki" (Bava Kama 42a).

51a)[last line]" "ME"ES BESARO"- from [the additional word "Es" in] the words "Es Besaro"

b)[last line] ES HA'TAFEL LI'VESARO- that which is subordinate to its flesh