KIDUSHIN 66 - Ari Kornfeld has generously sponsored the Dafyomi publications for this Daf for the benefit of Klal Yisrael.

[66a - 57 lines; 66b - 51 lines]

1)[line 1]נרבעNIRBA - an animal that had relations with a [male] human (ROVE'A V'NIRBA)

(a)A Rove'a or a Nirba is an animal that had relations with a human (Vayikra 20:15-16; Sanhedrin 2a). These animals are put to death (Shor ha'Niskal - see next entry, (c-d)) so that they should not cause other people to sin in a similar manner, and in order not to cause disgrace to the sinner by reminding all who see these animals of the sin that was done with them (Sanhedrin 54a).

(b)In the instance of a Rove'a and a Nirba, only if two witnesses saw the act is the animal stoned by Beis Din and Asur b'Hana'ah. If only one witness saw it, or if there were no witnesses but the owner told Beis Din of the incident, the animal is not stoned and is Mutar b'Hana'ah but is unfit to be brought as a Korban.

2)[line 2]ושהמית על פי עד אחד או על פי הבעליםV'SHE'HEMIS AL PI ED ECHAD O AL PI HA'BE'ALIM - an animal that killed a person (SHOR HA'NISKAL / KOFER)

(a)SHOR HA'MU'AD - An ox that gores two times is referred to as a Tam. The owner only pays half the value of the damages that his ox causes through goring. If the ox gored three times and the owner was informed and warned to guard his ox each time, the ox is termed a Mu'ad and from then on the owner has to pay the full value of the damages that his ox causes through goring.

(b)CHIYUV KOFER - If a person's Shor ha'Mu'ad kills another person, the owner of the ox is Chayav Misah b'Yedei Shamayim. He can redeem himself by paying Kofer to the children or heirs of the dead man, as the verse states, "v'Im Kofer Yushas Alav, v'Nasan Pidyon Nafsho" (Shemos 21:30). The amount paid as Kofer is defined as either the owner's value, or the dead man's value, according to the various opinions of the Tana'im (Makos 2b). If the ox kills a slave, the Kofer is 30 Sela'im and it is paid to the slave's owner.

(c)SHOR HA'NISKAL - The term Shor ha'Niskal refers to any animal or bird that is stoned to death by Beis Din. Such an animal is Asur b'Hana'ah after the death sentence is issued. One of the instances of Shor ha'Niskal is an animal that killed a person (Shemos 21:28-31; Sanhedrin 2a).

(d)In the event that an animal killed a person, only if two witnesses saw the act is the animal stoned by Beis Din and Asur b'Hana'ah. If only one witness saw it, or if there were no witnesses but the owner told Beis Din of the incident, the animal is not stoned and is Mutar b'Hana'ah but is unfit to be brought as a Korban.

3)[line 7]חולין בעזרהCHULIN BA'AZARAH

It is forbidden to slaughter animals in the Azarah other than Korbanos, as we learn from the verse, "Since the place chosen by HaSh-m is far... you need only slaughter..." (Devarim 12:21). Chazal learn from this verse that we may only slaughter Chulin outside of the Azarah of the Beis ha'Mikdash. If an unsanctified animal is slaughtered inside the Azarah, it becomes Asur b'Hana'ah.

4)[line 15]ואין דבר שבערוה פחות משניםV'EIN DAVAR SHEB'ERVAH PACHOS MI'SHNAYIM

Testimony concerning matters of "Ervah" (such as marriage and divorce) cannot be rendered with less than two witnesses.

5)[line 16]סמיאSAMYA- a blind person

6)[line 26]לכוחליתKOCHALIS- the name of a country in the desert (RASHI), possibly modern-day Southern Jordan (Arial - Encyclopaedia li'Ydi'as Eretz Yisrael by Ze'ev Vilna'i, Tel Aviv 1977, Vol. IV, p. 3522)

7)[line 29]מלוחיםMALUCHIM- a type of cheap vegetable; Atriplex halimus - a perennial desert shrub, the fibrous leaves of which are boiled and eaten as a vegetable

8)[line 36]הקם להם בציץ שבין עיניךHAKEM LAHEM BA'TZITZ SHE'BEIN EINECHA- make them stand up by donning the Tzitz between your eyes (that is, show them that you consider yourself to be the Kohen Gadol, and see what their response is)

9)[line 46]רומסםROMSAM- kill them

10)[line 49]אפיקורסותAPIKORSUS- heresy

11)[line 55]מאי חזית דסמכת אהני, סמוך אהניMAI CHAZIS D'SAMACHT A'HANEI, SEMOCH A'HANEI- what do you see that made you rely on these [witnesses, who say that Yanai's mother was not captured]? Rely on these [witnesses, who say that she was captured]!

12)[line 56]בעדי הזמהEDEI HAZAMAH (EIDIM ZOMEMIM)

If two witnesses testify to a crime and a later set of witnesses disqualify their testimony by saying that the first set of witnesses were with them in a different place at the time the first set of witnesses claim the act took place, the first witnesses are termed Edim Zomemin. The Torah commands that the second set of witnesses be believed, rather than the first. In general, they are punished with the punishment they tried to cause (Devarim 19:16-21). See MISHNAH Makos 5a.

