[45a - 56 lines; 45b - 43 lines]

1)[line 2]éåí àçã áùðä çùåá ùðäYOM ECHAD BA'SHANAH CHASHUV SHANAH- the passage of the first day of a year is compared to the passage of a full year with regard to certain Halachos, since even one day is a significant period of time

2)[line 6]îéæì àæìé åàúåMEIZAL AZLEI V'ASU- (lit. they go away and come back) the Besulim of a girl who had relations before she became three years old grow back

3)[line 6]àúöåãé äåà ãìà îúöãé òã ìàçø ùìùITATZUDEI HU D'LO MITATZDEI AD L'ACHAR SHALOSH- they cannot be removed (lit. caught, trapped) until after she is three

4)[line 32]îåêMOCH- with a cloth or wads of soft substances such as combed wool, rag, etc. used during relations to prevent the woman from becoming pregnant

5)[line 34]ñðãìSANDAL- a fetus squashed by its twin and rendered unviable

6)[line 34]úâîåì àú áðäTIGMOL ES BNAH- [her milk supply will cease and] she will wean her son

7)[line 39]"ùåîø ôúàéí ä'""SHOMER PESAYIM HASH-M"- "HaSh-m is the One Who protects fools" (Tehilim 116:6)

8)[line 40]"àùø áùø çîåøéí áùøí""ASHER BESAR CHAMORIM BESARAM"- "whose flesh is the flesh of donkeys" (Yechezkel 23:20)

9)[line 41]"àùø ôéäí ãáø ùåà åéîéðí éîéï ù÷ø""ASHER PIHEM DIBER SHAV VI'YEMINAM YEMIN SHAKER."- "Whose mouths speak dishonesty and whose right hand is a right hand of falsehood." (Tehilim 144:8)

10)[line 47]âåòø (áä) [áí]GO'ER (BAH) [BAM]- he refuses them (the first two fingers stuck in honey)

11)[line 47]îööäMATZETZAH- he sucks it

12)[line 51]ìçãã áä àú äúìîéãéíL'CHADED BAH ES HA'TALMIDIM- [Rebbi Akiva made his statement to induce his students to question it and] to sharpen his students' scholarship

13)[line 53]ôåñì àú äáäîä îòì âáé äîæáçPOSEL ES HA'BEHEMAH ME'AL GABEI HA'MIZBE'ACH (NIRBA)

(a)See Background to Nidah 40:27.

(b)After a boy is nine years old, the act of bestiality that he performs with an animal makes that animal unfit to be brought as a Korban (in a case where only one witness saw it, or if no witnesses saw it but the owner told Beis Din of the incident, when the animal is not stoned and is Mutar b'Hana'ah).

14)[line 55]îàîøMA'AMAR

(a)If a married man dies childless, his widow may not marry whomever she pleases. She first must undergo Yibum (levirate marriage, that is, she must marry her dead husband's brother), as the Torah states in Devarim 25:5-10. The only way to perform Yibum mentioned in the Torah is through marital relations with her. Giving her money (Kidushei Kesef) or a document (Kidushei Shtar) does not achieve marital ties between them as it does with a woman who is not a Yevamah (Kidushin 4b). As RASHI writes (Yevamos 52a DH Nasan), it is impossible to effect Kidushin with one's brother's wife because Kidushin do not "take hold" ("Einam Tofsin") of an Ervah (see Insights to Yevamos 20:3).

(b)However, Chazal did enact a process called "Ma'amar" for a Yevamah, in which the Yavam can "effect Kidushin" with his Yevamah in a manner equivalent to Kidushei Kesef or Shtar in normal Kidushin. It is called Ma'amar since it is an institution of the Chachamim ("Ma'amar Chachamim" - HAGAHAH to SHULCHAN ARUCH Even ha'Ezer 170:2). They decreed that a Yavam should make "Kidushei Ma'amar" before he has relations with her for the sake of the Mitzvah of Yibum, for reasons of modesty (Yevamos 52a). Kidushei Ma'amar are like an introduction to the act of Yibum. If the Yavam decides not to go through with the Mitzvah of Yibum, he must give the Yevamah a Get (bill of divorce) to remove the status of Ma'amar. (The Gemara discusses whether this "Kidushin" is exactly similar to normal Kidushin, and may not be performed against the will of the woman, or if it is slightly similar to the Mitzvah of Yibum, and therefore may be preformed against her will - Yevamos 19b).

(c)Since Ma'amar does not effect a full acquisition of the Yevamah to become the wife of the Yavam as does Yibum, the bond of Zikas Yibum between them still exists. Therefore, if the Yavam wishes to divorce the Yevamah after Ma'amar, a Get is not enough; he must perform Chalitzah in order to render her free to marry whomever she pleases, besides divorcing her with a Get. Thus, if the Yavam wants to "divorce" the Ba'alas ha'Ma'amar before Yibum, he must both give her a Get and perform Chalitzah.

(d)A male less than nine years of age is not considered to be capable of having marital relations. When he reaches the age of nine, he is considered able to have relations for all Halachic considerations. At that stage, the Beraisa quoted in our Sugya records that Chazal treat the act of Yibum of a nine-year-old as the equivalent of Ma'amar of an adult, to the extent that in order to retract the Yibum of the nine-year-old, both a Get and Chalitzah are required.

