KIDUSHIN 58 - Dedicated by a Talmid of Rabbi Kornfeld in Chicago. May Hashem bestow upon him and his wife Berachah in all their endeavors, and Yiddishe Nachas and joy from their dear children.

[58a - 48 lines; 58b - 33 lines]

1)[line 6]ישליכנו לפני כלביםYASHLICHENU LI'FNEI KELAVIM- he may throw it to the dogs [even if the dogs belong to him, in which case he is deriving benefit from it]

2)[line 7]"[וְאַנְשֵׁי קֹדֶשׁ תִּהְיוּן לִי; וּבָשָׂר בַּשָּׂדֶה טְרֵפָה לֹא תֹאכֵלוּ,] לַכֶּלֶב תַּשְׁלִכוּן אֹתוֹ""[V'ANSHEI KODESH TIHEYUN LI; U'VASAR BA'SADEH TEREIFAH LO SOCHELU,] LA'KELEV TASHLICHUN OSO"- "[And you shall be for Me holy men; do not consume meat that has been torn by beasts in the field,] you should [rather] throw it to the dogs" (Shemos 22:30).

3a)[line 7]"אותו" אתה משליך לכלב"OSO" ATAH MASHLICH L'KELEV- [meat that has been torn rather than slaughtered in a Halachically acceptable manner] you may throw to the dogs

b)[line 8]ואי אתה משליך חולין שנשחטו בעזרהV'IY ATAH MASHLICH CHULIN SHE'NISHCHATU BA'AZARAH- but you may not throw Chulin she'Nishchatu ba'Azarah [to the dogs] (i.e., you may not derive benefit from it)

4)[line 9]אשכחינהוASHKECHINHU- he found them

5)[line 10]הוו קיימי אפיתחא דבי רבהHAVU KAIMEI A'PISCHA D'VEI RABAH- they were standing at the entrance of the Yeshiva of Rabah

6)[line 12]פטר חמורPETER CHAMOR- a [live] firstborn donkey. Rebbi Shimon rules that one may derive benefit from a live firstborn donkey (57b).

7)[line 12]בשר בחלבBASAR B'CHALAV- RASHI explains that Rebbi Shimon rules earlier (57b) that one may derive benefit from Basar b'Chalav. Although our Girsa cites this opinion in the name of Rebbi Shimon bar Yehudah and "Rebbi Shimon" refers to Rebbi Shimon bar Yochai, Rashi either had an alternate Girsa that cited Rebbi Shimon, or had Rebbi Shimon bar Yehudah quoting Rebbi Shimon (as the Gemara does in Chulin 116a — MESORES HA'SHAS to 57b).

8)[line 15]לאו דאורייתאLAV D'ORAISA- is not mid'Oraisa [but rather the result of a Rabbinic decree lest it be confused with disqualified Korbanos (see Background to 56:25)]

9)[line 16]ישרפוYISARFU- must be burned [and not buried]

10)[line 16]וכן חיה שנשחטה בעזרהV'CHEN CHAYAH SHE'NISHCHETAH BA'AZARAH- and the same applies to a Chayah that was slaughtered in the Azarah. Mid'Oraisa, Chulin slaughtered in the Azarah need not be burned; burial is enough. A disqualified Korban, however, must be burned. A Chayah may not be offered as a Korban. If both a Behemah and a Chayah that were slaughtered in the Azarah are Asur b'Hana'ah mid'Oraisa, it stands to reason that the Chachamim enacted a single decree that Chulin she'Nishchatu ba'Azarah must be burned lest a Behemah she'Nishchatah ba'Azarah be mistaken for a disqualified Korban. if, however, the very concept of Chulin she'Nishchatu ba'Azarah is mid'Rabanan in nature, then it would be unreasonable for the decree to include that which even a Chayah must be burned.

11)[line 18]פלגא אוקמינכי!PALAGA UKMINCHI!- the argumentative one (i.e., Mar Yehudah) set you against me!

