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|KIDUSHIN 42 (14 Nisan) - dedicated by Mr. D. Kornfeld l'Iluy Nishmas his grandmother, Chayah bas Aryeh Leib Shpira (nee Sole), on the day of her Yahrzeit.|
R. Yonasan says that all of Klal Yisrael may be Yotzei with one Korban Pesach. (1)
Only a Gadol may make a Kinyan on a Korban Pesach and be Zocheh it for all of the members of the Chaburah.
It is a Machlokes Tana'im if a Korban Pesach may be Shechted for only one individual.
A Katan may not appoint a Shali'ach.
A person may be Zocheh for others without their presence for something that is a merit for them even if there is a possibility that it will turn out to be a Chov.
A Beis Din may appoint a custodian to split up an inheritance among orphans who are Ketanim.
If one of the orphans protests at a later time that he is unhappy with the portion that he received by the custodian it is a Machlokes if we retract the allocation. (2)
If Beis Din errs in their assessment of the value of the property of a borrower by a sixth the Tana Kama holds that the sale of the property is invalid.
R. Shimon Ben Gamliel holds that the sale of the property is valid because otherwise it would detract from the authority of the Beis Din.
When brothers divide up an inheritance the Dinim of Ona'ah apply and if one of the brothers received more than a sixth extra or more than a sixth less the allocation is invalid. (3)
If a Shali'ach was appointed to divide up the inheritance even if the brother received less than a sixth more or less than the other brothers the allocation is invalid. (4)
If when the brothers divide up an inheritance they agreed that the assessment of the property will be done with a Beis Din even if they err in the assessment by more than a sixth the allocation is valid. (5)
The Dinim of Ona'ah does not apply to Karka.
If when the inheritance was divided up they measured the property incorrectly even if the mistake was less than 1/6th the allocation is retracted, even for Karka.
Rabah says any mistake that is made in measurement weight or number even if the mistake is less than 1/6th the purchase is not valid.
If someone sends a fire with a deaf-mute, Shoteh, or Katan and it causes damage the sender is Patur b'Dinei Adam and Chayav b'Dinei Shamayim.
If someone sends a fire with a Pike'ach (a competent Gadol) and it causes damage the Pike'ach is Chayav.
A Shali'ach for an Aveirah is not regarded as a Shali'ach. (6)
If someone unintentionally gives a Shali'ach money from Hekdesh to buy something for him, if the Shali'ach carried out the Shelichus correctly the Ba'al ha'Bayis is Chayav a Korban Me'ilah. (7)
If the Shali'ach did not carry out the Shelichus correctly the Shali'ach is Chayav a Korban Me'ilah. (8)
Beis Shamai says that if a Shomer even thinks to use a Pikadon in an unauthorized manner he is Chayav even for Onsim even is he is a Shomer Chinam.
Beis Hillel holds that a Shomer is not Chayav for Onsim unless he actually went ahead and used the Pikadon in an unauthorized manner.
Beis Hillel says that if the Shomer instructs his servant or his Shali'ach to use a Pikadon in an unauthorized manner the Shomer is Chayav even for Onsim.
A BIT MORE
1. Even though there is less than a K'Zayis of meat for each one, R. Yonasan holds that eating the Korban Pesach is not Me'akev (it is Kosher without it)
2. Shmuel holds that if he protests because he does not like the location of his portion we retract the allocation; however R. Nachman holds that we do not retract because if we would retract it would detract from the authority of Beis Din.
3. If one brother received less than a sixth more or less than the others the allocation is valid, if one of them received exactly a sixth more or less the allocation is valid but difference must be made up.
4. Because a Shali'ach that errs is no longer a valid Shali'ach because the Meshale'ach may say “you are my Shali'ach only if you do things right not if you err.”
5. This is in accordance with the opinion of R. Shimon Ben Gamliel who holds that the assessment of Beis Din is valid because otherwise it would detract from the authority of Beis Din.
6. Because the Shali'ach should not have agreed to carry out the Shelichus; Divrei ha'Rav v'Divrei ha'Talmid, who should you listen to?
7. Me'ilah is an exception to the rule that a Shali'ach for an Aveirah is not regarded as a Shali'ach.
8. Since he did not carry out the Shelichus as instructed he is no longer a Shali'ach and therefore he is the one that is Chayav a Korban Me'ilah.
SHELICHUS FOR A KATAN
The Gemara says that even though a Katan may not appoint a Shali'ach we may be Zocheh for a Katan for something that is a Zechus. The Rishonim ask (Ran, Rashba) that Zechiyah works with the concept of Shelichus and if a Katan may not appoint a Shali'ach we may not be Zocheh for him either even if it is a Zechus. The Netziv answers that for something that is an absolute Zechus we can be Zocheh for someone even without Shelichus. Zechiyah works by means of Shelichus only for something that is not an absolute Zechus. For something that is an absolute Zechus Shelichus is not needed. We find the same concept with regards to Yi'ush She'Lo m'Da'as. Even though Yi'ush She'Lo m'Da'as is not Yi'ush, however if a river floods away an object it is regarded as Yi'ush even though it is Yi'ush She'Lo m'Da'as because it is an absolute Yi'ush .
A GENEROUS GIFT
If someone is Mezakeh a gift to Ploni by means of a third party as soon as the third party is Machzik on the property or the Shtar the recipient is Zocheh in the property and the benefactor may not retract. The recipient has the upper hand and if he wants to keep the gift he may do so and if he refuses the gift he may do so as well, however this is only the case if the benefactor said to the third party Zachah in this gift for Ploni, but if he said take this gift for Ploni he may retract, if the recipient has not yet received it. However if the recipient is poor he may not retract if it is a small gift and even if he is not poor it is regarded as Mechusar Emunah if he backs out. (Shulchan Aruch CM 243:1, 2)
A person may not retract if he promises a gift to a poor person because when one is giving something to Hekdesh no Kinyan is necessary. (Tur)
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