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Previous daf Kidushin 42
KIDUSHIN 41-42 - Ari Kornfeld has generously sponsored the Dafyomi
publications for these Dafim for the benefit of Klal Yisrael.
1) [line 7] "V'YIKCHU LAHEM, ISH, SEH L'VEIS AVOS, SEH LA'BAYIS." - "They
shall take for themselves, each man, a lamb for each family, a lamb for each
household." (Shemos 12:3)
2) [line 12] ZOCHEH (ZACHIN L'ADAM SHE'LO B'FANAV)
(a) When a person buys or sells an object, or marries or divorces a woman,
he must make a Ma'aseh Kinyan (a formal Halachically-binding act denoting
the change in status). This act may be performed by the Shali'ach (agent) of
the person who makes the Kinyan instead of the person himself.
(b) When the acquisition of a certain object is unquestionably beneficial
for a person, someone may acquire it for the person as if he were his
Shali'ach even though he was not actually appointed a Shali'ach to do so.
This act is called Zachin l'Adam she'Lo b'Fanav. The Rishonim argue as to
how "Zachin" works. Some state that there is an "Anan Sahadei" (lit. "we are
witnesses," - i.e. it is as clear to us as if he stated it himself) that the
person would have made him a Shali'ach in this case (RASHI to Gitin 9b DH
Yachzor, TOSFOS to Kesuvos 11a DH Matbilin). Other Rishonim claim that
"Zachin" does not work through a vehicle of Shelichus at all, since it also
works for minors who Halachically cannot appoint Shelichim. Rather, the
Torah created a new law called "Zachin..." that allows one person to acquire
an object for another person in such cases (RASHBA and RITVA to Kidushin
23b -- see Insights there; RAN to Kidushin 42a; this may be an argument
among the Tana'im in Bava Basra 156b).
3) [line 13] HA'HU ME'"ISH LEFI OCHLO" NAFKA - that Halachah (that an adult
may be Zocheh on behalf of others, but not a minor) is derived from the
verse, "Each *man* [shall be designated for a lamb] according to how much
each one will eat" (Shemos 12:4)
4) [line 17] "V'NASI ECHAD NASI ECHAD MI'MATEH." - "And one leader, one
leader from each tribe" (Bamidbar 34:17) - Each Nasi served as the Shali'ach
for his tribe to divide the land that his tribe received among the members
of that tribe.
5) [line 25] BIK'AH - a plain [of open fields], valley
6) [line 37] D'IM KEN, MAH KO'ACH BEIS DIN YAFEH? - for if so, how will the
authority of Beis Din be effective (if we do not fulfill their decision
7) [line 38] SHUM HA'DAYANIN - an appraisal and sale of land made by Beis
Din to repay the owner's debt (TIF'ERES YISRAEL, Kesuvos 99b)
8) [line 39] SHE'PICHASU SHETUS (ONA'AH) - who sold the field for a sixth
less than it was worth
(a) If a person makes a profit of one sixth of the total value on an item
that he sells without the purchaser's knowledge, the transaction is valid,
but the seller must return the profit to the purchaser. If the profit is
less than one sixth, nothing is returned. If the profit is more than one
sixth, the sale is invalid even if the profit is returned.
(b) With regard to sales of real estate, even if the profit is more than one
sixth, the sale is valid and nothing is returned.
(c) When Beis Din errs in an appraisal of property by a sixth of its value,
the Rabanan and Raban Shimon ben Gamliel argue whether the sale is binding
(because of "Im Ken, Mah Ko'ach Beis Din Yafeh;" this is the view of Raban
Shimon) or it is not binding (Rabanan).
9) [line 2] BA'RUCHOS - the different sides of the fields (east, west, etc.)
10) [line 3] LEKUCHOS - buyers
11) [line 5] ONA'AH
See above, entry #8.
