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Previous daf Kidushin 78
KIDUSHIN 77-80 - Ari Kornfeld has generously sponsored the Dafyomi
publications for these Dafim for the benefit of Klal Yisrael.
1) [line 7] SHNEI SHEMOS - two prohibitions (which seems to contradict the
teaching of Rav Yehudah, that the Kohen Gadol should be liable twice for the
prohibition of Almanah and twice for the prohibition of Gerushah, once each
for "Lo Yikach" and once each for "Lo Yechalel")
2) [line 13] MIDRABANAN, U'KERA ASMACHTA B'ALMA (ASMACHTA)
(a) At times, when Chazal make a Derashah (extrapolate a Halachah or other
teaching) from a word in the Torah, it happens that the Halachah or teaching
is not mid'Oraisa at all, but rather mid'Rabanan. When this happens, the
Gemara usually states that the Halachah is mid'Rabanan, and "Kera Asmachta
b'Alma," i.e. that the verse is only cited as a "support" for the Halachah
mid'Rabanan, but its source is not actually from the Torah. (TOSFOS to Bava
Basra 66b DH Michlal d'She'ivah writes that in many instances, Derashos of
Chazal in the Midreshei Halachah, such as Toras Kohanim, which appear to be
from the Torah, are only Asmachta'os.)
(b) A second type of Asmachta applies even to a Halachah which actually is
mid'Oraisa. When Chazal find a hint in the Torah to a Halachah that has its
basis in the Oral Tradition, they call this an Asmachta as well (Eruvin 5a,
(c) The Rishonim argue as to the reason why Chazal, in these instances, used
verses to support their teachings.
1. From the words of the RAMBAM (Introduction to his Perush ha'Mishnayos) it
appears that Asmachta'os are only mnemonic devices. (It is possible that he
writes this only with regard to the latter type of Asmachta, Asmachta'os for
(d) There are those who write that a Halachah mid'Rabanan that is learned
from an Asmachta, and which has a hint in the apparent meaning of the
verses, is more stringent than an Isur mid'Rabanan for which an Asmachta
from the Torah is not offered. These Halachos were given the status of
Halachos of the Torah in certain respects, for example, with regard to the
requirement to be stringent in the case of a Safek (PRI MEGADIM,
Introduction to Shulchan Aruch Orach Chayim 1:2:d)
2. MAHARIL (in Likutei Maharil) writes that Chazal used the device of
Asmachta in order to make people regard certain Halachos mid'Rabanan as if
they were actually mid'Oraisa, so that they should not treat them lightly.
3. The RITVA (to Rosh Hashanah 16a, see Be'er ha'Golah of the MAHARAL, Be'er
#1) states that when Chazal present an Asmachta, it means that the Torah
meant to suggest that it is fitting to implement such a Halachah, but that
it did not choose to make it obligatory. The Torah empowered the Chachamim
to enact it should the need for it arise. Similarly, the SHELAH (in Torah
she'Be'al Peh, entry titled "Rabanan") writes that when the Chachamim
utilized a hint from a verse, it means that they learned a particular
approach of reasoning from this verse. Accordingly, it appeared to them that
there was a need to decree this particular Halachah.
4. The MESHECH CHOCHMAH (Parshas Shoftim) claims that when Chazal present an
Asmachta, it means that *after* Chazal instituted a particular Halachah or
enacted a particular decree, they studied the Torah and found that the Torah
had already hinted to that future decree in its eternal wisdom.
3) [line 15] BA'AL LOKEH - (the words of RASHI DH Ba'al Lokeh do not apply
to the teaching of Abaye on this line, but rather to the teaching of *Rava*
on line 17)
4a) [line 18] MAH TA'AM "LO YIKACH?" - For what reason does the Torah state,
"[Almanah u'Gerushah va'Chalalah Zonah; Es Eleh] Lo Yikach..." - "[A widow,
a divorcee, a Chalalah and a prostitute; these women] he shall not marry..."
b) [line 19] MISHUM "LO YECHALEL." - in order that "Lo Yechalel Zar'o
b'Amav..." - "He shall not invalidate his seed among his people..." (Vayikra
21:15). As such, Rava rules that only if he has relations is he liable to
two sets of Malkos. If he does not, he does not even receive one set of
Malkos for "Lo Yikach."
