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KIDUSHIN 50

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SUMMARY

If someone is Chayav a Korban and refuses to bring it Beis Din applies pressure on him until he says that he wants to bring the Korban.
 
If someone is Chayav to gives his wife a Get and he refuses to give the Get Beis Din applies pressure on him until he says that he wants to give the Get.
 
If someone is Mekadesh a woman and he is under the impression that she is a Kohenes or a Liviyah or a poor woman or rich woman and it turned out to be false it is a valid Kidushin because she did not deceive him.
 
If someone is Mekadesh a woman on condition that he is a Kohen or a Mamzer and it turned out to be false it is not a valid Kidushin even if she says that she had in mind to accept the Kidushin no matter what.
 
If someone instructs a Shali'ach to bring him money [of Hekdesh] from the window the Meshale'ach must bring a Korban Me'ilah even if he claims that he had in mind the money from a different purse. (1)
 
A Korban Me'ilah is only brought for a Shogeg, not for a Mezid.
 
If someone instructs a Shali'ach to spend money of Hekdesh and before the Shali'ach spent it the Meshale'ach remembered that it was Hekdesh, if the Shali'ach did not remember he is the one who brings the Korban Me'ilah. (2)
 
Rava says that if someone sells his property because he is moving to Eretz Yisrael if he moved but it didn't work out and he returned he may retract the sale. (3)
 
According to the second version of Rava once he moved to Eretz Yisrael he may not retract the sale even though he was forced to return.
 
R. Ashi says that if someone sells his property because he is moving to Eretz Yisrael if he decided in the end not to move he may not retract the sale.
 
According to the second version of R. Ashi if an Ones prevented him from moving he may retract his sale.
 
If a person instructs a Shali'ach to be Mekadesh a woman in a certain place if the Shali'ach is Mekadesh her in a different place it is not a Kidushin.
 
If he tells the Shali'ach that she happens to be in a certain place if the he is Mekadesh her in a different place it is a valid Kidushin.
 
If a person instructs a Shali'ach to give a Get to his wife in a certain place, if he gives the Get in a different place it is not a Get.
 
If he tells the Shali'ach that she happens to be in a certain place if the Shali'ach gives the Get in a different place it is a valid Get
 
If a person is Mekadesh a woman on condition that she does not have Nedarim or Mumim if she has Nedarim or Mumim it is not a Kidushin.
 
If he married her Stam and she has Nedarim or Mumim she may be divorced without giving her a Kesuvah.
 
If a person is Mekadesh two women with one Perutah, or he is Mekadesh a woman with less than a Perutah even he subsequently sent presents to her it is not a Kidushin. (4)
 
If a Katan is Mekadesh a woman even if he sent her presents after he is a Gadol it is not a Kidushin.
 
Rabah and R. Huna say that if a Shiduch was discussed and subsequently he sends the woman a present it is a Safek Kidushin. (5)
 
R. Papa says that if he sends the woman a present in a place that the majority of people send presents after a Kidushin she is Safek Mekudeshes.
 
R. Ashi says if a woman has in her possession a Kesuvah, if it is in a place that the Minhag is to write the Kesuvah only after the Kidushin she is Safek Mekudeshes. (6)
 
If someone is Mekadesh a mother and daughter or two sisters with one Kidushin neither one is Mekudeshes. (7)
 
Rabah says that anything that cannot be done one after the other may also not be done at the same time.

A BIT MORE

1. Regarding Me'ilah the Din is that Yesh Shali'ach l'Devar Aveirah, therefore if he instructed the Shali'ach to bring him money without realizing that the money was Hekdesh, if the Shali'ach carries out the Shelichus properly the Meshal'each is Chayav a Korban Me'ilah. Even if the Meshal'each claims that he had in mind that the Shali'ach should take money from a different purse he is still Chayav because words in the heart are meaningless.
 
2. Once the Meshale'ach remembered he is Mezid and no longer culpable for a Korban Me'ilah, therefore the Shali'ach is the one who is culpable for the Korban Me'ilah.
 
3. He spoke out at the time of the sale that he is selling because he plans on moving to Eretz Yisra'El and therefore he may retract.
 
4. Because we don't assume that the presents are being sent for the Kidushin instead the assumption is that the presents are being sent Al Da'as the original Kidushin and since the original Kidushin was less than a Perutah she is not Mekudeshes.
 
5. It is a Safek that maybe he sent the presents for Kidushin. Even though the Mishnah states that we aren't concerned that he sent the presents for Kidushin, that is because he had previously been Mekadesh her and he may not have known that it was not an effective Kidushin, but in this case he had not yet been Mekadesh her.
 
6. Even in a place that it is difficult to find a scribe she is Safek Mekudeshes and we don't say that maybe because of the difficulty to find a scribe they wrote the Kesuvah prior to the Kidushin.
 
7. Since one may not be Mekadesh one after the other if he was Mekadesh them both at the same time it is not a Kidushin because anything that cannot be done one after the other may also not be done at the same time.

BRIEF INSIGHT

THE RIGHT PLACE FOR KIDUSHIN
 
If a person instructs a Shali'ach to be Mekadesh a woman in a certain place if the Shali'ach is Mekadesh her in a different place it is not a Kidushin. The Gemara says that he is concerned that in other places people will talk badly of him. The Maharik says that his concern is that they will talk badly of him after the Kidushin and she may be dissuaded from marrying him, however if his concern is that they will dissuade her from accepting the Kidushin if the Shali'ach is Mekadesh her in a different place it is a valid Kidushin because his concerns have been allayed. However the Mishneh l'Melech disagrees and he says that since he instructed the Shali'ach to be Mekadesh her in a certain place he is not a Shali'ach to be Mekadesh her anywhere else even if the rationale turns out to be unfounded.

QUICK HALACHAH

FOLLOWING INSTRUCTIONS
 
If a person instructs a Shali'ach to be Mekadesh a woman and the Shali'ach was Mekadesh her with a condition it is not a Kidushin. So too, if he instructed the Shali'ach to be Mekadesh her with a condition and the Shali'ach was Mekadesh her Stam, or with a different condition, or he changed the condition it is not a Kidushin. If he instructed the Shali'ach to be Mekladesh her in a certain place and he was Mekadesh her in a different place it is not a Kidushin. If he told the Shali'ach be Mekadesh her and she happens to be in a certain place if he was Mekadesh her in a different place it is a Kidushin because he was only pointing out her location. (Rambam Hilchos Ishus 7:20, 21)

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