(e)The Rishonim argue as to why the Yibum of a nine-year-old is only comparable to Ma'amar. According to some, mid'Oraisa the nine-year-old minor acquires a Yevamah through Yibum just like a fully mature man (except that the death sentence is not applied if his wife practices adultery - Kidushin 19a). Chazal decreed, though, that Yibum should be performed again when he becomes of age, and the Yibum that he performed as a minor is only given the status of Ma'amar (RASHI to Kidushin 19a). According to others (TOSFOS ibid.), a nine-year-old cannot acquire his Yevamah at all, mid'Oraisa. The Rabanan nevertheless decreed that his Yibum should be given the status of Ma'amar. (See Insights to Yevamos 39:2.)

15)[last line]æé÷úåZIKASO- his "connection" to the dead man's wife, which obligates Yibum or Chalitzah

45b----------------------------------------45b

16)[line 2]ðãøéä ðáã÷éïNEDAREHA NIVDAKIN- her vows are checked to determine if she realized that HaSh-m commanded the laws of Nedarim

17)[line 18]ìà éãòä ìäôìåúLO YAD'AH L'HAFLOS- she did not know the significance of Nedarim, that their laws were dictated by Hash-m

18)[line 22]çøéôà èôéCHARIFA TEFEI- are exceptionally wise, sharp

19)[line 26]"åéáï ä' àì÷éí àú äöìò [àùø ì÷ç îï äàãí ìàùä]""VA'YIVEN HASH-M ELOKIM ES HA'TZELA [ASHER LAKACH MIN HA'ADAM L'ISHAH]"- "And HaSh-m, the G-d, built the side [that He took from the man to be a woman]" (Bereishis 2:22)

20)[line 29]ù÷ìòäSHE'KAL'AH- that he braided her hair

21)[line 30]ëøëé äéíKERAKEI HA'YAM- fortified port cities

22)[line 30]÷åøéï ì÷ìòéúà áðééúàKORIN L'KAL'AYASA BINYASA- they call braids "Binyasa"

23)[line 32]òøîåîéúARMUMIS- wisdom, cunning

24)[line 32]úåê æîïTOCH ZMAN- "during the period of time" the twelfth year (from age eleven till age twelve) for girls and the thirteenth year (from age twelve until age thirteen) for boys

25)[line 35]úåê æîï ëìàçø æîïTOCH ZMAN KEL'ACHAR ZEMAN- that is, when two hairs grow during this period. According to this opinion, everything is dependent on the two hairs, and the age twelve years for girls and thirteen years for boys makes no difference. (However, according to everyone, if the hairs grew before the age of twelve for a boy and eleven for a girl, they are the result of a mole and are not pubic hair - Nidah 46a.)

26)[line 36]"[åæàú ìôðéí áéùøàì òì äâàåìä åòì äúîåøä ì÷éí ëì ãáø ùìó àéù ðòìå åðúï ìøòäå] åæàú äúòåãä áéùøàì""[V'ZOS LEFANIM B'YISRAEL AL HA'GE'ULAH V'AL HA'TEMURAH L'KAYEM KOL DAVAR; SHALAF ISH NA'ALO V'NASAN L'RE'EIHU], V'ZOS HA'TE'UDAH B'YISRAEL" - "[And this is what was formerly done in Yisrael in cases of redemption and exchange, transactions to validate any matter: one man would remove his shoe and give it to the other;] this was the process of ratification in Yisrael" (Rus 4:7) (BO'AZ ACQUIRES THE RIGHTS TO MARRY RUS FROM TOV)

(a)Rus made marriage to her dependent on the redemption of the property of her deceased husband, Machlon. Whoever would redeem the property would have the right to marry her.

(b)Whoever would marry Rus was considered to being an act of "Yibum." (It must be stressed that the term "Yibum" used in the Megilah of Rus does not mean the literal procedure of Yibum, because Rus had not yet converted when she married Machlon, and because Yibum is confined to the deceased brother (whereas Bo'az was her uncle). In that capacity, first rights to marry Rus went to Tov, the brother of Salmon and Elimelech (Machlon's father), but he declined so as not to stigmatize his family name (in the understanding that the prohibition against marrying a Moabite extended to Moabite women).

(c)Next in line was Bo'az, Salmon's son. The moment that Tov stepped down, Bo'az acquired the rights to marry Rus and to redeem Machlon's property from the purchasers, which he exercised that very day, just as he had promised her.

(d)The verse informs us how Bo'az acquired the rights from Tov by means of a Kinyan Chalipin. When Bo'az took off his shoe and gave it to Tov, he automatically acquired the rights. According to one opinion in the Gemara (47a), it was Tov who took off his shoe and gave it to Bo'az. The Yalkut, however, maintains that it was Bo'az, because "it is the way of the purchaser to give a security to the seller." (Incidentally, unless they stipulate otherwise, the article (generally known as a "Sudar," the head-gear of a Talmid Chacham) must be returned to the owner.)

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