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|KIDUSHIN 46-47 - Ari Kornfeld has generously sponsored the Dafyomi publications for this Daf for the benefit of Klal Yisrael.|
If a man says to a woman Hiskadshi with this date and with this date and with this date if she starts eating the dates before she receives all of the dates that she ate do not count toward the Kidushin. (1)
If he says Hiskadshi with these dates even if she eats the dates as soon as she receives them they count toward the Kidushin. (2)
If a man says to a woman Hiskadshi with these or he says Hiskadshi with this and with this and with this if all of them together are worth a Perutah she is Mekudeshes.
Rebbi holds that whether the husband says Hiskadshi with this, with this, or he says and with this, and with this it is regarded as a Prat and each one is a separate Kidushin.
Rav says that if someone is Mekadesh a woman with a loan that she owes him it is not a Kidushin because the money of the loan is hers to spend. (3)
If a man says to a woman Hiskadshi with a Manah and he gave her a Manah minus a Dinar it is a Machlokes Tana'im if it is a Kidushin. (4)
R. Elazar says that if a man says to a woman Hiskadshi with a Manah and he gave her a Dinar it is a Kidushin and he owes her the remaining 99 Dinarim. (5)
If a man says to a woman Hiskadshi with the Pikadon that I have by you, if it turns out that the Pikadon as stolen or lost, if one Perutah of the Pikadon is remaining she is Mekudeshes.
The Tana Kama holds that a loan may never be used for Kidushin, while R. Shimon Ben Elazar holds that if it had not yet been spent it may be used for Kidushin.
The Tana Kama holds that a lender may not retract a loan once it has been given, while R. Shimon Ben Elazar holds that if it has not yet been spent it may be retracted. (6)
Rabah says that everyone agrees that a person who borrows money or an object is Chayav for Onsim immediately even if the money or the object had not yet been used.
Rav says that if someone borrows a hammer the lender may retract until the borrower uses the hammer. (7)
R. Meir holds that a man may be Mekadesh a woman with a loan that is owed to him by others whether it is a loan with a Shtar or an oral loan, while the Chachamim disagree.
Rebbi holds that a person may be Makneh a Shtar Chov with the Mesirah of the Shtar, while the Chachamim hold that a Shtar Mechirah must be written along with the Mesirah of the Shtar.
R. Papa says that when a person sells a Shtar Chov he must say 'you shall be Koneh [the Shtar] with all of its Shibudim.'
A BIT MORE
1. The dates that she ate are regarded as a loan therefore they do not count toward the Kidushin
2. Since she ate the dates only after he already finished the Dibur of the Kidushin and she was already Mekudeshes as soon as she received the dates. Therefore it is regarded as if she ate her dates that she received for the Kidushin and it is not considered a loan. .
3. Since she is free to spend the money of the loan it is regarded as her money and therefore he is not giving her anything it that is not already hers.
4. According to one opinion it is a Kidushin because she can claim the missing Dinar later on, while the other opinion holds that she will be embarrassed to claim the missing DInar and therefore she does not anticipate ever receiving 5the money.
5. Everyone agrees that it is a Kidushin because when a woman is owed 99 Dinarim she is not embarrassed to claim it.
6. According to the Tana Kama since the lender may not retract it is no longer his and it may not be used for Kidushin, while R. Shimon Ben Elazar holds that if it is not yet been spent it remains in the possession of the lender and may be used for Kidushin
7. Even according to the Tana Kama who holds that a lender may retract even if the money had not yet been spent agrees that with regards to the loan of an object since the object must eventually be returned he may retract if it had not yet been used.
The Rambam states that if a person buys Karka with a Chov that is owed to him by the seller neither one of them may retract even though the money of the loan is not in existence at the time of the purchase. However the Ra'avad argues with the Rambam because the Gemara states that just like one may not be Mekadesh a woman with a loan so too one may not make a Kinyan a purchase with a loan. The Tosfos R'i ha'Lavan answers for the Rambam that our Gemara is in accordance with the opinion of Reish Lakish who holds that only a Kinyan Meshichah is Min ha'Torah, not a Kinyan Ma'os, and that which a Kinyan Ma'os is effective for the purchase of Karka is only if the Ma'os is in existence not a loan, however according to R. Yochanan who holds that a Kinyan Ma'os is Min ha'Torah even if the Ma'os is a loan and it is not in existence it is Koneh.
KIDUSHIN WITH A LOAN
If a man had a loan by a woman even if it he has a Shtar on the loan and he says Harei At Mekudeshes Li with the loan that I have by you it is not a Kidushin, even if she still has the money and had not yet spent it. It is not a Kidushin even if he returns the Shtar to her and the Shtar is worth a Perutah, however some opinions are stringent regarding a Shtar that is worth a Perutah. (Shulchan Aruch EH 28:7)
Even if the Shtar is worth a Perutah it is not a Kidushin according to the first opinion because he did not mention the Shtar at the time of the Kidushin and she didn't have Da'as to be Niskadshah with the Shtar. (Chelkas Mechokek)
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