13)[last line]שפחה הכניסו תחתיהSHIFCHAH HICHNISU TACHTEHA- they (the Jews who rescued Yanai's mother from her captors) clandestinely brought in a maidservant in her place

66b----------------------------------------66b

14)[line 2]במגורה של דסקיםMEGURAH SHEL DISKIM- a pool of water of Diskim; Diskim was either the name of a person who lived in Yavneh, or the name of a suburb in Yavneh (RASHI)

15)[line 5]מקוהMIKVAH

(a)Rainwater (Notfin) that is collected in a cavity (b'Ashboren) purifies a person or vessel that had become Tamei; as the verse states that a "Mikveh Mayim" (an accumulation of water) purifies (Vayikra 11:36). While the rainwater is flowing (down a slope, for example,) it cannot be Metaher.

(b)There must be at least 40 Se'ah of rainwater in a Mikvah in order for it to be Metaher, which is approximately equal to 288, 331.78 or 576 liters, depending upon the differing Halachic opinions.

16)[line 11]בן גרושה או בן חלוצהBEN GERUSHAH O BEN CHALUTZAH (CHALAL)

(a)The Torah (Vayikra 21:14) commands a Kohen Gadol not to marry a widow (Almanah), divorcee (Gerushah), prostitute ("Zonah" - see Background to Gitin 79:22) or Chalalah. An ordinary Kohen (Hedyot) is permitted to marry a widow, but not any of the other women listed above. The child from one of the above-mentioned unions is invalidated from the Kehunah, and is called a "Chalal." The Rabanan also prohibited all Kohanim from marrying a Chalutzah (see Background to Gitin 80:4), and made the children of a Kohen from a Chalutzah Chalalim mid'Rabanan.

(b)A Chalal may not serve in the Beis ha'Mikdash, and according to some sources he is Chayav Misah b'Yedei Shamayim if he does (MINCHAS CHINUCH 275:5). A Chalal does not eat Terumah or the Kodshim reserved for Kohanim (Terumos 8:1), and is not restricted with regard to the women that he is allowed to marry. Chalalim are not prohibited from coming into contact with corpses. Chalalim are not considered Kohanim with regard to the other privileges and restrictions pertaining to Kohanim, as well.

(c)A widow, divorcee, or prostitute who has relations with a Kohen Gadol, and a divorcee or prostitute who has relations with a regular Kohen, becomes a "Chalalah." Female children born through such a union are also Chalalos. Also, any Jewish woman who has relations with a Chalal becomes a Chalalah (even though she is permitted to have relations with him).

(d)A Chalalah is prohibited to marry a Kohen. If she does marry (and have relations with) a Kohen, the Chalalah and the Kohen are punished with Malkos. A Chalalah may not eat Terumah. Although a Jewish woman who has living children from a Kohen normally eats Terumah, if she becomes a Chalalah she may no longer eat Terumah. Similarly, although the daughter of a Kohen normally eats Terumah until she becomes married to a non-Kohen, if she becomes a Chalalah she may no longer eat Terumah (Yevamos 69a).

(e)There is a Mitzvas Aseh for a Kohen Gadol to marry a Besulah (Vayikra 21:13). If he transgresses this Aseh and marries a Be'ulah (who is not an Almanah), the Tana'im argue as to whether the woman becomes a Chalalah and whether the child is a Chalal.

17)[line 13]לבעל 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 (Vayikra 21:16-24), 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 (Vayikra 22:20-25);

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)

18)[line 32]שַׁלַּח אחויSHALACH ACHAVI- throw off [your garments], and show [us whether or not you are a Ba'al Mum]

19)[line 37]"והיתה לו ולזרעו אחריו [ברית כהנת עולם]""V'HAYESAH LO UL'ZAR'O ACHARAV [BRIS KEHUNAS OLAM]"- "And it will be to him and to his children after him [an everlasting covenant of Kehunah]" (Bamidbar 25:13).

20)[line 39]"[ישימו קטורה באפך וכליל על מזבחך]. ברך ה' חילו ופעל ידיו תרצה...""[YASIMU KETORAH B'APECHA, V'CHALIL AL MIZBECHECHA.] BARECH HASH-M CHEILO, U'FO'AL YADAV TIRTZEH..."- "[They shall place incense in Your presence and cause sacrifices to be consumed on Your altar.] HaSh-m, bless his wealth, and favor the work of his hands..." (Devarim 33:10-11) - Avuha di'Shmuel takes the word "Cheilo" as a hint to the profaned descendants of the Kehunah (Chalalim).

21)[line 40]"ובאת אל הכהן אשר יהיה בימים ההם""U'VASA EL HA'KOHEN ASHER YIHEYEH BA'YAMIM HA'HEM"- "And you shall come to the Kohen who will be in those days" (Devarim 26:3).

