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KIDUSHIN 46

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SUMMARY

If a Ketanah accepts Kidushin without the Da'as of her father both she and her father may retract, while R. Asi holds that only her father may retract, but not the Ketanah .
 
When a girl is seduced, if either her father or the girl refuses to marry him he must pay a Knas of fifty Kesef.
 
If the girl chooses to marry the seducer he must be Mekadesh her with the Da'as of the father.
 
If someone says to a woman Hiskadshi with this date, Hiskadshi with this date, it is only a Kidushin if one of the dates is worth a Perutah without combining it with the others. (1)
 
If he says Hiskadshi with this date and with this date and with this date if all of the dates combine to be worth a Perutah it is a Kidushin.
 
If she starts eating the dates before she receives all of them if one of the dates is worth a Perutah she is Mekudeshes. (2)
 
Is someone is Mekadesh a woman with a loan that she owes him it is not a Kidushin.
 
If someone is Mekadesh a woman with a loan and also a Perutah her Da'as is to be Niskadshah with the Perutah and therefore even though the loan may not be used for the Kidushin it is a valid Kidushin.
 
If someone gives money to a woman for Kidushin and the Kidushin is not consummated the money is regarded as a loan and she must pay it back.
 
If someone is Mekadesh his sister with Kesef, according to Rav the money is a Pikadon and must be returned, while Shmuel holds that the money is a gift and need not be returned.
 
If someone separates Chalah while it is still flour it is not Chalah and if he gave it to the Kohen it is regarded as Gezel in the hands of the Kohen. (3)
 
If someone separates Terumah from a perforated flowerpot for Tevel that grew in an imperforated flowerpot it is Terumah however the Terumah may not be eaten until Terumah and Ma'asros are separated from it. (4)
 
If someone separates Terumah from a non-perforated flowerpot for Tevel that grew in a perforated flowerpot it is Terumah, however he must separate Terumah again for the perforated flowerpot.
 
If someone separates Terumah and it turns out that the Terumah that he separated is spoiled it is Terumah, but he must separate Terumah again.
 
If someone separates Terumah from bad produce for Tevel of good produce it is Terumah b'Dieved.

A BIT MORE

1. This is in accordance the opinion of R. Shimon who holds that unless a separate Lashon Shevu'ah is used for each denial of a Pikadon he is only Chayav one Korban Shevu'ah.
 
2. Rav and Shmuel hold that this is referring to a case that he said Hiskadshi with this date, Hiskadshi with this date; even though she ate the dates as soon as they were given one of the dates must be worth a Perutah without combining it with the other dates. R. Asi holds that this is referring to the case of the Seifa where he said Hiskadshi with this date and with this date and with this date, if she eats the dates the ones that she ate are a loan and only the dates that are not eaten combine for a Shaveh Perutah.
 
3. Even though a person knows that one may not separate Chalah while it is still flour and he must have given it to the Kohen as a gift, however the Kohen may not keep it because of the concern that the Kohen will not realize that the Chalah that he received is not actually Chalah and it is still Tevel and he may mix it with his own dough and he it will combine for the Shi'ur of Chalah and the Koehn will think that it does not count toward the Shi'ur and he will not separate Chalah. Alternatively we are concerned that if we allow the Kohen to keep the Chalah maybe the Yisra'El who gave the Chalah to the Kohen will think that his dough is Chulin and it is not necessary for him to separated Chalah again.
 
4. Produce that grows in a perforated flowerpot is Chayav in Terumah and Ma'aseros mid'Oraisa, while produce that grows in an imperforated flowerpot is Chayav in Terumah only mid'Rabanan, therefore one may not separate Terumah from one for the other.

BRIEF INSIGHT

A LOAN OF DATES
 
The Mishnah states that if a person is Mekadesh a woman with dates she starts eating the dates before she receives all of them; if one of the dates is worth a Perutah she is Mekudeshes. The Gemara asks that if this is referring to the case of the Seifa even if the first date is worth a Perutah she is not Mekudeshes because it is a loan. The Chochmas Shlomo asks that even if it was possible to be Mekadesh a woman with a loan it cannot be referring to the Seifa because why is it necessary for the first date to be worth a Perutah, if all of the dates combine for a Perutah it should be a valid Kidushin. The Chochmas Shlomo answers that even if it was possible to be Mekadesh a woman with a loan it would not be possible to combine the first date that was already eaten unless it was worth a Perutah. In order to combine a number of dates for a Perutah they must all be in front if us but if one of them has already been eaten it cannot be combined.

QUICK HALACHAH

CHALAH THAT IS GEZEL
 
If someone separates Chalah from flour, it is not Chalah, and it is Gezel in the hands of the Kohen and the remaining dough is Chayav in Chalah. If the Chalah that was separated while it was flour is the amount of an Omer (the minimum Shi'ur for Chalah) and he made it into dough it is Chayav in Chalah. However, if when he separated Chalah from the flour he said that when it is made into dough it shall be Chalah his words are effective. (Shulchan Aruch YD 327:1)

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