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Prepared by Rabbi P. Feldman of Kollel Iyun Hadaf, Yerushalayim Rosh Kollel: Rabbi Mordecai Kornfeld
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Kidushin 81
KIDUSHIN 81 (7 Av) - has been dedicated to the memory of Dr. Simcha
Bekelnitzky (Simcha Gedalya ben Shraga Feibush) of Queens
N.Y., by his wife and daughters. G-dfearing and knowledgeable,
Simcha was well known in the community for his Chesed and
Tzedakah. He will long be remembered.
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1) BAD REPUTE
(a) (Rav): We lash a man and woman that are secluded, but we
do not forbid a woman (Rashi - to he husband; Tosfos - to
Kehunah) on account of seclusion.
(b) (Rav Ashi): We only lash a single girl that was secluded,
but not a married woman, lest people say that her
children are Mamzerim.
(c) Mar Zutra would lash (married women) and announce that
this was only for seclusion, not for relations.
1. Rav Nachman of Parhetya (to Rav Ashi): You should do
the same!
2. Rav Ashi: Perhaps someone will hear about the
lashes, but not the announcement.
(d) (Rav): We lash someone on whom there are constantly
rumors of immorality - "Cease my sons, for there are bad
reports".
(e) Mar Zutra would put a bridle on the shoulder of the
people he whipped, and read that verse.
(f) (Rabah): If a woman's husband is in town, there is no
problem of seclusion with her.
(g) (Rav Yosef): If there is an opening open to the public
domain, there is no problem of seclusion.
(h) Rav Bivi visited Rav Yosef; he asked that they remove the
ladder (so he should be unable to descend and be secluded
with Rav Yosef and Rav Yosef's wife.
(i) Question: But Rabah taught, if a woman's husband is in
town, there is no problem of seclusion!
(j) Answer: Rav Bivi was close with Rav Yosef's wife, so
Rabah's law does not apply.
(k) (Rav Kahana): If men are in an outer room, and women are
in an inner room, we are not concerned for seclusion (a
man would not enter the women's room);
1. If men are in an inner room, and women are in an
outer room, we are concerned for seclusion (perhaps
a man will enter the women's room).
(l) A Beraisa teaches just the opposite!
(m) Abaye: Out of doubt, we must be stringent and forbid
both.
(n) Abaye would make a wall of flasks (between the men and
women); Rava would make a wall of reeds.
(o) The worst time of year is the festivals (for men and
women are together, this results in sin).
2) EVEN GREAT TZADIKIM MUST BE CONCERNED
(a) Some women taken captive were redeemed and brought to
Nehardai; they were kept in the attic of Rav Amram the
Chasid; the ladder was removed.
(b) A beam of light reflected from one of the women; Rav
Amram was seized with lust - he moved the ladder to
ascend (which normally needs 10 people to move it). As he
was halfway up, he screamed 'There is a fire in Rav
Amram's house' - Rabanan flocked to his house.
1. Rabanan: You embarrassed us!
2. Rav Amram: It is better to suffer embarrassment in
this world than in the next.
(c) Rav Amram put an oath on his evil inclination, forcing it
to leave him - a pillar of fire left him.
(d) R. Meir used to scorn sinners. One day, the Satan
appeared to him as a woman on the other side of the
river. Since there was no boat, R. Meir tried crossing on
the planks holding a string stretched across the river.
When he was halfway across, the Satan abandoned him.
1. This was only because a voice from Heaven proclaimed
not to harm him, because the world needs his Torah.
(e) R. Akiva used to scorn sinners. One day, the Satan
appeared to him as a woman at the top of a date tree. R.
Akiva started climbing. When he was halfway up, the Satan
abandoned him.
1. This was only because a voice from Heaven proclaimed
not to harm him, because the world needs his Torah.
(f) Flimo used to taunt the Satan. One Erev Yom Kipur, the
Satan appeared as a poor man at the door; Flimo gave him
bread. The man asked to eat with him; he agreed. The man
was covered with boils, and was doing disgusting things;
Flimo asked him to sit nicely.
