KIDUSHIN 59 (1 Iyar) - Dedicated by Ari Friedman and family of Lawrence, N.Y., l'Iluy Nishmas Ari's father, Reb Yakov Yosef ben Rav Nosson Neta Z'L Friedman in honor of the Yahrzeit. Jack Friedman exemplified true Ahavas Yisrael and Ahavas Chesed; may he be a Melitz Yosher for his children and grandchildren and for all of Klal Israel.

[59a - 52 lines; 59b - 52 lines]

1)[line 1]האומר לשלוחוHA'OMER LI'SHELUCHO- "if one requested from his agent [to betroth or divorce a woman for him in a certain place and he did so in another, she is not betrothed / divorced]" (50a) [which implies that the Shali'ach was embarking on his mission for the express purpose of fulfilling the request of the Meshale'ach]

2)[line 2]רבותאRABUSA- an extra [teaching]

3a)[line 4]שלוחו הוא דהוי רמאיSHELUCHO HU D'HAVI RAMAI- [only] one who set out for the express purpose of acting as an agent is guilty of acting slyly [when he marries the woman himself]

b)[line 4]סמכה דעתיהSAMCHAH DAITEI- [the one who sent him] relies upon him

4)[line 9]סבר לא טרחSAVAR LO TARACH- [the Meshale'ach] figured that he would not bother [to follow her to a [place other than the one specified, and he therefore did not intend to appoint him as an agent to do so anywhere else]

5)[line 10]מראה מקום הוא לוMAR'EH MAKOM HU LO- he was merely giving him an example [of the way in which he would be able to betroth or divorce her]

6)[line 10]רבין חסידאRAVIN CHASIDA- Ravin the Pious (the Girsa of the ARUCH is Rav Amram the Pious)

7)[line 11]איתתא לבריהITESA L'VREI- a woman to his son

8)[line 13]לא יהבוה ניהליהLO YAHAVUHA NIHALEI- [the family] had refused to give her [hand in marriage] to [his son]

9)[line 14]איבעי ליה לאודועיIBA'I LEI L'ODO'EI- [Ravin Chasida] ought to have informed [his son of the situation before marrying her himself, so as to have acted in a manner far removed from slyness]

10)[line 14]אדהכי והכיAD'HACHI V'HACHI- in the interim (i.e., during the time that it would have taken to have informed his son and return)

11)[line 16]יהיב ליה זוזיYAHIV LEI ZUZEI- gave him money [to act as his agent]

12)[line 16]זבנה ניהלי להאי ארעאZAVNAH NIHALI L'HAI AR'A- purchase that parcel of land for me

13)[line 17]אזלAZAL- [Rav] went

14)[line 18]באגא דאלימי הוה ליהBA'AGA D'ALIMEI HAVAH (LEI)- [the field was in] a valley belonging to powerful people [who would not agreeable to sell their fields to just antone and were too strong to be coerced]

15)[line 22]הוה מהפיך בההיא ארעאHAVAH MEHAPICH BEHA'HI AR'A- was looking into [purchasing] a certain parcel of land

16)[line 24]קבליהKABLEI- he complained

17)[line 25]המתן עד שיעלה אצלנו לרגלHAMTEN AD SHE'YA'ALEH ETZLENU L'REGEL- wait until [Rebbi Aba] ascends to join us for the festival (when it is customary to visit one's Rebbi)

18)[line 26]כי סליק, אשכחיהKI SALIK, ASHKECHEI- when [Rebbi Aba] went up, [Rav Yitzchak Nafcha] found him

19)[line 26]עני מהפך בחררהANI MEHAPECH B'CHARARAH- if a poor man is looking into [a) acquiring from Hefker (an ownerless state) (RASHI, first explanation); b) purchasing (RASHI, second explanation; RABEINU TAM cited by TOSFOS DH Ani) a flat cake baked on coals

