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|KIDUSHIN 13 - Dedicated by Rabbi Dr. Eli Turkel of Ra'anana, Israel, in memory of his grandparents, Reb Shlomo ben Eliezer Lipa ha'Levi Turkel (whose Yahrzeit is on 21 Tishrei, Hoshana Raba) and Rachel Turkel.|
If someone originally gave money for a Pikadon and than he says that he wants to be Mekadesh her with the money her silence does not constitute acquiescence.
If someone grabs a Sela from her hands and is Mekadesh her with it if they had been discussing the Shiduch previously it is a Kidushin but if not it is not a Kidushin.
If someone tells a woman take this Sela that I owe you and than he says I want to be Mekadesh you with it, if at the time of the Nesinah if she agrees to the Kidushin it is a valid Kidushin. (1)
If he tells her take this Sela that I owe you and after the Nesinah he says I want to be Mekadesh you with it, even if she agrees to the Kidushin it is not a Kidushin.
A Kinyan Kesef on land is not valid with less than a Shaveh Perutah.
A Kinyan Chalipin is valid even with a utensil that is worth less than a Perutah.
Anyone who is not an expert on Gitin and Kidushin should not involve himself with them and if he does so it worst that the generation of the Mabul.
Water creatures did not die in the Mabul.
A woman who gave birth and brought her Chatas and before she brought her Olah she died her inheritors shall bring her Olah.
Shmuel says that her inheritors shall only bring her Olah if she separated the Olah before she dies. (2)
R. Yochanan says that even if she did not separate her Olah her inheritors are obligated to bring it for her. (3)
Rav and Shmuel hold that an oral loan may not be collected from the inheritors or buyers of the borrowers, while Reish Lakish and R. Yochanan argue.
R. Papa says that the Halachah is that an oral loan may be collected from the inheritors of the borrower but not from the buyer because it does not have a Kol. (4)
Pesulei Mukdashim (Kodshim that was redeemed) is forbidden in shearing and doing work with it but one who benefits from it is not Chayav a Korban Me'ilah.
A BIT MORE
1. However if she is silent it is only a valid Kidushin if they had been discussing the Shiduch previously.
2. Shmuel holds that Shibud is not mid'Oraisa and therefore if she didn't separate her Olah her inheritors are not obligated to bring it.
3. R. Yochanan holds that Shibud is mid'Oraisa.
4. R. Papa holds that Shibud is mid'Oraisa but the Rabanan made a Takanah for the good of the buyer because an oral loan does not have a Kol and he did not know that there was a lean on the property that he bought.
WORST THAN THE GENERATION OF THE MABUL
The Gemara says that someone who is involves himself with Gitin or Kidushin without sufficient knowledge is worst for the world than the generations of the Mabul. The Maharsha asks why is it worst than the generation of the Mabul. Although their lack of sufficient expertise may cause the prohibition of Eshes Ish to be transgressed, it is only a Shogeg, while in the generation of the Mabul they transgressed the prohibition of Eshes Ish b'Mezid and the prohibition of Eshes Ish applies to the Bnei Noach. The Maharsha answers that at the time of the Mabul the concept of Mamzerus did not apply while for Klal Yisrael if an Eshes Ish remarries even b'Shogeg the child will be a Mamzer and therefore it is worst that the generations of the Mabul.
A CHATAS AND AN OLAH
A woman who brought her Chatas and subsequently died her inheritors shall bring her Olah. Even though she did not separate the Olah before she died her property is already Meshu'abad to the Korban and Shibud is Min ha'Torah. (Rambam Hilchos Mechusrei Kaparah 1:13)
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