12a)[line 20]טריפהTEREIFAH- an animal known to be a Tereifah [due to a wound that will cause it to die within the year]

b)[line 20]נמצאת טריפהNIMTZEIS TEREIFAH- an animal that was discovered to be a Tereifah [after it was slaughtered due to an internal wound that will cause it to die within the year]

13)[line 21]ר"ש מתיר בהנאהREBBI SHIMON MATIR B'HANA'AH - Rebbi Shimon permits deriving benefit (due to his opinion regarding whether or not a slaughter that does not enable an animal to be eaten is considered a slaughter) (SHECHITAH SHE'EINAH RE'UYAH SHMAH SHECHITAH / LO SHMAH SHECHITAH)

(a)An act of Shechitah (ritual slaughter) that does not permit the slaughtered animal to be eaten is termed a "Shechitah she'Einah Re'uyah." (An improperly performed Shechitah is not an act of Shechitah at all.)

(b)Such a situation is one in which one slaughtered an animal that is not kosher due to a condition that would have caused it to die within a year. Rebbi Meir rules that one who performs such a slaughter inside the Azarah has transgressed the sin of Chulin she'Nishchatu ba'Azarah. Although he performed a Shechitah she'Einah Re'uyah, it is still Halachically considered an act of slaughter regarding other Halachos. Rebbi Shimon maintains that since the slaughter does render the animal permissible to eat, it is not a Halachic slaughter, and the sin of Chulin she'Nishchatu ba'Azarah has not been transgressed (see Chulin 85a).

(c)This is not to be confused with a different type of Shechitah she'Einah Re'uyah, which refers to a proper act of Shechitah that does not complete a Mitzvah (see Background to 57:22).

14)[line 24]"[וְלֹא תָבִיא תוֹעֵבָה אֶל בֵּיתֶךָ] וְהָיִיתָ חֵרֶם כָּמֹהוּ; [שַׁקֵּץ תְּשַׁקְּצֶנּוּ וְתַעֵב תְּתַעֲבֶנּוּ כִּי חֵרֶם הוּא]""[V'LO SAVI SO'EVAH EL BEISECHA] V'HAYISAH CHEREM KAMOHU; [SHAKETZ TESHEKTZENU V'SA'EV TESA'AVENU KI CHEREM HU]"- "[And do not bring an abomination into your house] lest you become shunned like it; [loathe and detest it for it is shunned]" (Devarim 7:26). This verse refers to Avodah Zarah.

15)[line 24]כל שאתה מהייה הימנה הרי הוא כמוהוKOL SHE'ATAH MEHAYEH MIMENU HAREI HU K'MOSO- whatever you produce from it (i.e., that which you trade it for, such as money) attains the same status [of Isur Hana'ah]

16)[line 26]כל איסורים שבתורה שרוMICHLAL D'CHOL ISURIM SHEBE'TORAH SHARU- this implies that [that which one receives in return for] all other items that one is forbidden [to receive benefit from] by the Torah are permitted

17)[line 27]שביעיתSHEVI'IS - The Seventh Year

(a)One must desist from working the land every seventh year (Vayikra 25:1-7); this year is termed Shemitah or Shevi'is. Produce which grows during the seventh (Shevi'is) year is holy, which in this context means:

1.It is considered ownerless; anyone may enter a field and pick that which he wishes to eat.

2.It may not be bought and sold in a normal fashion (see Insights to Sukah 40:1).

3.It may be consumed only in the manner considered normal for that type of food, or burned to provide illumination in the case of oil. It may not be wasted, used for medicinal purposes, fed to animals, etc.

(b)The Yovel year follows every seven Shemitah cycles. The Chachamim understand that this fiftieth year stands alone and that the new Shemitah cycle begins the following year, whereas Rebbi Yehudah maintains that the Yovel year is the first year of the next seven-year Shemitah cycle as well. The Yovel year is observed only when all of the Shevatim live in Eretz Yisrael (Erchin 32b).

(c)All Halachos applicable to Shemitah produce apply also to that which grows during Yovel. Additionally, toward the beginning of the Yovel year, all Avadim Ivrim (Jewish slaves; see Background to Yevamos 104:9) are set free, and all properties sold in Eretz Yisrael since the previous Yovel return to the families to whom they belong as a Sedei Miknah (permanent inheritance; see Background to Gitin 48:9). OnYom ha'Kipurim at the onset of a Yovel year, Beis Din blow a Shofar to signal that all slaves are to be set free (Vayikra 25:8-24).