5) [line 19] MACHZIR GERUSHASO
See Background to Kidushin 77:8.
6) [line 21] " [LO YUCHAL BA'ALAH HA'RISHON ASHER SHILECHAH, LASHUV]
L'KACHTAH LIHEYOS LO L'ISHAH..." - "[Her former husband, who sent her away,
may not] take her [again] to be his wife..." (Devarim 24:4) - "Liheyos Lo
l'Ishah" implies marital relations. As such, Abaye agrees to Rava's ruling
in the case of a Machzir Gerushaso, that he does not receive Malkos for
being Mekadesh her if he does not have marital relations with her
7) [line 28] YETZIRASO B'AVEIRAH - his conception was brought about through
a sin (relations of a Kohen with a woman who is prohibited to him), [as
opposed to a Ger and a Kohen Gadol, whose conceptions were not brought about
8) [line 30] V'CHAZAR HA'DIN, LO RE'I ZEH K'RE'I ZEH
(a) The method of learning that is being used by our Gemara is called a
comparison, or "Meh Matzinu" - "What we have found [in one subject, applies
to another subject, also.]" Among the rules of this method is the rule of a
"Pirchah" (a question), where even a slight difference between the subjects
causes the comparison to collapse, and no connection may be made.
(b) At this point the Gemara will bring a "Yochi'ach" or "Tochi'ach" (fem.)
(a proof), where another subject, which fulfills the requirements of the
Pirchah, is used to rebuild the comparison. A second Pirchah follows, where
the Yochi'ach subject is brought into question. Then the original subject
becomes the Yochi'ach.
(c) The conclusion is v'Chazar ha'Din (the Din goes back and forth), Lo Re'i
Zeh k'Re'i Zeh (this subject is not exactly like that subject and vice
versa), but the Tzad ha'Shaveh (common denominator) may be used to connect
the Halachos of the two subjects. As such, we may learn a new Halachah from
them (in our case, according to Rebbi Yehudah, that the daughter of a Ger is
unfit to marry a Kohen). The common denominator may also be brought into
question, which inhibits learning the new Halachah from the two subjects
(which occurs in our Gemara and necessitates changing the Yochi'ach
9a) [line 30] SHE'EINAN B'ROV HA'KAHAL - that their situation does not apply
to most of the community (i.e. that a Kohen Gadol with an Almanah is "Bi'aso
b'Aveirah" and a Chalal is "Yetziraso b'Aveirah")
b) [line 31] HA'GER, SHE'EINO B'ROV HA'KAHAL - the convert, whose situation
does not apply to most of the community (i.e. that he originates from a
10) [line 33] MITZRI RISHON
(a) Only the grandchild of an Egyptian or Edomite convert may marry into the
Jewish people as stated in Devarim 23:8-9 (Yevamos 76b). One who marries a
first or second-generation Egyptian or Edomite convert transgresses a Lav
ha'Ba mi'Chlal Aseh. This prohibition applies to both male and female
converts. If an Egyptian woman who is married to an Egyptian man converts
while she is pregnant, the child who is born is a Mitzri Sheni
(b) According to most opinions this prohibition does not apply today because
the Egyptians and Edomim about whom the Torah speaks have become lost among
the nations (SEFER HA'CHINUCH # 563, 564).
(c) With regard to our Sugya, a Mitzri Rishon fulfills the requirements of
the "Yochi'ach" (see above, entry #8) since his conception was *not* brought
about through a sin and his daughter is unfit to marry a Kohen.
11) [line 39] "V'CHOL HA'TAF BA'NASHIM...HACHAYU LACHEM." - "But all of the
young women...keep alive for yourselves [to become slaves]." (Bamidbar
31:18) - Keeping the young women alive "for yourselves" also implies that if
they convert, they are fit to marry the soldiers who captured them.
