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|KIDUSHIN 52 - Dedicated by Mordechai and Shifra Gitt (RBS, Israel) in memory of their deceased family members.|
If one person has five sons and the other has five daughters and one says to the other one of your daughters shall be Mekudeshes to one of my sons each one of the daughters must receive five Gitin. (1)
If one of the sons dies each daughter needs four Gitin and one Chalitzah.
The Halachah is in accordance with Abaye who holds that a Kidushin that does not lead to a Bi’ah is a Kidushin.
If someone is Mekadesh a woman with produce of Shvi’is it is a Kidushin.
One may not be Mekadesh a woman with a stolen object and even if he stole it from her it is not a Kidushin if she had not previously agreed to the Shiduch.
A woman may be a Shli’ach to accept Kidushin for her friend even though her acceptance makes them into Tzaros.
Both the Gazlan and the Nigzal may not be Makdish a stolen object if the owner had not yet been Meya’esh.
If a man steals an object from a woman and is Mekadesh her with it, if she had previously agreed to the Shiduch she is Mekudeshes.
R. Shimon holds that with regards to a Stam Geze’ilah we assume the owner was Meya’esh. (2)
If a sharecropper is Mekadesh a woman with a handful of onions from the field it is not a Kidushin but if he is Mekadesh her with a bundle of vegetables it is a Kidushin. (3)
If someone takes an object without permission and is Mekadesh a woman with it even if the owner of the object indicates later on that he gives permission it is not a Kidushin. (4)
If someone separated Terumah for his friend without permission and subsequently his friend said that he should have separated the Terumah from the best, if he has better produce it is Terumah, but if not it is not Terumah.
If the owner added on to the Terumah even if there is no better produce the Terumah that was separated without permission is Terumah.
If someone is Mekadesh a woman with his portion of Kodshei Kodshim or Kodshei Kalim, according to R. Yehudah it is a Kidushin, while R. Yosi argues.
If a person is Mekadesh a woman with Ma’aser Sheni, according to R. Me'ir it is not a Kidushin while R. Yehudah holds that b’Meizid it is a Kidushin, but not b’Shogeg.
If a person is Mekadesh a woman with Hekdesh, according to R. Me'ir it is a Kidushin if he is Mekadesh her with Kekdesh b’Meizid, while R. Yehudah holds that it is a Kidushin if he is Mekadesh her b’Shogeg.
According to R. Yosi Kodshei Kalim is regarded as the property of the owner and therefore a person brings a Korban Shvu'ah for Kodshei Kalim. (5)
R. Yosi agrees that Kodshei Kalim after the Zerikas ha’Dam is no longer the Mamon of the owner because the portion that is distributed from the Korban is given from Shulchan Gavoah.
A BIT MORE
1. All five sons asked their father to be a Shli’ach to Mekadesh a woman for them and since we don’t know which son he was Mekadesh to which daughter all five sons must give a Get to all five daughters. . .
2. Since the object was stolen from him in his presence and he could do nothing to stop it he is immediately Meya’esh from even getting the object back and therefore the Gazaln may be Mekadesh a woman with it. However, the Chachamim disagree and they hold that a person is not immediately Meya’esh on a Geze’ilah since he knows who stole it and he hopes to get it back, rather a person is Meya’esh on a Gene’ivah since he doesn’t know who stole it he has no hope that he will ever get it back.
3. The sharecropper doesn’t have the right to take a handful of onions without first giving the owner of the field his share, but regarding bundle of vegetables, since all of the bundles are the same he has a right take a bundle for himself before the owner receives his share .
4. Because we are afraid that he only gave permission because he was embarrassed to admit that he is Makpid
5. IF THE NIFKAD DENIES WITH A SHVU'AH THAT HE WAS GIVEN KODSHEI KALIM AS A PIKADON AND SUBSEQUENTLY ADMITS THAT HE WAS LYING HE MUST BRING A KORBAN SHVU'AH.
KIDUSHIN OF A TZARAH
The Mishnah states that if someone picks up a basket of figs of Shvi’is that belongs to five women and he gives it to them and he says “all of you shall be Mekudeshes to me”, all of them are Mekudeshes except for the sisters. The Gemara says that we learn from here that a woman may be a Shli’ach to accept Kidushin for he friend even though her acceptance makes them into Tzaros. The Rosh says that even if when her friends asked her to be a Shli’ach she did not respond and she went ahead and accepted the Kidushin without saying anything her friends are Mekudeshes because since at the time of Kidushin she did not speak out that she did not want to accept Kidushin for them the assumption is that she accepted Kidushin for all of them even though they become her Tzaros.
KIDUSHIN WITH HEKDESH
If a Kohen is Mekadesh a woman from his portion of Kodshei Kodshim or Kodshei Kalim it is not a Kidushin because the only use a Kohen may have from his portion is to eat it. However, if the Kohen is Mekadesh a woman with Terumah or Terumas Ma’aser or with Bikiruim, or if a Levi is Mekadesh a woman with Ma’aser Rishon, or a Yisra’el with Ma’aser Ani, it is a Kidushin. (Rambam Hilchos E’ishus 5:5)
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