18)[line 28]כל שני כתובים הבאים כאחד אין מלמדיןKOL SHNEI KESUVIM HA'BA'IM K'ECHAD EIN MELAMDIN - We may Not Derive Halachos from Two Verses that Teach the Same Halachah

(a)In a Beraisa found in the introduction to the Sifra (the Halachic Midrash on Vayikra), Rebbi Yishmael lists the thirteen methodologies employed by Chazal when determining Halachah from the verses of the Torah. One of them is "Binyan Av." A Binyan Av — literally "building through a father" — refers to the establishment of a certain law in one area of the Torah, and then applying it to other comparable circumstances.

(b)If the Torah goes out of its way to establish an identical law in two different area of Halachah, however, then this law may not be applied in other areas. If we were meant to do so, then the Torah would have established the law once, leaving us to apply it as applicable through a Binyan Av. That which the Torah specified the law twice implies that it is meant to apply only in the instances where the Torah specifies it.

(c)Some Tana'im maintain that the same Halachah expressed twice does not imply that we should not learn from them that it should not apply elsewhere. Such reasoning is appropriate only when the same Halachah is stated in a minimum of three places (Sheloshah Kesuvim ha'Ba'im k'Echad Ein Melamdin).

19)[line 30]"[כִּי] יוֹבֵל הִוא; קֹדֶשׁ תִּהְיֶה לָכֶם...""[KI] YOVEL HI; KODESH TIHEYEH LACHEM..."- "[For] it is the Yovel year; it shall be holy to you..." (Vayikra 25:12). Although this verse refers to Yovel and not Shevi'is, our Gemara derives Halachos concerning Shemitah since the laws of Yovel and Shevi'is parallel each other in these areas (RITVA).

20)[line 31]תופס את דמיוTOFES ES DAMAV- lit. grabs hold of its money; i.e., its inherent Kedushah is transferred to the money used to redeem it

21)[line 35]בהוייתה תהאB'HAVAYASAH TEHEI- it shall remain in its current state

22)[line 36]מתבערים בשביעיתMISBA'ARIM BI'SHEVI'IS - they must be removed during Shevi'is [from one's home when they are no longer available in the fields] (BI'UR)

(a)Shemitah produce (see above, entry #17) may be stored only as long as that type of produce is available in the fields to wild animals (derived from Vayikra 25:7). When it is no longer available in the wild, Bi'ur must be performed on more than three meals' worth of such produce that one has in his house. Rishonim disagree over the meaning of this term:

1.The RAMBAM (Hilchos Shemitah 7:1-3) rules that one must destroy the produce (similar to Bi'ur Chametz — the destruction of Chametz).

2.TOSFOS (Pesachim 52b DH Misba'arin), the RAMBAN (Vayikra 25:7), and the RASH (Shevi'is 9:8) understand that one must remove all of the produce from storage, place it in a public domain, and declare it Hefker (ownerless) in front of three Jewish men. These men may be friends of the owner, even though he is certain that they will allow him to reclaim his produce from Hefker immediately following his declaration without attempting to claim it for themselves.

3.The RA'AVAD (Hilchos Shemitah 7:3) maintains that Bi'ur involves elements of both of the aforementioned opinions. When Shevi'is produce is no longer available in the area in which one lives, he must declare any all such produce in his possession to be Hefker or turn it over to Beis Din to distribute. When it is no longer available in that entire region of Eretz Yisrael (either Yehudah, Ever ha'Yarden, or the Galil), then it must be destroyed (see Insights to Pesachim 52:3).

23)[line 36]יצא בשר נכנסו דגיםYATZA BASAR NICHNESU DAGIM- the meat leaves [the Kedushah of Shevi'is] and the fish enter [the Kedushah of Shevi'is]

24)[line 38]אסורASUR- are forbidden [following the time of Bi'ur]

25)[line 39]למאן דאמר מלמדיןL'MAN D'AMAR MELAMDIN- according to he who rules that we are able to derive [from two verses, and it is only three that prevent us from doing so (see above, entry #18:c)]

26)[line 39]"כי חרם הוא""KI CHEREM HU"- see above, entry #14. The word "Hu" implies that the Halachah referred to applies only to the subject under discussion.

