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|KIDUSHIN 45 (24 Cheshvan) - dedicated by Dr. Moshe and Rivkie Snow in memory of Rivkie's father, the Manostrishtcher Rebbe, Hagaon Rav Yitzchak Yoel ben Harav Gedaliah Aharon Rabinowitz Ztz"l, Rav of Kehilas Nachalas Yehoshua in Canarsie, NY. A personification of the Torah scholar of old, the Ukranian-born Rebbe lived most of his life in the United States where his warm ways changed many lives.|
Everyone agrees that a father may sell his daughter for a maidservant to a Kohen Gadol even if she is a widow or to a Kohen even if she is a divorcee. (1)
A father may not sell his daughter after he had previously accepted Kidushin for her
Rebbi Yosi Bar Yehudah holds that the Kesef Kidushin for Kidushei Yi'ud is not the money that was originally given to the father [but rather the remaining servitude that she owes him] (2)
If a Ketanah accepted Kidushin without the knowledge of her father and after her husband died the Yavam did Ma'amar, she requires a Get, Chalitzah and Mi'un. (3)
If the Yavam did not do Ma'amar she only requires Chalitzah, not Mi'un. (4)
The sister of a divorcee is forbidden mid'Oraisa and the sister of a Chalutzah is only forbidden mid'Rabanan
If a father is Mekadesh a woman for his son it is not a Kidushin at all and we are not concerned that maybe the son approves of the Kidushin.
A son does not have the Chutzpa to make his father into a Shali'ach.
Ravina holds that if a Ketanah accepts Kidushin without the knowledge of her father it is not a Kidushin at all and we are not concerned that maybe the father approve of the Kidushin
Even according to the opinion who holds that we are concerned that maybe the father approved of the Kidushin of a Ketanah, however if she accepted a dishonorable Kidushin that is it is definitely not a Kidushin. (5)
Even according to the opinion who holds that we are concerned that maybe the father approved of the Kidushin of a Ketanah, however if he already gave his approval to marry her off to someone else it is definitely not a Kidushin. (6)
If a father accepted Kidushin for his daughter and the daughter married the Chasan without the knowledge of her father, Rav says that if the Chasan is a Kohen she may eat Terumah until the father protests. (7)
R. Asi holds that she may not eat Terumah because of the concern that the father will object to the Chupah when he hears about it.
Rav agrees with R. Asi that if the Ketanah dies after she married without the knowledge of her father; the husband may not inherit her because the money remains in its Chazakah. (8)
If the father accepted Ketanah for his daughter and she marries in the presence of father and he does not protest, according to R. Huna she may not eat Terumah. (9)
R. Yirmeyahu Bar Abba holds that she may eat Terumah if her husband is a Kohen. (10)
If a is Niskadshah and also marries in the presence of father and he does not protest, according to R. Huna she may eat Terumah if her husband is a Kohen, while R. Yirmiyah Bar Abba argues. (11)
A BIT MORE
1. Even the Chachamim who hold that he may not sell his daughter to relatives agree that he may sell her to someone who is an Isur Lav since Kidushin is Tofes b'Dievd with an Isur Lav.
2. Therefore according to Rebbi Yosi Bar Yehudah when the master does Yi'ud with the maidservant it is not as if the father is marrying her off since the father did not accept any Kesef Kidushin and therefore if she is widowed from her master her father may subsequently sell her as a maidservant even though the Din is that a father may not sell his daughter for a maidservant after he accepted Kidushin for her
4. When a Yavam does Ma'amar (Kidushei Kesef or Shtar) with his Yevamah if he decides not to do Yibum she requires both a Get and Chalitzah in order to remarry. In this case since she is a Ketanah who accepted Kidushin without the knowledge of her father she also requires Mi'un because maybe when people see that she requires a Get they may think that it was a definite Kidushin and if the Yavam is Mekadesh her sister it is not even a Safek Kidushin therefore she requires Mi'un so people will understand it is only a Safek Kidushin and if the Yavam is Mekadesh her sister it is a Safek Kidushin and a Get is required.
4. Mi'un is not required because we are not concerned that people will think that the Chalitzah is a definite Chalitzah and that if the Yavam is Mekadesh her sister it is not even a Safek Kidushin because even if it is a definite Chalitzah the Kidushin of the Yavam is valid because the Isur of the sister of a Chalitzah is only mid'Rabanan.
5. If she accepted Kidushin in the Shuk, or she accepted a bunch of vegetables for her Kidushin it is a dishonorable Kidushin and the father certainly does not approve of the Kidushin.
6. Rava holds that only if he already made a Se'udah in order to marry her off to someone else it is definitely not a Kidushin, however if he had not yet made a Se'udah it is a Safek Kidushin. Abaye holds even if he didn't make a Se'udah it is not a Kidushin because once he gave his word to marry her off to someone else he will not retract.
7. Even though the Arusah of a Kohen may not eat Terumah until the Chupah and a Ketanah may not marry without the consent of her father since the father consented to the Kidushin we assume that he also consents to the Chupah.
8. Even though Rav allows her to eat Terumah that is because mid'Oraisa an Arusah may eat Terumah even before the Chupah, however when it comes to the inheritance we cant be Motzi Mamon m'Safek
9. Even according to Rav who holds that if she was Niskadshah by her father and she marries without his knowledge she may eat Terumah that is because her father was not present at the time of the Chupah and maybe he consents, however in this case since the father was present at the time of the Chupah and he was silent we assume that his silence indicates that he is angry and does not approve.
10. Even according to R. Asi who holds that if she was marries without the knowledge of her father she may not eat Terumah, however in this case since the father was present at the Chupah and did not protest his silence indicates approval.
11. Even though in a case that she was Niskadshah by her father she may not eat Terumah according to R. Huna, however in this case she may eat Terumah because she is like an orphan during the lifetime of her father; since she was Niskadshah in the presence of her father and he was silent for both the Kidushin and the Nisu'in, his silence must be acquiescence because if he was angry he would not have been silent long enough for her to do both Erusin and Nisu'in.
The Gemara says that if a son tells his father that he wants to be Mekadesh Plonis the father may be a Shali'ach to be Mekadesh her even though the son didn't explicitly appoint him as a Shali'ach. The Rosh learns out from here that it is not necessary for witnesses to testify that a Shali'ach was appointed by the Mekadesh, witnesses are only necessary for the actual Kidushin but not for the Minuy Shelichus. The Rosh also learns out from here that if someone tells his friend that he is interested to be Mekadesh Plonis and asks his friend to facilitate the Shiduch if his friend is Mekadesh her for him it is a valid Kidushin even though he didn't appoint his friend as a Shali'ach.
A REBELLIOUS KETANAH
If a Ketanah Bas Yisrael marries a Kohen without the Da'as of her father, whether it was in the presence of her father or not, and whether the father had previously Mekadesh her to this Kohen or not, she may not eat Terumah because if he protests she is a Zarah retroactively. That which he remained silent at the time of the Nisu'in was because he was angry at her for marrying without his permission. (Rambam Hilchos Terumos 8:16)
In the first case of the Gemara that she married without the presence of her father the Rambam Paskens like R. Asi and in the second case that she married in the presence of the father the Rambam Paskens like R. Huna and in the third case that she was Niskadshah and she married without the Da'as of her father the Rambam Paskens like R. Yirmiyah Bar Aba. (Kesef Mishneh)
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