12) [line 7] LO AMARAN ELA D'LO SHAVYEI SHALI'ACH - we do not say this (that
is, the law that if the error in the division of the inherited property is
less than a sixth, the division remains binding) except in the case where he
did not appoint an agent [to represent him in dividing the estate]
13) [line 8] L'SAKUNI SHEDARTICH V'LO L'AVUSI - [in the case where the
brother appointed an agent to represent him in dividing the estate and an
error of less than a sixth was made, the division is not valid because the
brother can claim,] I sent you to benefit me and not to cause me a loss
14) [line 9] LO AMARAN ELA D'LO AMAR NIFLIGAN B'SHUMA D'VEI DINA - we do not
say this (that is, the law that if the error in the division of the
inherited property is more than a sixth, the division is invalid) except in
the case where the brother did not say, "Let us divide it based on the
appraisal of the court" (see, however, alternate Girsa of Rabeinu Tam and
Rach, cited by TOSFOS DH Hachi Garsinan)
15a) [line 17] ILUYA - [according to the property's] value
b) [line 18] MASHCHASA - [according to the property's] measured size
16a) [line 19] MIDAH - [anything that is sold according to its] measure
b) [line 19] MISHKAL - [according to its] weight
c) [line 19] MINYAN - [according to its] count
17) [line 21] HA'SHOLE'ACH ES HA'BE'EIRAH - he who sends a fire (which
damages the property of another person)
18a) [line 21] CHERESH - a deaf mute
b) [line 21] SHOTEH - (lit. a fool) a person who is mad or deranged (see
Background to Gitin 70:66 for the Halachic definition of someone classified
as a Shoteh)
c) [line 21] KATAN - a minor (a boy under the age of 13 and a girl under
the age of 12)
19) [line 22] PATUR B'DINEI ADAM V'CHAYAV B'DINEI SHAMAYIM - he is exempt
from laws of man, but he is liable by the laws of Heaven
20) [line 24] EIN SHALI'ACH LI'DEVAR AVEIRAH - a Shali'ach cannot be
appointed to perform an Aveirah
See Insights to Kidushin 42:3.
21) [line 25] DIVREI HA'RAV, V'DIVREI SALMID, DIVREI MI SHOM'IM? - [when one
is commanded by] the words of the master, and the words of the disciple, to
whose words does one listen?
22a) [line 26] SHALI'ACH SHE'LO ASAH SHELICHUSO, SHALI'ACH MA'AL (ME'ILAH)
(a) It is forbidden to derive personal benefit from anything that is
Hekdesh, as the Torah states, "Lo Suchal le'Echol b'Sha'arecha...
u'Nedarecha Asher Tidor" - "You may not eat in your settlements... and your
pledges [to Hekdesh] that you will pledge" (Devarim 12:17) (RAMBAM Hilchos
Me'ilah 1:1-3). The minimum amount for which one transgresses this
prohibition is a Perutah's worth of benefit.
(b) If someone benefited from Hekdesh intentionally, he receives Malkos and
must pay to Hekdesh the amount that he benefited. However, the object from
which he benefited remains Hekdesh.
(c) If someone benefited from Hekdesh unintentionally, the object loses its
Kedushah. He must bring a Korban Me'ilah and repay Hekdesh the value of his
benefit plus an additional *fifth* (of the ensuing total, or a *quarter* of
the original value). This is true of any object that has Kedushas Damim
(i.e. its value is consecrated to Hekdesh). An object that has Kedushas
ha'Guf (i.e. an object with intrinsic Kedushah, such as the utensils used in
the Beis ha'Mikdash or a live Korban that is used in the Beis ha'Mikdash "as
is") does not lose its Kedushah under any circumstances (Rosh Hashanah 28a).
b) [line 26] SHALI'ACH SHE'LO ASAH SHELICHUSO - a Shali'ach (messenger)
who did not carry out his assignment as he was told; e.g. he bought an item
different from the one he was told to buy
c) [line 27] ASAH SHELICHUSO - if he carried out his assignment as he was
told; e.g. he bought the exact item he was told to buy
23) [line 33] SHELICHUS YAD
(a) The Torah (Shemos 22:6-8) teaches that when the owner of an item
deposits his item with someone to watch it for him, and the watchman uses
the item without the owner's permission, the watchman assumes full
responsibility for the item. The watchman becomes obligated to return the
item (or its value) to the owner even if an uncontrollable accident occurs
and destroys it.
(b) Beis Shamai and Beis Hillel argue whether the watchman must actually use
the item in order to be completely responsible for it (Beis Hillel), or he
becomes completely responsible for the item even if he merely thinks or says
that he is going to use it (Beis Shamai).
24) [line 36] "AL KOL DEVAR PESHA..." - "In every case of liability..."
25) [line 40] "... IM LO SHALACH YADO BIM'LECHES RE'EHU." - "...that he did
not lay his hand on the property of his friend." (Shemos 22:7)