20)[line 29]השתא נמי ניתבה ניהליה מרHASHTA NAMI NEISVAH NIHALEI MAR- (Rav Yitzchak Nafcha suggested) now Mar (a third-person term of respect) should give (i.e., sell) it to him

21a)[line 30]זבוני לא מזבנינא להZEVUNEI LO MEZAVNINA LAH- I will not sell it

b)[line 31]דארעא קמייתא היאD'AR'A KAMAISA HI- for it is the first parcel of land [that I have ever purchased]

c)[line 31]ולא מסמנא מילתאV'LO MESAMNA MILSA- and it is not a good omen [to sell the first object that one has purchased]

22)[line 32]אי בעי, במתנה נישקליהIY BA'I, B'MATANAH NISHKELEI- if he wishes, he may take it as a present

23)[line 32]לא נחית להLO NACHIS LAH- did not descend to it; i.e., he did not accept ownership

24)[line 35]מיתקריא ארעא דרבנןMISKARYA AR'A D'RABANAN- it is called "the Land of the Rabanan" [since it is utilized to grow food to support Yeshiva students]

25)[line 39]נתאכלו המעותNISAKLU HA'MA'OS- the money [given for Kidushin] has been used up (i.e., spent)

26a)[line 39]לא למלוה דמוLO L'MILVEH DAMU- are not comparable to an outstanding loan [which is not effective in betrothing a woman (47a)]

b)[line 40]ולא לפקדון דמוV'LO L'PIKADON DAMU- and they are not comparable to collateral [which, if held by the woman whom one wishes to betroth, is effective in betrothing a woman only if she holds at least the value of a Perutah at the time (47a)]

27)[line 41]ברשותא דמרא קא מתאכליBI'RESHUSA D'MARA KA MIS'AKLI- [if it has been stolen or lost] it was used up while in the domain of its owner (in this case, the Mekadesh)

28)[line 42]מלוה להוצאה ניתנהMILVEH L'HOTZA'AH NITNA- a loan is extended [upon the understanding] that the money will be spent [and other money will be used to repay it, and therefore it is no longer in the domain of the lender from the moment that it is accepted by the borrower]

29)[line 43]בתורת קידושין יהבינהו ניהלהB'TORAS KIDUSHIN YAHAVINHU NIHALA- [the coins] were given for the express purpose of betrothal (see Insights)

30)[line 43]חזרה בהCHAZRAH BAH- she changed her mind [within the thirty days]

31)[line 44]אתי דיבור ומבטל דיבורASI DIBUR U'MEVATEL DIBUR- speech (namely, her retraction of her willingness to be betrothed) is able to nullify speech (namely, her previous acceptance of his betrothal)

32)[line 45]ביטלBITEL- if one cancelled [an agent whom he had previously appointed to separated Terumah (see above, entry #27) on his behalf]

33)[line 47]כי מעשה דמוKI MA'ASEH DAMU- it is akin to an action [since it will flower into a full-fledged Kidushin in thirty days]

34)[line 48]גטGET- a divorce document

35)[line 48]הגיע בשליחHIGI'A B'SHALI'ACH- he happened upon the Shali'ach

36)[line 50]כל כמה דלא מטא גיטא לידהKOL KAMAH D'LO MATA GITA L'YADAH- as long as she has not yet received the Get

37)[line 51]כל הכלים יורדין לידי טומאתן במחשבה, ואין עולים מידי טומאתן אלא בשינוי מעשהKOL HA'KELIM YORDIN LI'YEDEI TUM'ASAN B'MACHSHAVAH, V'EIN OLIM MI'YEDEI TUM'ASAN ELA B'SHINUY MA'ASEH - Vessels may Become Tamei through Thought, but only Lose this Designation through an Action (TUM'AH: GEMAR MELACHAH)

(a)All objects belong to one of three categories:

1.Sources of Tum'ah

2.Objects that can become Tamei

3.Objects that cannot become Tamei

(b)All sources of Tum'ah are called "Av ha'Tum'ah" (a father of Tum'ah), except for a corpse, which can generate more Tum'ah than any other object and is therefore referred to as the "Avi Avos ha'Tum'ah." All levels of Tum'ah below Av ha'Tum'ah are referred to as "Vlad ha'Tum'ah" (a 'child' of Tum'ah).

