KIDUSHIN 11 (7 Elul) - Dedicated in memory of Esther Miryam bas Harav Chaim Zev and her husband Harav Refael Yisrael ben Harav Moshe (Snow), whose Yahrzeits are 7 Elul and 8 Elul respectively. Sponsored by their son and daughter in law, Moshe and Rivka Snow.

[11a - 24 lines; 11b - 34 lines]

1a)[line 5]גנבGANAV- thief

b)[line 6]קוביוסטוסKUVYUSTUS- (a) a kidnapper (RASHI); (b) a gambler (specifically, one who rolls Kuviyos = dice) (RABEINU CHANANEL)

c)[line 6]לסטים מזוייןLISTIM MEZUYAN- an armed bandit

2)[line 7]נכתב למלכותNUCHTAV LA'MALCHUS- a slave upon whom there is a death warrant from the government that he should be killed by anyone who finds him (RASHI to Kesuvos 58a)

3)[line 14]מתרקבא דדינריMI'TARKEVA D'DINAREI- from a measure of a half-Se'ah of gold coins (Tarkeva = Trei v'Kav = 2 [Kabin] and [1] Kav = 3 Kabin - approximately 3.6, 4.14, or 7.2 liters, depending upon the differing Halachic opinions)

4)[line 15]דאי פשטה ידהD'IY PASHTAH YADAH- that if she stretched out her hand

5a)[line 21]כסף צוריKESEF TZURI- the denominations of coins used in Tzor (Tyre)

b)[line 22]כסף מדינהKESEF MEDINAH- the provincial coinage, the value of which is one-eighth of Kesef Tzuri

11b----------------------------------------11b

6)[line 1]טענהTA'ANAH (MODEH B'MIKTZAS)

If a person admits that he owes part of a claim, the Torah suspects that the person wants to temporarily postpone part of the payment but does not have the audacity to completely deny the claim. He is therefore required to take an oath, mid'Oraisa, on the part he denies (Shemos 22:8), or otherwise he must pay the entire amount being claimed.

7)[line 1]"כי יתן איש אל רעהו כסף או כלים לשמר...""KI YITEN ISH EL RE'EHU KESEF O CHELIM LISHMOR..."- "If a man gives to his friend money (Kesef) or utensils to guard, [and they are stolen from the house of the person, then if the thief is found, he shall pay double. If the thief is not found, the owner of the house shall be brought to the judges [to swear] that he did not misuse (lit. send his hand upon) his friend's possession. In every case of liability... about which he will say that this is it...]." (Shemos 22:6-8)

8)[line 2]שבועת הדייניןSHEVU'AS HA'DAYANIM- an oath imposed by the court according to Torah law if a person admits to part of a claim

9a)[line 3]הטענהHA'TA'ANAH- the minimum claim made by the Mafkid (the owner of the item deposited with the trustee)

b)[line 3]וההודאהHA'HODA'AH- and the minimum partial admission made by the Shomer (the trustee appointed to guard the item)

10)[line 6]מעשרMA'ASER [SHENI]

(a)After a crop that is grown in Eretz Yisrael is harvested and brought to the owner's house or yard, he must separate Terumah Gedolah from the crop and give it to a Kohen. Although the Torah does not specify the amount to be given, the Rabanan set the requirement at one fiftieth of the total crop. After Terumah is removed from the produce, one tenth of the produce that remains must be designated "Ma'aser Rishon," and given to a Levi. The Levi, in turn, must separate one tenth of his Ma'aser Rishon as Terumas Ma'aser, to be given to a Kohen, as it states in Bamidbar 18:26.

(b)The produce may not be eaten until both Terumos have been removed, and it is known as Tevel. The punishment for eating Tevel is Misah b'Yedei Shamayim.

(c)A second tithe is given every year after Ma'aser Rishon has been separated. The tithe that is separated in the third and sixth years of the 7-year Shemitah cycle is called Ma'aser Ani and is given to the poor.

(d)The tithe that is separated during the first, second, fourth and fifth years is called Ma'aser Sheni. The Torah requires that Ma'aser Sheni be brought and eaten by its owner in Yerushalayim.

(e)Alternatively, Ma'aser Sheni produce may be redeemed, in which case the money used to redeem it is brought to Yerushalayim. If the owner himself redeems the produce, he must add an additional fifth (of the ensuing total, or a quarter of the original value). The food that is bought with this money in Yerushalayim becomes Kodesh like Ma'aser Sheni and must be eaten b'Taharah. Ma'aser Sheni that was redeemed by anyone besides the owner is exempt from the additional fifth.

