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|KIDUSHIN 28 (7 Cheshvan) - in honor of the Yahrzeit of ha'Gaon Rav Meir Shapiro, creator of the Dafyomi study cycle. (See www.dafyomi.co.il/dafyomi.htm for links relating to the life of the Rav and to his Yahrzeit.)|
A woman only drinks the Mei Sotah if two witnesses testify that she was in seclusion with the man.
If one witness testifies that a person is Chayav money he must take a Shevu'ah.
A person may force someone to swear with a Gilgul Shevu'ah even though his claim is only a Safek.
If someone calls his friend a servant he is excommunicated; if he calls him a Mamzer he is punished with Malkus.
If someone calls his friend a Rasha it is permitted to take away his livelihood.
Rava holds that when a person buys a Jewish servant he has a Kinyan on the Guf (body) of the servant.
A person can make his friend swear with a Gilgul Shevu'ah on the claim that he bought his friend as a servant. (1)
Anything of value may be used for a Kinyan Chalipin; once the Kinyan is made on the item the trade is final and they may not back out. (2)
An example of Chalipin is an ox that is traded for a donkey; once a Kinyan is made on the ox the he is Koneh the cow wherever it may be. (3)
R. Sheshes holds that fruit may be used for Chalipin, while R. Nachman argues.
R. Yochanan holds that Min ha'Torah a Kinyan Kesef is Koneh even for movable objects; however the Rabanan decreed that Meshichah is Koneh instead. (4)
A decree of the Rabanan do not apply to an unusual situation.
Reish Lakish holds that Meshichah is Koneh Min ha'Torah.
When the treasurer of Hekdesh gives money for an item it is a Kinyan, while a Hedyot is only Koneh with Meshichah.
An Amirah to Hekdesh is like a Mesirah to Hedyot; if someone says this ox shall be an Olah or this house shall be a Hekdesh even if it is on the other side of the world Hekdesh is Koneh.
A BIT MORE
1. However without a Gilgul Shevu'ah he cannot make him swear because a Jewish servant is like Karka since he has a Kinyan on the Guf of the servant and one does not have to take a Shevu'ah on Karka.
2. All objects may be used for Chalipin even something that is not a utensil with the exception of a coin.
3. And he is responsible if an Ones happens to the cow even though he has not made any Kinyan on the cow.
4. Because of a Gezeirah that if Kesef was Koneh and the wheat that is being sold is still in the house of the seller and there is a fire in his house he will not bother to save the wheat because it is already in the Reshus of the buyer. Therefore the Rabanan decreed that Meshichah is Koneh and consequently the seller will save the wheat because it is still in his Reshus.
MAMZER BEN MAMZER
If someone calls his friend a servant he is excommunicated; if he calls him a Mamzer he is punished with Malkus. The Ri Migash says that if someone calls his friend a Mamzer Ben Mamzer he is punished twice with Malkus since he insulted both the person and the father. Even though once he calls the father a Mamzer the son is automatically a Mamzer, however since it is possible for the son to be a Mamzer and not the father it is regarded as two separate insults and he is punished twice. The Maharam Alshakar says that if someone says to his friend that I am not a Mamzer, the implication is that you are a Mamzer and it is as if he said explicitly to his friend that you are a Mamzer and he is Chayav Malkus. (Atzmos Yosef)
All Metaltelin are Koneh each other with Chalipin. It is not necessary to say [that it is a Kinyan] if the Makneh is not Makpid about the value of the object that is used for the Chalipin, akin to a Kinyan Sudar, that it is a Kinyan Gamur for everything except for coins and something that is not tangible, but even if he is Makpid about the value of the object that is being used, akin to a Kinyan Damim, even so it is a valid Kinyan. What is the case? If two people decide to trade a cow for a donkey and they evaluate their worth, once the owner of the cow did a Meshichah on the donkey the owner of the donkey is Koneh the cow wherever it may be and neither one of them may back out. (Shulchan Aruch CM 203:1)
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