22)[line 45]וי''ו ד''שלום'' קטיעה היאVAV D'SHALOM KETI'AH HI- the letter Vav in the word "Shalom" (Bamidbar 25:12) is severed (it is written with a slight break in its leg)

23)[line 47]אלמנה לכהן גדול גרושה וחלוצה לכהן הדיוטALMANAH L'CHOHEN GADOL, GERUSHAH V'CHALUTZAH L'CHOHEN HEDYOT- see above, #16-a

24)[line 48]ממזרתMAMZERES

(a)There are prohibited marital relations that invalidate the ensuing offspring and render them Mamzerim. The Tana'im argue as to the nature of these prohibited relations. According to Rebbi Yehoshua, they must be relations that are punishable by Misas Beis Din (see Background to Kidushin 32:16). Rebbi Shimon ha'Timni rules that all relations that are punishable by Kares, even if they are not punishable by Misas Beis Din, produce a Mamzer (fem. Mamzeres). According to Rebbi Akiva, even relations that are prohibited by a Lav produce a Mamzer (Yevamos 49a). Other Tana'im argue regarding the opinion of Rebbi Akiva. There are those who assert that he rules that only relations prohibited by a Lav produce a Mamzer. Others hold that even those prohibited by an Aseh produce a Mamzer (except for a Kohen Gadol who has relations with a non-virgin - Kesuvos 30a). The Halachah follows the opinion of Rebbi Shimon ha'Timni, that only relations punishable by Kares produce a Mamzer (Yevamos ibid.)

(b)A Mamzer is prohibited to marry into the community of HaSh-m, that is, Jewish people of unsullied lineage (Devarim 23:3). He may, however, marry a Mamzeres and a Giyores (MISHNAH Kidushin 69a). The Tana'im and Amora'im argue as to whether a Safek Mamzer is prohibited mid'Oraisa to marry both a Mamzeres and a Jewess of unsullied lineage, because of the doubt, or whether he is permitted mid'Oraisa to marry either of them, since he is not included in the category of Mamzer that the Torah prohibited (Yevamos 37a, Kidushin 73a, 74a).

25)[line 48]ונתינהNESINAH/NESIN

(a)In the times of Yehoshua, the Giv'onim (a people of the Chivi, one of the seven nations whom the Jewish People were commanded to destroy upon entering Eretz Yisrael) came and presented themselves before Yehoshua as if they came from a far-off land. Since they claimed not to be residents of Eretz Yisrael, they requested to be converted and to make peace with the Jewish people. After Yehoshua agreed to accept them, it was discovered that they were one of the seven prohibited nations. Having already accepted them, Yehoshua did not want to break his oath and covenant with them (even though they tricked him and the oath was uttered in error) so as not to cause a Chilul HaSh-m (a desecration of HaSh-m's Name). Yehoshua accepted them and appointed them to be woodchoppers and water drawers to supply the needs for the sacrificial service on the Mizbe'ach (Yehoshua 9:3-27). Earlier, in the times of Moshe Rabeinu, Giv'onim also came to be converted as they did in the times of Yehoshua, and Moshe also made them woodchoppers and water drawers. (This incident is not written explicitly. It is stated in the Gemara Yevamos 79a, and is based on the verse in Devarim 29:10.) These people became known as "Nesinim," (from the root "Nasan," to give) since they were "given over" by Moshe and Yehoshua ("va'Yitenem..." - "And he appointed them..."; Yehoshua 9:27) to perform the tasks of chopping wood and drawing water.

(b)A Nesin is prohibited to marry into the community of HaSh-m, that is, Jewish people of unsullied lineage. RASHI and TOSFOS (Kesuvos 29a and elsewhere) argue as to whether they are prohibited mid'Oraisa or mid'Rabanan. We find that the Gemara (Yevamos 79a) states that Moshe Rabeinu "decreed" regarding the Nesinim of his generation, and Yehoshua extended the "decree" to last as long as the Mishkan or Beis ha'Mikdash would stand. David ha'Melech later extended the "decree" to include all time, even if the Beis ha'Mikdash would be destroyed (because of the trait of cruelty that the Nesinim exhibited, which showed that they were not worthy of uniting with the descendants of Avraham, Yitzchak, and Yakov). According to Rashi, these decrees were prohibitions against marriage, and as such the prohibition against marrying Nesinim is an Isur mid'Rabanan. According to Tosfos, these decrees were appointments of servitude. The prohibition against marrying them, though, is mid'Oraisa, since the Torah commands against marrying the seven prohibited nations even if they convert to Judaism (Yevamos 76a).

26)[line 50]שפחהSHIFCHAH (SHIFCHAH KENA'ANIS)

(a)A Kena'ani (i.e. Nochri) slave or maidservant is forbidden to marry into the Jewish people until he or she is freed. The verse states, "Lo Siheyeh Kedeshah mi'Benos Yisrael," which the Targum translates as, "An Israelite woman may not be married to a slave" (Devarim 23:18; see RAMBAM Hilchos Isurei Bi'ah 12:13).

(b)The child born to a Shifchah from a Yisrael has the status of an Eved Kena'ani.

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