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|KIDUSHIN 27 - Dedicated l'Iluy Nishmas Reb Naftali ben Reb Menachem Mendel Bodner Z"L, by his wife Alice Bodner. A man who loved Chesed, Tuli Bodner applied his many talents to help everyone he knew in any way he could. His cheerful greeting is missed by all who knew him.|
If someone is instructs a Shali'ach to make a Kinyan on Karka for Ploni and to write for him a Shtar he may not retract from the Kinyan on the field but he may retract from the Shtar. (1)
If someone is instructs a Shali'ach to make a Kinyan on Karka for Ploni on condition that a Shtar is written for him he may retract from both the Kinyan on the field and the Shtar. (2)
A Shtar Mechirah may be written for the seller even though the buyer is not present.
If the seller of a field writes a Shtar Mechirah prior to the Kinyan of the field as soon as the buyer makes a Chazakah on the field he is Koneh the Shtar wherever it might be.
It is not necessary for the objects that one is Koneh with a Kinyan Agav to be on the Karka at the time of the Kinyan.
One may not be Koneh movable object together with Karka with Kesef Shtar or Chazakah unless the Makneh instructs him to be Koneh with Agav.
One may be Koneh movable object together with Karka with a Kinyan Agav even if the moveable objects are a gift and the field is a purchase.
It is a Safek if one may be Koneh movable objects with Kinyan Agav if the Kinyan on the Karka is for someone else.
Rava says that one is only Koneh movable objects with a Kinyan Agav with a Chazakah on the Karka if he gave the money for all of the movable objects. (4)
Hekdesh and Ma'aser Sheni may be redeemed with Kesef but not with a Shtar.
A Jewish Eved may be acquired with Kesef or Shtar but not with Chazakah.
If a person is buying ten fields in ten countries as son as he makes a Chazakah on one of them he is Koneh the others. (5)
Gilgul Shevu'ah (if a person is Chayav a Shevu'ah for one thing he may be forced to swear for other things) is Min ha'Torah.
A Sotah must say Amen –Amen to the Shevu'ah of the Kohen, Amen on the Alah and Shevu'ah, Amen for this person or another person, Amen for an Arusah, Nesu'ah Shomeres Yavam and Kenusah. (6)
If an Arusah or Shomeres Yavam become a Sotah they do not drink from the Mei Sotah but they don't receive a Kesuvah. (7)
The Mei Sotah is only effective if the husband did not sin by having relations with his wife after she became a Sotah.
A BIT MORE
1. Once the Kinyan is made on the field he may not retract from the Kinyan but he may retract from the Shtar if it had not yet been given to t6eh recipient.
2. Because the Kinyan on the field was on condition that a Shtar is written for him and once he retracts from the Shtar on the condition is not fulfilled and therefore the Kinyan ion the field is Batel.
3. However if the land is being sold because of its poor quality a Shtar alone is a sufficient Kinyan; since the seller is eager to get rid of it he is Makneh the field with the Shtar even before he received the Kesef.
4. If he only gave part of the money he is only Koneh in accordance with the amount of money that he gave.
5. However, he is only Koneh all of the fields only if he gave money for all of them, if he only gave part of the money he is only Koneh in accordance with the amount of money that he gave.
6. Although an Arusah does not drink the Mei Sotah if she became a Sotah as a Nesu'ah by means of a Gilgul Shevu'ah she is forced to say Amen on Znus when she was an Arusah.
7. Her husband must divorce her because once she becomes a Sotah she is forbidden to her husband; she does not receive a Kesuvah because it is her fault that she is forbidden to her husband.
Rava says that one is only Koneh movable objects with a Kinyan Agav with a Chazakah on the Karka if he gave the money for all of the movable objects. The Atzmos Yosef says that if they made a condition that he is Koneh without giving the Kesef he is Koneh with the Chazakah even though he didn't give the Kesef. The reason is that the Ritva says that anytime the buyer ands seller make up that to be a Koneh with a certain Kinyan even though it is not a valid Kinyan
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