(c)When one object makes another object Tamei, the second object has a weaker Tum'ah than the first. If something becomes Tamei from an Av, it is called a Rishon l'Tum'ah. A Rishon makes a Sheni l'Tum'ah.

(d)Utensils, foods, and Jewish people, can become Tamei, as follows. (Other animate or inanimate objects cannot become Tamei.)

1.Utensils made from the metals listed in the Torah (Bamidbar 31:22), or from wood, leather, fibers produced from hair or plants, bone, and earthenware (Cheres), can become Tamei. All but earthenware can be either an Av ha'Tum'ah or a Rishon l'Tum'ah; earthenware can only be a Rishon l'Tum'ah (RASHI Eruvin 104b DH Lo).

2.Foods can only become a Rishon l'Tum'ah or lower.

3.Jewish people can become Avos ha'Tum'ah (by touching a corpse), an Av ha'Tum'ah, or a Rishon.

(e)A utensil or vessel is able to become Tamei (Huchshar l'Kabel Tum'ah) only if it is completed. It is the intention of the artisan who fashions it that determines when it has reached this stage. If a tanner, for example, wishes to create a tablecloth, then the piece of leather that he is working is Huchshar l'Kabel Tum'ah once it has been trimmed to the desired size. If he instead would like a pair of shoes, then the leather cannot become Tamei before the shoes are finished, even if it is at that stage suitable for use as a tablecloth.

(f)Once an article has reached its finished form based upon the designation of its designer, it cannot lose its status as easily as it had gained it. If its owner subsequently decides to further develop the item, it can still become Tamei even after its designation has changed. Only once an action that begins to transform the object has been taken can it once again be considered unfinished. For example, a leather tablecloth that is designated to be made into shoes retains its ability to become Tamei until it is first cut into as part of its redesign.

59b----------------------------------------59b

38a)[line 1]מעשה מוציא מיד מעשה ומיד מחשבהMA'ASEH MOTZI MI'YAD MA'ASEH UMI'YAD MACHSHAVAH- an action can change [the designation of a vessel that it had achieved] through [either] a [previous] action or a [previous] thought

b)[line 2]מחשבה אין מוציאה לא מיד מעשה ולא מיד מחשבהMACHSHAVAH EIN MOTZI'AH LO MI'YAD MA'ASEH V'LO MI'YAD MACHSHAVAH- whereas a thought cannot change [the designation of a vessel that it had achieved] through [either] a [previous] action or a [previous] thought

39)[line 3]לא אתי דיבור ומבטל מעשהLO ASI DIBUR U'MEVATEL MA'ASEH- speech (or, for that matter, thought) cannot nullify speech

40)[line 6]רמיRAMI- posed a contradiction

41)[line 7]כתיב "כי יתן" וקרינן "כי יותן"KSIV "KI YITEN" V'KRINAN "KI YUTAN" (HECHSHER OCHLIN L'TUM'AH)

(a)Food becomes Tamei when it comes into contact with a source of Tum'ah - but only if it had first come into contact with one of the seven liquids which enable food to become Tamei. From then on, even after it dries, it can still become Tamei. The seven liquids which enable food to become Tamei are water, dew, olive oil, wine, milk, blood, and bee's honey. This enabling process is termed "Hechsher".

(b)Food can become Tamei only if the owner of the food is pleased that his food became wet. This is derived from the verse (Vayikra 11:38) which describes the process as "v'Chi Yutan [Mayim Al Zera...]" - "And if water has been placed [upon seeds and then the dead body of a Sheretz fell upon them, the seeds are Tamei". The word "Yutan" ("has been placed") is spelled without a Vav, such that it appears to read "Yiten" ("he places")" From this we learn that when these liquids fall on the food it is considered Hechsher only if their presence is desirable to the owner of the food, as it is when he himself applies them.

