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|KIDUSHIN 48 (20 Nisan) - sponsored by Mr. Martin Fogel of Carlsbad, California, in memory of his father, Yaakov ben Shlomo Fogel, on the day of his Yahrzeit.|
12th CYCLE DEDICATION
KIDUSHIN 48 - Sponsored by a generous grant from an anonymous donor. Kollel Iyun Hadaf is indebted to him for his encouragement and support and prays that Hashem will repay him in kind.
Shmuel says someone who sells a Shtar Chov to his friend may be Mochel the Chov and even his inheritor may be Mochel the Chov
Rav says that if a person gives a Pikadon as a gift to his friend in the presence of the Nifkad and the recipient he is Koneh with Ma'amad Sheloshtan.
If a man is Mekadesh a woman with a Shtar Erusin that lacks witnesses R. Meir holds it is not a Kidushin, while R. Elazar holds that it is a Kidushin. (1)
The Chachamim hold that if a Shtar Kidushin is worth at least a Peurtah it is a Kidushin, even though no witnesses are signed on it. (2)
Reish Lakish holds that both a Get and Shtar Erusin must be written Lishmah.
It is a Machlokes if a Shtar Erusin must be written with the Da'as of the woman.
If a woman gives gold to a man and she says make this into jewelry and I will be Niskadshah to you, R. Meir holds that she is Mekudeshes [when he gives her the jewelry].
The Chachamim hold that she is not Mekudeshes even when he gives her jewelry until he gives her his own money for the Kidushin.
Everyone agrees that a loan that is owed by the woman may not be used for Kidushin.
Everyone agrees that a man may not be Mekadesh a woman with money that she owes him from previous work that he did for her. (3)
If a man is Mekadesh a woman with the money that she owes him for work that he just completed, the Tana Kama says that it is a Kidushin, but R. Nasan and Rebbi hold that it is not a Kidushin. (4)
Rebbi says that upon the completion of the work he gives her the finished product along with something of his own that he inserted it is a Kidushin. (5)
If a man says to a woman Hiskadshi with this cup of wine and it turned out to be honey or vice versa, or he said it was a Dinar of silver of wine and it turned out to be gold or vice versa, or he said on condition that I am rich and he turned out to be poor or vice versa it is not a Kidushin.
R. Shimon says that if the mistake that was made was for her benefit she is Mekudeshes. (6)
If a man says to a woman Hiskadshi with this cup, if it is contains water only the cup counts toward the Kidushin, if it contains wine only the contents counts toward the Kidushin and if it contains brine both the cup and the contents counts toward the Kidushin..
If a man says that he is selling wine and it turns out to be vinegar or vice versa both the buyer and seller may retract.
A BIT MORE
1. R. Meir holds Eidei Chasimah Karti – the witnesses on a Shtar are essential and therefore without witnesses it is not Kosher, while R. Elazar holds that Eidei Mesirah Karti- the witnesses who saw the Mesirah of the Shtar are essential and it is not necessary for witnesses to sign on the Shtar.
2. The Chachamim are uncertain whether Eidei Chasimah Karti or Eidei Mesirah Karti, however they hold that the Da'as of the woman is also on the value of the Shtar and therefore if the Shtar is worth a Perutah she is Mekudeshes with Kidushei Kesef. However R. Meir holds that even of the Shtar is worth a Perutah it is not a Kidushin because he holds that the Da'as of the woman is only on the Shtar itself not on the value of the Shtar.
3. Because that is no different than a loan and a loan cannot be used for Kidushin.
4. The Tana Kama holds that wages are due only when the work is completed therefore the wages are not regarded as a loan and he may be Mekadesh her with the wages that is presently due to him, while R. Nasan and Rebbi hold that wages are due upon the completion of each Perutah worth of work, therefore the outstanding wages are regarded as a loan and may not be used for Kidushin.
5. Rebbi holds that even though the work that he did for her is a loan since he also gave her a Perutah it is a valid Kidushin because when a person is Mekadesh a woman with a loan and a Perutah the Da'as of the woman is on the Perutah, R. Nasan argues because he holds that the Da'as of the woman is on the loan not on the Perutah,
6. R. Shimon is referring to a case that the woman instructed a Shali'ach to accept Kidushin for her from Ploni who promised to be Mekadesh her with Kesef and the man gave the Shali'ach gold instead, according to the Tana Kama she is Makpid and it is not a Kidushin, while R. Shimon holds that she was not expressing Hakpadah she was simply stating what she expected to receive and therefore it is a valid Kidushin.
GOLD AND SILVER
If a man says to a woman Hiskadshi with a Dinar of silver and it turned out to be gold it is not a Kidushin. Why is it not a Kidushin? Gold is more valuable than silver! Tosfos explains that she needs the Dinar of silver to complete an ornament that she owns; however in a case that the mistake gave her extra money everyone agrees that she is Mekudeshes. . The Chidushei Mahrich says that even if she needs the silver for her ornament if the gold is worth more than the silver if he gives her gold instead of silver it is a valid Kidushin. The Mishnah is referring to a case that the Dinar of silver and the Dinar of gold are of the same value, and therefore if he said silver and it turned out to be gold she is not Mekudeshes, however if the gold Dinar is more valuable than the silver Dinar if he said it was silver and it turns out to be gold it is a Kidushin because she can always sell the gold and buy the silver for her ornament.
How is a person Mekadesh a woman with a Shtar? He writes on parchment or on earthenware even if it is not worth a Perutah 'Harei At Mekudeshes Li' and he gives it to her in front of witnesses. He must write it in the name of the woman he is being Mekadesh just like a Get, and if he writes it She'Lo Lishemah it is not a Kidushin. He must write it with her Da'as and if he wrote it without her Da'as it is a Safek Kidushin. Even if the Shtar is Pasul for Kidushin we evaluate the parchment and if it is worth a Perutah she is Mekudeshes and if it is not worth a Perutah she is Safek Mekudeshes. (Shulchan Aruch EH 32:1, 2)
If it is not worth a Perutah she is he is Safek Mekudeshes because maybe it is worth a Perutah somewhere else. (Gr'a)
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