81b---------------------------------------81b
(g) The man asked for a cup of wine; he spit into it. Flimo
showed anger; the man appeared to die. Flimo heard people
saying 'Flimo killed a man'; he fled to a Beis ha'Kisei.
The Satan saw that Flimo was suffering; he revealed
himself.
1. The Satan: Why did you always taunt me?
2. Flimo: How else should I distance myself from you?
3. The Satan: You should ask Hash-m to save you from
me.
(h) Whenever R, Chiya bar Ashi would fall on his face in
supplication, he would ask Hash-m to save him from the
evil inclination. Once, his wife heard this; she was
surprised, for he had separated from her a long time ago
on account of old age.
(i) One day as he was learning outside, she disguised herself
and passed in front of him. He asked who she was; she
said she was the town harlot. He asked to sin with her.
(j) When he returned home, he wanted to kill himself. His
wife proved that it was her, still he fasted the rest of
his life, because he intended to sin.
(k) (Beraisa): "Her husband annulled her vow; Hash-m will
forgive her" - this speaks of a woman who (intended to)
transgress her vow, unaware that her husband annulled it.
1. R. Akiva would cry over this verse: one who intended
to sin and did not sin needs atonement and
forgiveness - how much the more so, one who intended
to sin and sinned!
(l) (Isi ben Yehudah): "He did not know, and transgressed, he
will bear his sin" - this should make everyone fear!
3) WITH WHOM IS SECLUSION PERMITTED?
(a) (Mishnah): A man may be secluded with his mother.
(b) (Rav Yehudah): A man may be secluded with his sister; he
may live with his mother or daughter.
(c) (Shmuel): It is forbidden to be secluded with all
forbidden women, even with an animal.
(d) Question (Mishnah): A male may be secluded with his
mother or daughter; he may sleep with them without
clothes.
1. This refutes Shmuel!
2. Counter-question (Shmuel - Beraisa): A sister,
mother-in-law, and all forbidden relations - a man
may only be secluded with them if witnesses are
there.
(e) Answer: We see, Tana'im argue regarding seclusion with
relatives.
1. (Beraisa): R. Meir would not be secluded with his
daughter, R. Tarfon would not be secluded with his
daughter-in-law.
2. A Talmid mocked them for this - shortly, he sinned
with his mother-in-law.
(f) (Shmuel): ...Even with an animal.
(g) Abaye and Rav Sheshes were careful not to be alone (some
say - not to let a shepherd be alone) with animals.
(h) R. Chanan asked Rav Kahana why he was learning with no
people around, only an animal.
1. Rav Kahana: I conduct as Shmuel - I just didn't
notice.
(i) (Rava): A man may be secluded with Leah and Rachel in all
of the following situations:
1. They are married to brothers, or to the same man;
2. Leah is Rachel's mother-in-law, or her step-mother
(Bach - or her husband's sister); (such women are
prone to hate each other - if 1 sinned, the other
would publicize it);
3. Leah is old enough to understand what relations are,
not old enough that she would consent to relations.
4) AT WHAT AGE ARE WE CONSIDERED FOR CHILDREN?
(a) (Mishnah): When they grow up, they must sleep in their
clothes.
(b) Question: What is considered having grown up?
(c) [Version #1 (Rav Ada bar Rav Aza): For a girl - above 9;
for a boy - above 12.]
(d) [Version #2: For a girl - above 12; for a boy - above
13.]
1. Both versions agree, we are only concerned for a
girl that has signs of Na'arus.
(e) (Rafram bar Papa): A girl that is embarrassed to stand
naked in front of her father is forbidden even before
this, for this shows that the evil inclination tempts
her.
(f) R. Acha bar Aba visited Rav Chisda (his father-in-law);
he picked up Rav Chisda's granddaughter.
1. Rav Chisda: She is Mekudeshes!
2. R. Acha: You transgressed Rav, who says that a man
should not Mekadesh his daughter until she matures,
and knows who she wants to marry!
3. Rav Chisda: You transgressed Shmuel, who says that
we do not use a woman!
4. R. Acha: I hold as another teaching of Shmuel - if
done for the sake of Heaven (e.g. to show the girl's
mother that I cherish her daughter), it is
permitted.
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