11)[line 7]הפורט סלעHA'PORET SELA- one who exchanges [the small, copper, Perutah coins he used to redeem his Ma'aser Sheni] for [a large, silver] Sela coin (to carry with him to Yerushalayim)

12)[line 8]הקדשHEKDESH- items which one dedicates to be the property of the Beis ha'Mikdash

13)[line 10]שחיללוSHE'CHILELO- that was redeemed from Hekdesh

14)[line 13]משדה עפרוןMI'SEDEH EFRON- from the field of Efron ha'Chiti that Avraham Avinu bought as a burial plot (Bereishis 23:3-20)

15)[line 17]כסף קצובKESEF KATZUV- a fixed amount of money

16)[line 19]חמש סלעים של בןCHAMESH SELA'IM SHEL BEN (PIDYON HA'BEN) - the five Sela'im of [the redemption of] the firstborn son

See Background to Kidushin 6:26.

17)[line 19]שלשים של עבדSHELOSHIM SHEL EVED

(a)If a person's Shor ha'Mu'ad kills another person, the bull is put to death by stoning (see Background to Bava Kama 40:28) and the owner of the bull is Chayav Misah b'Yedei Shamayim. The owner 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; see Background to Bava Kama 23:22). If the bull intended to kill another animal, and instead killed a person, the bull is not put to death, and the Amora'im argue whether the owner must pay Kofer (Bava Kama 43b-44a).

(b)If one's Shor ha'Mu'ad kills another person's Nochri slave (Eved Kena'ani - see Background to Kidushin 22:16), instead of paying Kofer, he owner of the bull must pay 30 Shekalim (Sela'im) to the slave's master. This payment does not vary with the value of the slave that was killed, and it is therefore deemed a "Kenas" (see Background to Bava Kama 74:5). Therefore, if the owner of the bull admits in court that his bull killed a slave (without having been found guilty through the testimony of witnesses), he is exempt from paying the 30 Shekalim.

18)[line 20]אונס/פיתויONES / PITUY

See Background to Kidushin 10:1.

19)[line 21]מוציא שם רעMOTZI SHEM RA

If a man marries a Na'arah (12 year old girl who has attained physical maturity) who is a Besulah (a virgin who was never married in the past) and, after the Chupah is performed, he falsely accuses her of committing adultery and losing her virginity prior to the Chupah, he receives Malkos (lashes) for his slanderous speech (Devarim 22:18). He must also give her father 100 Shekalim and never divorce her against her will (ibid. 22:19).

20)[line 21]בשקל הקודש במנה צוריB'SHEKEL HA'KODESH, B'MANEH TZURI

The five Shekalim for the Pidyon ha'Ben, the thirty Shekalim for the slave, the fifty Shekalim of Ones or Pituy and the one hundred Shekalim of Motzi Shem Ra are all Shekalim of Kesef Tzuri, the denominations of coins used in Tzor (Kidushin 11b, Bechoros 49b; see Background to Kidushin 8:9).

21)[line 23]התוקע לחבירוHA'TOKE'A L'CHAVEIRO - (lit. one who blows to [the ear of] his friend)

Ha'Toke'a l'Chaveiro refers either to making a loud noise in someone's ear, or to hitting a person near or on his ear (see RASHI). The Rabanan instituted that a Sela be paid to the victim for the shame (Boshes) that he experiences. The Sela in this case is not the Sela Tzuri, but rather a Sela Medinah (see next entry).

22)[line 26]איסתיראISTIRA- a silver coin which was equal to a Sela Tzuri (see Midos v'Shi'urei Torah, C. P. Benish, Benei Brak, 5760, pp. 433-434). However, people called the Sela Medinah (an eighth of a Sela Tzuri, or half a Zuz/Dinar as there are four Zuz/Dinar in a Sela Tzuri) an Istira.

23)[line 29]"והפדה""V'HEFDAH"- "He shall let her be redeemed." (Shemos 21:8) - The use of the word "v'Hefdah," involving the master in her redemption, and not the word "v'Nifdis" ("and she shall be redeemed"), implies that he must play a role in her redemption by subtracting the amount of money for the years that she has served him.

24)[line 29]שמגרעת מפדיונה ויוצאהMEGARA'AS MI'PIDYONAH V'YOTZ'AH (AMAH IVRIYAH - a Jewish maidservant: GIRA'ON KESEF)

(a)A destitute father, under certain circumstances, may sell his daughter into servitude to a Jewish master as long as she is a minor. The sale is for a period of six years or until she becomes a Gedolah (when two pubic hairs grow after she enters her 12th year) or until the Yovel year (the year after seven Shemitah cycles), whichever comes first. During this period she is called an "Amah ha'Ivriyah."

(b) Another way that an Amah Ivriyah goes free is through Gira'on Kesef. At any time during her term, she or someone else may pay her master the money remaining from the sum that the master paid for her, prorated to the amount of time that she worked.