27)[line 41]תרומות ובמעשרותTERUMOS U'MA'ASROS - tithes separated from produce (HAFRASHAS TERUMOS U'MA'ASROS)

(a)After a crop is harvested and brought to the owner's house or yard, he must separate Terumah from the crop and give it to a Kohen. Terumah is one of the twenty-four Matnos Kehunah (gifts given to Kohanim by non-Kohanim). Although the Torah does not specify an amount that must be given, the Rabanan set the requirement at between one fortieth and one sixtieth of the total crop.

(b)Once Terumah has been separated from the produce, the first tithe must be separated. One tenth of the remaining produce is given to a Levi; this is known as Ma'aser Rishon. The Levi, in turn, must separate one tenth of his Ma'aser Rishon and give it to a Kohen (Bamidbar 18:26). This is called Terumas Ma'aser.

(c)Once Terumah Gedolah and Ma'aser Rishon have been separated from the crop, it is time to separate the second tithe. In the third and sixth years of the seven-year Shemitah cycle this tithe is called Ma'aser Ani, and it is given to the poor.

(d)During the first, second, fourth and fifth years of the seven-year Shemitah cycle, the second tithe is called Ma'aser Sheni. Ma'aser Sheni must be brought to Yerushalayim and eaten there while one is in a state of purity (Devarim 14:22-29).

(e)If it is impractical to bring the actual food to Yerushalayim, Ma'aser Sheni produce may be redeemed with money. This money receives the status of Ma'aser Sheni, and is then brought to Yerushalayim. In Yerushalayim the money is used to buy food, which in turn receives the Kedushah of Ma'aser Sheni and must be eaten b'Taharah in Yerushalayim.

(f)If the owner of the Ma'aser Sheni redeems his own Ma'aser, he must add a fifth of the total value (equal to a quarter of the original value) onto the money used; if someone else redeems it, he may do so with money equal to the value of the Ma'aser.

(g)Until Terumah and Ma'asros have been properly separated, the produce is termed "Tevel" and may not be eaten. The word "Tevel" means a mixture, and can be used to refer to any produce from which one must separate a part. If one intentionally eats Tevel, then he receives Misah b'Yedei Shamayim (see Background to Sukah 25:25).

28)[line 41]מתנותMATANOS - Priestly Gifts

(a)When one slaughters an unsanctified ox, sheep, or goat, he must give its Zero'a, Lechayayim, and Keivah to a Kohen (Devarim 18:3).

1.The Zero'a includes the two upper bones of an animal's right foreleg which extend from its knee until the top of its shoulder blade.

2.The Lechayayim consists of the lower jaw, which extends from the joint where it is attached to the upper jaw until the thyroid cartilage and includes the tongue.

3.The Keivah consists of the abomasum, which is the last of the four stomachs of a ruminator, along with its Chelev (surrounding fat). Kohanim customarily allow the owner of the animal to keep its Chelev. These gifts are among the twenty-four Matnos Kehunah (gifts given to Kohanim by non-Kohanim).

(b)Although one must give the Zero'a, Lechayayim and Keivah to a Kohen, they may be consumed by a non-Kohen.

29)[line 41]מי חטאת... אפר חטאתMEI CHATAS... EFER CHATAS - the purification-waters or ashes of the red heifer (PARAH)

(a)A Parah Adumah (also referred to as a Paras Chatas) is a red cow; if there are as many as two hairs of any other color it is not a Parah Adumah (see Maseches Parah 2:5). Only a cow that has never had a yoke placed upon it nor performed any other work is fit to be used as a Parah Adumah. A place is prepared for its slaughter on Har ha'Zeisim (also known as Har ha'Mishchah; "Mishchah" means oil), opposite the gate to the Azarah (the courtyard of the Beis ha'Mikdash). After it is slaughtered, its blood is sprinkled in the direction of the Beis ha'Mikdash seven times. Its carcass is then burned. A cedar branch, some Ezov (hyssop) branches, and a length of combed wool dyed crimson are thrown into the carcass of the cow as it is burning (Bamidbar 19:1-22).

