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|KIDUSHIN 51 - Dedicated by a Talmid of Rabbi Kornfeld in Chicago. May Hashem bestow upon him and his wife Berachah in all their endeavors, and Yiddishe Nachas and joy from their dear children.|
If someone separates more that a tenth for Ma’aser his produce is Chulin but his Ma’aser is a mixture of Ma’aser and Tevel. (1)
One may separate a half of a grain of wheat for Ma’aser.
A half of an animal may not be Ma’aser Behe’imah and once the tenth animal has been separated for Ma’aser Behe’imah the eleventh animal may not be Ma’aser.
If two animals come out together after the ninth animal and he calls them both Ma’aser, one of them is Ma’aser Behe’imah and the other is a Shelamim. (2)
If someone who is separating Ma’aser Behe’imah mistakenly calls the ninth animal ‘ten’ and the tenth animal ‘nine’ and the eleventh animal ‘ten’ all of them are Kadosh. (3)
If someone Shechts a Korban Todah on white Chalos and his intent was on black Chalso the white Chalso are not Kadosh. (4)
If someone Shechts a Korban Todah on 80 Chalos and he says that 40 out of 80 are Kadosh his words are effective.
If he s Shechts a Korban Todah and he says 40 Chalos shall be Kadosh only if all 80 Chalos are Kadosh they are not Kadosh.
If he says all 80 Chalos shall be Kadosh, Chizkiyahu says they are Kadosh while R. Yochanan says that they are not. (5)
Rava holds that a Kidushin that does not lead to a Bi’ah is not a Kidushin, while Abaye disagrees. (6)
If someone is Mekadesh a mother and a daughter ora two sisters it is not a Kidushin. (7)
If someone picks up a basket of figs of Shvi’is that belongs to five women and he give it to them and says all of you shall be Mekudeshes to me, all of them are Mekudeshes except for the sisters. (8)
If someone is Makneh an object to a person and a donkey together since the Koneh the person also is not Koneh.
If someone has 2 daughters, a Na’arah and a Bogeres, and someone says I am Mekadesh one of your daughters the Bogeres is not included even if she appointed her father as a Shli’ach to accept Kidushin for her. (8)
If a father has girls from both a first marriage and second marriage and he says that I was Mekadesh my daughter ‘the Gedolah’ and I don’t remember which one, all of his daughters are forbidden except for the Ketanah of the younger group according to R. Me'ir. (9)
R. Yosi holds only the oldest of the older group is forbidden because a person does not place himself in a situation of Safek. (10)
If a person is Mekadesh one of two sisters and he doesn’t remember which one he must give Gitin to both of them
If a person who is Mekadesh one of two sisters dies and he has one brother the brother must do Chalitzah to both sisters. (11)
If he has two brothers one brother shall do Chalitzah to one of the sisters and the other brother may do Yibum to the other sister. (12)
If b'Dieved the two brothers married the two sisters they may stay married to them. (13)
If two people are Mekadesh two sisters and they don’t remember which one of them was Mekadesh which sister they both must give Gitin to both of them.
If two people who were Mekadesh two sisters died and each one has a brother the brother of each of them must do Chalitzah to both sisters.
A BIT MORE
1. One may not separate more than a tenth of his produce for Ma’aser; if he separates more than a tenth only the tenth is Ma’aser and the remainder is Tevel
2. Since he doesn’t know which one is the Ma’aser and which one is the Shelamim he must wait until they both develop a Mum and he should take an animal of Chulin and he should say whichever animal is the one that is Shelamim is redeemed on the animal of Chulin and the original two animals may be eaten by the owner because Ma’aser Behe’imah that develops a Mum may be eaten by the owner outside Yerushalayim.
