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KIDUSHIN 41

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SUMMARY

An angry person gains nothing from his anger and all he has from it is the anger itself.
 
A good person is given a taste of the fruit of his good deeds in this world.
 
One should disavow any benefit from someone who lacks Mikra, Mishnah and Derech Eretz.
 
A man may use a Shali'ach to be Mekadesh a woman and a woman may use a Shali'ach to accept her Kidushin.
 
A father may be Mekadesh his daughter who is a Na'arah.
 

 
It is preferable to perform a Mitzvah oneself without using a Shali'ach. (1)
 
It is forbidden to be Mekadesh a woman without seeing her first. (2)
 
It is permitted for a woman to use a Shali'ach to accept Kidushin even though she has not seen the Chasan. (3)
 
A father may not be Mekadesh his daughter while she is a Ketanah. (4)
 
A Shali'ach may appoint a second Shali'ach in his place.
 
A Get may be given against the will of the wife.
 
If a person is a Shali'ach to separate Terumah he shall separate it in accordance with the generosity of the owner. (5)
 

 
If the Shali'ach is not familiar with the generosity for the owner he shall separate a medium amount of 1/50th, however if he separates 1/40th or 1/60th it is a valid separation of Terumah.
 
Terumah may be separated with Machshavah; one may eye the Terumah on one side and than eat from the other side
 
If a Chaburah lost their Korban Pesach and appointed one of the members of the Chaburah to find the Pesach and slaughter it for them if he found the Pesach and Shechted it and the remaining members of the Chaburah also Shechted a Pesach, if his Pesach was Shechted first all of them eat from his Korban Pesach. (6)
 
If a person is Makdish something with Machshavah it is Hekdesh. (7)
 
A person may not appoint a Nochri as a Shali'ach.
 
A woman may not appoint a Nochri servant to receive her Get because the Dinim of Gitin and Kidushin don't apply to a servant.
 
If a Nochri separates Terumah from his own produce and it gets mixed in with Chulin it is forbidden to a non-Kohen and if a non-Kohen eats the Terumah b'Shogeg he is Chayav a Chomesh. (8)
 
If a sharecropper or a caretaker or anyone besides the owner of the produce separates Terumah without being appointed a Shali'ach it is not a valid Terumah.

A BIT MORE

1. Rav Safra and Rava themselves preformed tasks l'Kavod Shabbos
 
2. Because of the possibility that he will find her unattractive.
 
3. A woman prefers a marriage even with an unattractive husband rather than being single.
 
4. He must wait until she is a Gedolah and gives her consent to the Kidushin. However if he is Mekadesh her it is a valid Kidushin.
 
5. If he knows that the owner is generous he should separate with a good eye, 1/40th, if he knows the owner is stingy he should separate with a bad eye, 1/60th.
 
6. Since they made him into a Shali'ach for them they are all included in his Korban Pesach and their Korban Pesach is Pasul.
 
7. If a person thinks to himself that this animal shall be an Olah the animal is an Olah
 
8. R. Shimon argues and he holds that the Terumah of a Nochri is not Terumah at all.

BRIEF INSIGHT

A MITZVAH FOR A WOMAN
 
The Gemara says that it is preferable for a woman to accept a Kidushin herself rather than by means of a Shali'ach because it is a greater Mitzvah to do a Mitzvah oneself without a Shali'ach. The Ran asks that marriage is only a Mitzvah for a man, not a woman, because a woman is not commanded in the Mitzvah of Peru u'Rvu. The Ran answers that it is still a Mitzvah for her to marry because she is helping the man perform his Mitzvah. The Korban Nesanel answers that although the Mitzvah of Peru u'Rvu does not apply to a woman, however the Mitzvah of Sheves (settling the world) does apply to her.

QUICK HALACHAH

KIDUSHIN BY MEANS OF A SHALI'ACH
 
A person may appoint a Shali'ach to be Mekadesh a woman whether he specifies the woman or he instructs her to be Mekadesh any woman. The Shali'ach shall say 'you are Mekudeshes to Ploni.' However, if it is possible for the man to be Mekadesh the woman her himself it is forbidden to Mekadesh her by means of a Shali'ach unless he already knows her because of the concern that he will find her unattractive. However, even if he already knows her it is a Mitzvah to be Mekadesh her himself if possible. (Shulchan Aruch EH 35:1)
 
Only regarding a Mitzvah do we say that it is a Mitzvah to do it oneself without a Shali'ach, however regarding the Berachah on a Mitzvah one may l'Chatchilah allow another to recite the Berachah. (Chelkas Mechokek)

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