(b)Should a person or utensil become Tamei by touching a Mes or being in the same room as a Mes (or a part of a Mes which is Metamei b'Ohel), he/it must wait seven days before he/it is able to immerse in a Mikvah in order to become Tahor. On the third and seventh days, Mei Chatas is sprinkled on the person or utensil. Mei Chatas is a mixture of ashes of a Parah Adumah and spring water. A person who is Tahor dips three bound Ezov branches into the mixture, using them to sprinkle Mei Chatas upon the person or utensil which is Tamei. After this process is complete, the person or utensil is immersed in a Mikvah. Once night falls, the purification process is complete (Bamidbar 19:17-19).

30)[line 42]אפילו ישראלAFILU YISRAEL- even a non-Kohen [who does not own the actual Terumah etc., but rather the right to decide which Kohen to give it to] (see next entry)

31)[line 42]טובת הנאה אינה ממוןTOVAS HANA'AH EINAH MAMON - The Rights to an Item do Not have Value

(a)"Tovas Hana'ah" refers not to the actual value of an item, but rather the value of the rights to that item.

(b)A common example of Tovas Hana'ah involves a non-Kohen who has not yet gifted a Kohen with Terumah that he has separated from his produce (see above, entry #27). Although he cannot keep the Terumah for himself, he holds the right to give it to a Kohen of his choosing. This right is termed Tovas Hana'ah.

(c)Another example of Tovas Hana'ah is that of a woman who wishes to sell the rights to her Kesuvah (see Background to Gitin 79:81). She gains the rights to collect her Kesuvah only if she is divorced or outlives her husband. The amount that one would be willing to speculate on the possibility of receiving the full value of the Kesuvah at a later date is termed Tovas Hana'ah.

(d)Our Gemara discusses whether Tovas Hana'ah is Halachically considered to have monetary value. If Tovas Hana'ah has no value, one would not be able to betroth a woman with it. (See also Insights).

32)[line 44]נפלו לו טבלים מבית אבי אמו כהןNAFLU LO TEVALIM MI'VEIS AVI IMO KOHEN- he inherited produce from which Terumos and Ma'asros had not yet been separated from his mother's father, who was a Kohen

33)[line 45]מתנות שלא הורמו כמי שהורמו דמייןMATANOS SHE'LO HURMU K'MI SHE'HURMU DAMYAN - Whether or Not Gifts that have Not Yet been Separated are Halachically Considered Separate

(a)Tana'im disagree over whether Terumos, Ma'asros, and other Matnos Kehunah (priestly gifts) that have not yet been separated (i.e., they are in a state of Tevel) are Halachically considered separate or not.

(b)Rebbi rules that until their owner designates them, they do not yet exist in their eventual form. Therefore, even if a Kohen, for example, attempts to acquire Terumah by performing a Kinyan (act of acquisition; see Background to 44:31b) on Tevel, he has accomplished nothing. Rebbi Yosi maintains that they exist somewhere in the mixture in an unidentified state. A Kohen may therefore acquire Terumah by performing a Kinyan on Tevel (Nedarim 85a).

(c)Ula maintains that the case referred to in our Mishnah is one in which a Yisrael received Tevel as in inheritance from his grandfather the Kohen. The Tana of our Mishnah wishes to teach that he agrees with Rebbi Yosi, and the Kohen had acquired the Terumah within the Tevel before his death. Therefore, his grandson owns the Terumah completely. Although he may not consume it, he may sell it to a Kohen or betroth a woman with it.

34)[line 46]תניתוהTENISUHA- we learned [the answer to your question] in a Mishnah


35)[line 1]הוצאה אתHOTZA'AH AT- (Rebbi Chiya bar Avin understood this to mean) a) you are removed [from the true understanding of the Mishnah]!; b) according to the reading HUTZA'AH AT - you [have read the Mishnah like an] ignorant reed-cutter!