(c)It is necessary only for the owner to desire the liquid; he need not desire that the liquid come into contact with the food. Therefore, even if the owner desired the liquid for an entirely different purpose and only at a later point did it come into contact with food, that liquid will enable the food to become Tamei. If, however, the owner intended to dispose of the liquid, then it will not enable the food to become Tamei, for such a liquid is not considered valuable.

42a)[line 8]מה "יתן" דניחא ליהMAH "YITEN" D'NEICHA LEI- just as "he places" [implies that] he is pleased [with the liquid]

b)[line 8]אף "יותן" דניחא ליהAF "YUTAN" D'NEICHA LEI- so too "has been placed" [must be that] he is pleased [with the liquid]

43)[line 9]להא שמעתתאL'HA SHEMAITA- this [Machlokes between Rebbi Yochanan and Reish Lakish]

44)[line 13]חזרה בהCHAZRAH BAH- she changed her mind [a) whether or not she notified her agent (RASHI); b) without notifying her agent (TOSFOS DH Lo)]

45)[line 20]כריוKIRYO- his pile of wheat

46)[line 32]אפילו בקמייתאAFILU B'KAMAISA- even in the first [ version of their Machlokes]

47)[line 35]מהו שיחזור ויגרש בוMAHU SHE'YACHZOR V'YEGARESH BO- what is the Halachah regarding reusing a Get to divorce [one's wife after he had sent it to her through a Shali'ach and then cancelled the Shali'ach before he had completed his mission]?

48)[line 36]חוזר ומגרש בוCHOZER U'MEGARESH BO- he may reuse it to divorce his wife at a later date. At this point our Gemara assumes that this is because his cancellation of the Shali'ach was not sufficiently powerful to nullify his original appointment.

49a)[line 37]נהי דבטליה מתורת שליחNEHI D'BATLEI MI'TORAS SHALI'ACH- it is true that he nullified the appointment of the agent

b)[line 37]מתורת גט לא בטליהMI'TORAS GET LO BATLEI- but he did not cancel the Get itself

50a)[line 39]פקעיPAK'EI- they go away

b)[line 39]גמריGAMREI- they conclude

51)[line 41]מר ארישא מתני לה וקשיא ליהMAR A'REISHA MASNI LAH V'KASHYA LEI- Mar (a third-person term of respect) learned [this disagreement] to be referring to the first case of our Mishnah and therefore found it difficult to understand

52a)[line 44]אי תנאה הואיIY TENA'AH HAVA'I- if [such a manner of speech] is a stipulation [in which case he intended for the Kidushin to take effect in thirty days' time retroactive to now]

b)[line 44]אי חזרה הואיIY CHAZARAH HAVA'I- or if it is a retraction [in which case his final statement demonstrated that he intended for the Kidushin to take effect only after thirty days had passed]

53)[line 45]ובפלוגתאUV'PELUGTA- and [this disagreement of Rav and Shmuel is] dependant upon the [following] disagreement

54)[line 45]מהיום ולאחר מיתהMEHA'YOM UL'ACHAR MISAH- (if one says to his wife) "[This is your Get] from today and after [my] death"

55)[line 45]גט ואינו גטGET V'EINO GET- it is a Get and it is not a Get; i.e., we are in doubt as to whether or not she is divorced [since we are unsure if he meant to add a stipulation or retract his original statement]

56a)[line 48]לרחוקה קאתיLI'RECHOKAH KA'ASI- he is coming to distance her [and therefore wishes to delay the divorce in order to gain time to repair his marriage]

b)[line 48]לקרובה קאתיLI'KEROVAH KA'ASI- he is coming to draw her close [and it is therefore reasonable to assume that he wishes to marry her as soon as possible]

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