3. The ninth animal may be eaten once it develops a Mum, the tenth animal is Ma’aser and the eleventh animal is a Shelamim
4. Because according to Bais Hilel Hekdesh b’Taus is not Hekdesh.
5. Chizkiyah holds that he only wants to be Mekadesh 40 and the rest are in reserve in case the first 40 get lost or become Tamei , while R. Yochanan holds that he wants to be Mekadesh all 80 and therefore none of them are Kadosh because once forty are Kadosh one may not be Mekadesh any more Chalos and anything that can’t be done one after the other may also not be done at the same time.
6. Therefore if someone is Mekadesh one of two sisters without specifying which one, it is not a Kidushin according to Rava because one of the two sisters is forbidden as a sister of a wife and therefore it is a Kidushin that doesn’t lead to a Bi’ah.
7. According to Abaye the case is that he said both of you shall be Mekudeshes and it is not a Kidushin because since he can’t be Mekadesh one after the other he also may not be Mekadesh them at the same time, while according to Rava the case is that he said one of you shall be Mekudeshes and it is not a Kidushin because it doesn’t lead to a Bi’ah since we don’t know which one he was Mekadesh.
8. According to Abaye he said all of you who are suitable for Bi’ah shall be Mekudeshes to me and the sisters are not included because they are not suitable for Bi’ah, while according to Rava he said all of you and one of the two sisters shall be Mekudeshes and the sisters are not included because it is a Kidushin that doesn’t lead to a Bi’ah.
8. Because it is a special Mitzvah on the father to accept Kidushin for his daughter who is a Na’arah and a father does not abandon a Mitzvah that is special for him and do a Mitzvah (accepting Kidushin for his daughter who is a Bogeres) that is not special for him.
9. Since he doesn’t remember if it was the Gadolah of the older group or younger group of girls, or if it was the Ketanah of the older group who is bigger than the oldest of the younger group, all of them are forbidden including the middle girls from the second marriage because all of them are older than one of their sister and it is possible that it was to them he was referring to when he mentioned the word Gadolah.
10. Therefore he would not have used the word Gadolah to describe any of them with the exception of the oldest girl from the first marriage in order to ensure that he will not forget which one he was Mekadesh.
11. He may not do Yibum because he doesn’t know which one is the Yavamah and the one who is not the Yavamah is forbidden to him prior the Yibum because she is the sister of a Zakukah and she is forbidden to him after the Yibum as well because she is a sister of as Chalutzah
12. The Yibum may not be done prior to the Chalitzah because of the possibility that the Yibum will be done with the sister of the Yavamah and she is forbidden to him because she is the sister of a Zakukah.
13. Even though it was forbidden for the first brother to marry one of the sisters until the other brother did Chalitzah to the other sister, however b'Dieved once he married her he may saty with her because even if the sister that he married was the sister of a Zakukah once the other brother did Yibum with the other sister the Zikah is removed from the first sister.
AN AGREED UPON SHIDUCH
If someone is Mekadesh one of two daughters it is not a Kidushin according to Rava because it is a Kidushin that doesn’t lead to a Bi’ah. However the Rishonim say that if the Mekadesh and the father had previously agreed to a Shiduch for one of the two daughters, in such a case when he is Mekadesh one of one of two daughters, the daughter that had been previously discussed is the one who is Mekudeshes. Just as the Gemara stated previously that a person doesn’t abandon a Mitzvah that is special to him for a Mitzvah that is not special to him so too a person doesn’t abandon a Mitzvah and so instead an Ave'irah, as it is an Ave'irah to agree to a Shiduch for one daughter and subsequently Mekadesh the other daughter. (Rosh, Hagahos Maymonus)
KIDUSHIN WITH TWO SISTTRS
If someone says to two sisters one of you shall be Mekudeshes to me and he gave them a Perutah, or one of the sisters accepted the Peruatha for the two of them and so too someone who says to a father one of your two daughters shall be Mekudeshes to me and the father accepted the Kidushin both sisters require a Get and it is forbidden for him to have Bi’ah with either of them because the Kidushin is valid even though there is an Isur Bi’ah. (Rambam Hilchos E’ishus 9:3)
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