36)[line 1]איכסיף(ICHSIF)- (he was embarrassed)

37)[line 1]הוא סבר משמעתא קאמר ליהHU SAVAR MI'SHEMAITA KA'AMAR LEI- [Rebbi Chiya bar Avin] understood that [Rav Huna] was referring to his lack of proper understanding

38a)[line 2]הכי קאמינאHACHI KA'AMINA- this is what I meant

b)[line 2]רב אסי דהוצל קאי כותיךRAV ASI D'HUTZAL KA'I KAVASEICH- Rav Asi from Hutzal (a city in Bavel located between Sura and Neharde'a) interpreted [the Mishnah] as you [did]

39)[line 3]נימא כתנאיNEIMA K'TANA'EI- let us say that [whether or not Tovas Hana'ah is Halachically considered to have monetary value] is the subject of a Tana'ic dispute

40)[line 6]מר סבר טובת הנאה ממוןMAR SAVAR TOVAS HANA'AH MAMON- [Rebbi] is of the opinion that Tovas Hana'ah does have monetary value [and the thief must therefore pay the Yisrael for even the Tovas Hana'ah of the Terumos and Ma'asros that he stole]

41)[line 7]ומר סבר טובת הנאה אינה ממוןU'MAR SAVAR TOVAS HANA'AH EINAH MAMON- whereas [Rebbi Yosi] is of the opinion that Tovas Hana'ah does not have monetary value [and the thief therefore need not pay the Yisrael for the value of the Terumos and Ma'asros that he stole, since they do not belong to him]

42)[line 10]כהןKOHEN- Although mid'Oraisa, Ma'aser Rishon is given to a Levi, Ezra ha'Sofer fined Shevet Levi when most of them did not return to Eretz Yisrael for the building of the second Beis ha'Mikdash (see 69b and Yevamos 86b). From that point and onward, the Kohanim received Ma'aser along with Terumah.

43)[line 14]הכא בדשמואל קמיפלגיHACHA BED'SHMUEL KA'MIPALGEI- their disagreement recorded here is whether or not the following statement of Shmuel is correct. At this point, the Gemara rescinds the suggestion that the case under discussion is one in which a Yisrael inherited Tevel from his grandfather the Kohen. The reason why it was necessary for the Gemara to explain that everyone agrees that Matanos she'Lo Hurmu k'Mi she'Hurmu Damyan is that if not, there would be no way to explain our Mishnah since we are operating upon the assumption that Tovas Hana'ah is not Mamon.

44)[line 15]חיטה אחת פוטרת את הכריCHITAH ACHAS POTERES ES HA'KRI- [mid'Oraisa] a single kernel of wheat exempts the entire pile [of wheat from Terumah (see above #27), and therefore the original owner is able to claim that (nearly) all of the stolen produce belongs to him]. According to this explanation, this Machlokes does not relate to Ma'aser.

45)[line 18]קנסוהו רבנן לגנבKANSUHU RABANAN L'GANAV - the Sages fined the thief (although he stole money that no individual can claim) (MAMON SHE'EIN ALAV TOV'IN)

(a)That which must be given to any one of a large group, such as any of the twenty-four Matnos Kehunah (priestly gifts) which must be given to an Kohen, or Ma'asros which must be given to either Leviyim or the poor (see above, entry #27), is in the category of Mamon she'Ein Lo Tov'in. This means that while the owner has an obligation to give the Matanah, no single individual may claim it in court. This is because the owner can always claim that he will give it to another individual in the group.

(b)For this reason, if one damages or steals Mamon she'Ein Lo Tov'in, he cannot be obligated by Beis Din to pay. One will be held responsible in heaven for his action if he does not make reparations, however.

(c)Our Gemara suggests that Rebbi maintains that the Chachamim fined a thief who stole Terumah. Although he is not responsible according to the letter of the law since it is Mamon she'Ein Lo Tov'in, they did not wish him to benefit from his sin.

46)[line 19]לא איבעי ליה לשהויה לטיבליהLO IBA'I LEI LI'SHEHUYEI L'TIVLEI- he should not have left his produce in a state of Tevel [for any period whatsoever]

47)[line 21]הנוטל שכר לדוןHA'NOTEL SECHAR LA'DUN- one who charges a fee to rendering judgment

