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Previous daf Kidushin 10
KIDUSHIN 7-10 - Dedicated by an admirer of the work of the Dafyomi
Advancement Forum, l'Iluy Nishmas Mrs. Gisela (Golda bas Reb Chaim Yitzchak
Ozer) Turkel, A"H.
1) [line 1] KENAS - a fine or penalty (as opposed to actual reparation for
damages rendered) (ONES / PITUY)
(a) ONES - If a man rapes a girl (between the ages of 12 and 12 1/2,
according to Rebbi Meir, or 3 and 12 1/2, according to the Chachamim;
Kesuvos 29a), he must pay her father a fine of fifty Shekalim, as stated in
Devarim (22:28). This amount is the equivalent of a Kesuvah (dowry) of a
virgin and is in addition to the payments of Pegam, Boshes and Tza'ar
(Kesuvos 39a; see Background to Kidushin 3:28). The man must also marry the
girl and never divorce her, if the girl wishes to be his wife.
(b) PITUY - If a man seduces a girl (between the ages of 12 and 12 1/2,
according to Rebbi Meir, or 3 and 12 1/2, according to the Chachamim;
Kesuvos 29a), and the girl or her father refuses to let him marry her, or if
the man chooses not to marry her, he must give the father of the girl fifty
Shekalim. This amount is the equivalent of a Kesuvah of a virgin and is in
addition to the payments of Pegam and Boshes (see Background ibid.; the
seducer does not pay the payment of Tza'ar -- Kesuvos 39b). If he chooses to
marry her and they consent, the man is not obligated to pay anything to the
girl or his father at the time of the marriage. If he later divorces her, he
must give her the Kesuvah of a virgin upon her divorce (Shemos 22:16).
2) [line 11] HE'ERAH - the beginning of intimate contact
3) [line 12] KOHEN GADOL
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 (see Background to Gitin 85:1).
4a) [line 16] L'YORSHAH - to inherit from her
b) [line 16] LITAMEI LAH - [if the husband is a Kohen,] to become Tamei for
her (in order to bury her) [if she passes away]
(a) The Torah (Vayikra 21:1-4) forbids Kohanim from coming into contact with
corpses while concurrently commanding them to handle the burial of certain
relatives. Those relatives are the Kohen's mother, father, son, daughter,
brother, sister from his father (if she is an unmarried virgin), and wife
(if the wife is permitted to be married to him).
(b) If a Kohen is married to a woman with Kidushin mid'Rabanan (e.g. if she
married him as a minor after her father died), her husband is allowed and
required to handle her burial. (The Gemara (Yevamos 89b) concludes that the
Kohen is actually permitted to bury her mid'Oraisa, even though she is only
married to him with a Kidushin mid'Rabanan. Since the Kohen inherits her,
nobody else will handle her burial, and therefore she is like a Mes
Mitzvah -- see Background to Sotah 45:31 and Insights to Yevamos 89b.)
(c) The prohibition to come into contact with a corpse applies only to male
Kohanim who are not Chalalim. (However, immediately before, and during, the
three pilgrimage holidays (Pesach, Shavuos and Sukos), every Jew, male or
female, is commanded to be Tahor -- RASHI to Yevamos 29b DH v'Lo Mitames.)
The positive command to handle the burial of the seven relatives mentioned
above (a) applies not only to Kohanim, but also to all Jews.
c) [line 16] L'HAFER NEDAREHA - to annul her vows
(a) A man has the right to annul certain vows of his wife and his young
daughter, as the Torah states in Bamidbar 30:6, 9, 13-14. He accomplishes
this by stating, on the day that he hears the vow, "Mufar Lach" ("[the vow]
is annulled"). There is an argument among the Tana'im whether the vow must
be annulled before nightfall on the day the husband/father heard it, or
before 24 hours pass from when he heard it (Nedarim 77a); the former is the
(b) A father may annul his daughter's vows while she is young, starting from
the age at which her vows are valid (11 years old) until she becomes a
Bogeres (six months after she becomes a Na'arah by growing two pubic hairs).
If the father marries her off before she becomes a Bogeres, during the
period of Eirusin both the father *and* the husband, or "Arus," must annul
the vows in order for the annulment to be effective. After the consummation
of the marriage through Nisu'in, the husband may annul the vows by himself.
The father no longer has rights over her vows after her marriage, even if
she is divorced before becoming a Bogeres.
(c) Nobody may annul the vows of a woman if she is an unmarried Bogeres, or
if she is an unmarried Na'arah who was *once* married or who has no father.
Instead, her Nedarim must be revoked through *Hataras* Nedarim (see previous
(d) If the father or husband is "Mekayem" the vow even before the day is
over (i.e. he upholds or endorses the vow; this is also referred to as
"Kiyum" or "Hakamah"), by stating "[the vow] is endorsed," he can no longer
be Mefer the vow. His wife or daughter must abide by her vow. (There is a
disagreement among the Poskim as to whether the wife or daughter can remove
the Neder through *Hataras* Nedarim after Hakamah, see Insights to Nedarim
5) [line 7] HA'AV ZAKAI B'VITO B'KIDUSHEHA (KIDUSHEI KETANAH AL YEDEI
(a) The Torah gives a father the right to marry off his daughter at any age
before she is twelve years old.
(b) If she was divorced or widowed or her father died without marrying her
off, the Chachamim gave the girl's mother and/or oldest brother the right to
marry her off. In these cases the marriage is only mid'Rabanan and she must
be at least ten years old, or at least six years old if she has an
understanding of the concept of marriage.