12) [line 39] VA'HALO PINCHAS HAYAH IMAHEM - and we should note that Pinchas
was with the soldiers at the time (implying that these girls could be fit to
marry Kohanim, also)
13) [line 40] V'CHULAN MIKRA ECHAD DARSHU - and each of them (the four
Tana'im who disagree) found support [for his opinion] in one (and the same)
14) [line 42] KOL ZERA MI'YISRAEL - that is, all of the *primary status of
the offspring* (i.e. its lineage, which follows the father) must be from
Yisrael, and not a Ger. (If, however, the father is a Yisrael and the mother
is a Giyores, their daughter is fit to marry a Kohen according to Rebbi
Yehudah -- RASHI to Kidushin 77a DH Bas Ger Zachar)
15) [line 43] "MI'ZERA," VA'AFILU MIKTZAS ZERA - the letter Mem in the word
"mi'Zera" limits the requirement of "Zera" and includes even partial "Zera,"
i.e. one of the parents (but not both) can be a Ger
16) [line 43] MI SHE'NIZRE'U B'YISRAEL - one who was conceived (lit.
planted) in the community of Yisrael, i.e. even the daughter of a Ger and a
17) [last line] MI SHE'NIZRE'U BESULEHA B'YISRAEL - one whose Besulim grew
to completion after she was a member of the community of Yisrael, i.e. even
a girl who converted before she was three years old
18) [line 3] "V'NER ELOKIM TEREM YICHBEH U'SHMUEL SHOCHEV, B'HEICHAL
HASH-M..." - "And before the lamp of Elokim had gone out in the Temple of
HaSh-m, [where the ark of Elokim was,] and Shmuel was lying down to sleep;"
(Shmuel I 3:3) - The verse translated in the order of the words is rendered,
"And before the lamp of Elokim had gone out and Shmuel was lying down to
sleep in the Temple of HaSh-m..."
19) [line 4] EIN YESHIVAH BA'AZARAH ELA L'MALCHEI BEIS DAVID BILVAD
(a) Because of the sanctity of the Beis ha'Mikdash and the Azarah (its
surrounding courtyard), the kings of the Davidic dynasty were the only ones
who were allowed to sit there. This Halachah is based on the verse brought
by the Gemara (Sotah 40b et al), "Then King David went in, and sat before
HaSh-m, and he said, 'Who am I, O HaSh-m? And what importance is there in my
house, that You have brought me thus far?" (Shmuel II 7:18).
(b) There are those who are of the opinion that even the Davidic kings were
not permitted to sit in the Azarah (see TOSFOS to Sotah ibid. DH veha'Amar),
and they interpret the verse in three ways:
1. The verse means that he *supported* himself, leaning, but did not
actually sit. This action is prohibited to all others besides the Davidic
20) [line 11] MIN HA'MASI'IM LA'KEHUNAH - from [the widows of] those whose
offspring are fit to marry Kohanim
2. The verse is to be interpreted figuratively, that he "sat himself down"
in fervent preyer, but did not actually sit at all.
3. There was a chair prepared for King David *just outside* of the Azarah,
to which this verse is referring.
21) [line 19] NAHAGU KOHANIM SILSUL B'ATZMAN - the Kohanim adopted a more
stringent position of dignity with regard to who they would marry
22) [line 21] BA LIMALECH - if he comes to ask
23) [line 24] HA'OMER BENI ZEH MAMZER (NE'EMANUS HA'AV)
(a) The verse states, regarding a Bechor (firstborn), "Ki Es ha'Bechor...
*Yakir*," meaning the father should "recognize" the Bechor (Devarim 21:17).
From the word "Yakir" the Chachamim learn that we may rely on the word of
the father (i.e., his "recognition" of the son) to determine which son is
(b) According to Rebbi Yehudah (in the Gemara below) we also learn from this
word that if the father is a Kohen, we may rely on his affirmation to
determine whether or not his son was born from a divorcee or Chalutzah,
making him a Chalal, (who is not valid to serve in the Beis ha'Mikdash like
other Kohanim). In our Mishnah, Rebbi Yehudah extends this believability to
a father who claims that his son is a Mamzer. The Chachamim argue with Rebbi
Yehudah, maintaining that the father may only determine which of his sons is
the Bechor. He is not trusted to decide whether his son is of impure
24) [line 44] ADAM MAKNEH DAVAR SHE'LO BA LA'OLAM
There is a Machlokes Tana'im as to whether "Adam Makneh Davar she'Lo Ba
l'Olam" - "a person can acquire a thing that has not yet emerged into the
world," or not (Kedushin 63a). Some examples of things that have not yet
emerged into the world are the fruits that will grow on a tree or the goods
to be produced by one's wife.
25) [line 46] KESHE'HU GOSES - when the father is a Goses, a sick person who
is on the verge of death