48a)[line 22]להזותL'HAZOS- to sprinkle Mei Chatas

b)[line 22]לקדשL'KADESH- to mix the ashes of a Parah Adumah with spring water

49a)[line 22]מימיו מי מערהMEIMAV MEI ME'ARAH- [the] water [that] he [mixed with ashes of a Parah Adumah] is [declared invalid mid'Rabanan as if it were] cave water [which is a) foul smelling and therefore unfit for use in Mei Chatas (RASHI); b) not spring water (TOSFOS DH Meimav)]

b)[line 23]ואפרו אפר מקלהVA'AFARO EFER MAKLEH- and [the] ashes [of a Parah Adumah that] he [mixed with spring water] are [declared invalid mid'Rabanan as if they were] regular ashes found in stoves and ovens

50)[line 23]כאן בשכר הבאה ומילויKAN BI'SECHAR HAVA'AH U'MILUY- here [in our Mishnah the case is one] in which [he betroths her] with the value of that which he brings [the ashes to her] and fills [the container with spring water, which are not part of the Mitzvah] (see Insights)


51)[line 27]האומר לחבירו, "צא וקדש לי אשה פלונית"HA'OMER L'CHAVEIRO, "TZEI V'KADESH LI ISHAH PELONIS" - one who says to his fellow, "go out [as my agent] and betroth so-and so on my behalf" (SHELICHUS)

(a)One may perform a Ma'aseh Kinyan (act of acquisition or an act that results in a change in status) such as the purchase or sale of an object, marriage, or divorce through a Shali'ach (agent). This entails appointing the Shali'ach to act on his behalf with regard to that matter. Chazal explain that "Shelucho Shel Adam k'Moso" — "One's agent is like himself" (Mishnah, Berachos 34b). This means that any actions taken by the Shali'ach that fall within the realm of his appointment are considered to have been taken by the one who sent him.

(b)In the case of Kidushin, one need not hand the money or document directly to she whom he wishes to betroth. He may appoint a Shali'ach to bring the Kidushin to her and betroth her in his stead. Such a Shali'ach is termed a "Shali'ach l'Holachah." A woman may also appoint a "Shali'ach l'Kabalah" to receive Kidushin from he who wishes to betroth her (or his Shali'ach). In the case of a Shali'ach l'Kabalah, she is betrothed as soon as her Shali'ach receives the Kidushin.

52)[line 29]בת ישראל לכהן, תאכל בתרומהBAS YISRA'EL L'CHOHEN, TOCHAL BI'TERUMAH - [in the case of] the daughter of a Yisrael who is marrying a Kohen, she may eat Terumah (TERUMAH GEDOLAH)

(a)Terumah (see above, entry #27) must be eaten by Kohanim or their wives, unmarried daughters, and Nochri slaves, when they are Tehorim. If the wife of a Kohen is not herself the daughter of a Kohen, she may eat Terumah only as long as her husband or at least one of their joint descendants is alive (Vayikra 22:11, Bamidbar 18:11; see Nidah 44a).

(b)Our Mishnah teaches that if one betrothed a woman with the stipulation that it not take effect until after thirty days had passed and then another betrothed her within those thirty days, she is married fully to the second one such that if he is a Kohen she may eat Terumah (even if the first man was not a Kohen).

53)[line 30]"מעכשיו ולאחר שלשים יום""ME'ACHSHAV UL'ACHAR SHELOSHIM YOM"- [if one betrothed a woman and added the words,] "from now and after thirty days have passed"

54)[line 30]מקודשת ואינה מקודשתMEKUDESHES V'EINAH MEKUDESHES- she is betrothed and she is not betrothed; i.e., we are in doubt as to which of the two men she is married

55)[line 31]בת כהן לישראלBAS KOHEN L'YISRAEL LO TOCHAL BI'TERUMAH- [if she is] the daughter of a Kohen [who may or may not be married] to a Yisrael she may not eat Terumah [since she may be married to him (see above, entry #52)]

56)[line 32]רמאותRAMA'US- guile

57)[last line]ותנא דידן?V'TANA DIDAN?- and [what is the opinion of] the author of our Mishnah?

58)[last line]הלך ברמאותHALACH B'RAMA'US- [implies that] "he went" in a sly manner

59)[last line]האומר לחבירוHA'OMER L'CHAVEIRO- "one who requested from his friend " [which implies that the Shali'ach had been on his way in any case, and was not embarking on his mission for the express purpose of fulfilling the request of the Meshale'ach]