(c) According to the RAMBAM and the RA'AVAD, in the above circumstances, the
Chachamim also gave *her* the right to get married by herself. This marriage
is also mid'Rabanan. According to the Rambam, she must be at least ten years
old, or at least six years old if she has an understanding of the concept of
marriage. According to the Ra'avad, however, her Kidushin is valid even if
she has enough sense to guard the object given to her for her Kidushin (and
she realizes that it was given to her for Kidushin).
(d) In the instances of
marriage mid'Rabanan, before she reaches Halachic puberty and becomes a
Na'arah (through the growth of two pubic hairs), she has the option of
annulling the marriage through a procedure known as Mi'un (refusal). She
says before two witnesses, "I do not want him," and the marriage is annulled
retroactively. There is no need for her to receive a Get (a bill of
divorce). A girl who is married off by her father cannot annul the marriage
through Mi'un. (RAMBAM Hilchos Ishus 4:7-8)
6) [line 22] METZI'ASAH - the items that she finds
7) [line 22] MA'ASEH YADEHA - her income
8) [line 22] HAFARAS NEDAREHA - the right to annul her vows
See above, entry #4c.
9) [line 23] PEIROS (NICHSEI MILUG)
A woman brings into her marriage two types of possessions, as follows:
1. Possessions that the wife owned before marriage, the values of which were
estimated and written in the Kesuvah, to be returned to her in full upon
divorce or the husband's death. These are called Nichsei Tzon Barzel ("Iron
Flock Properties") because their value does not change between the time of
marriage and the time of divorce or the husband's death.
2. Possessions that were not estimated and their values were not specified
in the Kesuvah. Upon divorce or the husband's death, the property is
returned as is, regardless of its appreciation or depreciation (or
deterioration) over the years. These are referred to as Nichsei Milug
("Properties that are Plucked"), because for the duration of the marriage
the husband may take ("pluck") the produce (Peiros) of these possessions
(e.g. reaping the fruit of a field, or plowing with an ox). However, he may
not "use up" the property itself (e.g. by digging trenches in the field or
slaughtering the ox). The father, in contrast, does not have the right to
the Peiros of his betrothed daughter's property (i.e. if she inherited
property from her mother's relatives).
10) [last line] U'METAM'AH ES BO'ALAH L'TAMEI MISHKAV TACHTON K'ELYON (BO'EL
A man who has relations with a Nidah becomes Tamei for seven days, like the
Nidah herself. His laws of Tum'ah, however, are less stringent. The objects
he touches, as well as *Tachtono*, the objects underneath him, have the same
status as the objects above a Nidah, namely, Rishon l'Tum'ah, as it states
in Vayikra 15:24 (see Nidah 33a, and Charts to Nidah 33:8b). After seven
days, he immerses in a Mikvah during the day to complete his purification
11) [line 2] OCHELES BI'TERUMAH
A non-Kohen may not eat Terumah. A Kohen's wife, who is not herself a
Kohenes (the daughter of a Kohen), eats Terumah as long as her husband or
any of their offspring are alive, as is learned from the verses (Vayikra
22:11, Bamidbar 18:11) and the Gemara (Nidah 44a). The Kohen's wife must be
at least three years old for this Halachah to apply.
12) [line 4] PESULIN
(a) The Torah prohibits a Kohen from marrying a Zonah, with an Isur Lav
(Vayikra 21:14). A Zonah is generally defined as a woman who had relations
with a man out of wedlock. However, the Tana'im argue about the exact
definition of who is a Zonah.
1. Some say that a Zonah is any woman who is unable to have children, since
it is not the manner for men to marry such a woman. She is prohibited to a
Kohen whether she actually had relations with a man out of wedlock or not.
(b) The Halachah follows the Chachamim, who say that a Zonah is a woman (at
least three years of age) who had relations with a man to whom she is
prohibited. The Rishonim, though, argue about which Isur will make her into
2. Some say that a Zonah is any woman who had relations with a man out of
wedlock, i.e. without Kidushin, or, according to others, any woman who made
herself available for all (without Kidushin).
3. Others say that the only woman who is considered a Zonah is an "Eshes
Ish," a woman who committed adultery.
4. The Chachamim say that a Zonah is a woman who had relations with a man to
whom she is prohibited (Yevamos 61b).
13) [line 8] NETZIVIN - a city in Bavel, home of Rebbi Yehudah ben Beseira
14) [line 17] EIN ARUSAH BAS YISRAEL OCHELES BI'TERUMAH AD SHE'TIKANES
(a) A non-Kohen may not eat Terumah. However, a Kohen's wife who is not
herself a Kohenes may eat Terumah, if she is over three years old.
(b) Mid'Oraisa, a Kohen's wife may begin to eat Terumah from the time of her
Erusin, betrothal. However, the Rabanan prohibited her from eating Terumah
until twelve months after the betrothal, at which point the husband begins
to support her even though she has not yet moved into his house. The Tana'im
debated the reason for this prohibition. Some say that it was enacted lest
the wife feed her siblings from the Terumah that she is eating (since she is
still living together with them in her father's house). Others say that it
was enacted because of the possibility that the Kohen will find an
unexpected blemish in her, causing him to annul their betrothal
retroactively. At a later point the Rabanan prohibited her from eating
Terumah even after twelve months have passed until the time of her Nisu'in,
when she moves into her husband's house.
(c) The wife of a Kohen may continue to eat Terumah as long as her husband
or any of their offspring are alive (Vayikra 22:11, Bamidbar 18:11; Nidah
15) [line 38] MISHUM D'ULA - because of Ula's reasoning. Ula explained that
the Rabanan prohibited a woman who is betrothed (with Erusin) to a Kohen
from eating Terumah, lest she feed it to the members of her own family (who
are not Kohanim)
16) [line 43] SIMPON - anything that causes a sale, an agreement or a
document to be annulled, such as blemishes with regard to a betrothed woman,
and a receipt with regard to a document of debt