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|KIDUSHIN 56 (6 Kislev) - Dedicated in honor of the Yahrzeit of Eliezer ben Reb Shraga Feivel Marmorstein, by his nephew, Mr. David Kornfeld, who Mr. Marmorstein raised like his own child after the Holocaust.|
It is forbidden to buy an animal with money of Ma'aser Sheni and if one does so b’Shogeg the money is returned.
If a person b’Meizid buys an animal for a Shelamim with money of Ma'aser Sheni he must bring the animal to Yerushalayim and eat it there. (1)
R. Yehudah says that if the buyer intended to eat the animal outside of Yerushalayim we force the seller to return the money and take back the animal. (2)
R. Yehudah says if a person b’Meizid is Mekadesh a woman with money of Ma'aser Sheni, it is a valid Kidushin if the woman is a Chaverah and she knows that the money retains the status of Ma'aser Sheni. (3)
A person may not buy servants, non-Kosher animals or land with money of Ma'aser Sheni and if the seller ran away the buyer must eat a corresponding amount in Yerushalayim. (4)
If someone is Mekadesh a woman with an item that is forbidden to derive benefit from, the Kidushin is not valid.
If a person sells an item that is forbidden to derive benefit from and he is Mekadesh a woman with the proceeds it is a Kidushin. (5)
It is forbidden to derive any benefit from Orlah including using it for a dye or using the oil to light a candle.
The proceeds of a sale of Kodesh is forbidden to benefit from even though the item remains Kodesh
An ox (or any animal) that killed a person and the Din was concluded to put it to death, is forbidden to benefit from even if it was Shected before it was put to death.
Anytime the Pasuk sates Lo Yochal, Lo Lo Tochal or Lo Tochlu it is forbidden to e benefit from it unless the Torah specifically states otherwise.
Anything sharp may be used for Shechitah including a rock or a piece of glass or a reed
It is forbidden to derive benefit even from the hide of an ox that the Din was concluded to put it t death.
A BIT MORE
1. The animal has the Kedushah of Ma'aser Sheni and may only be eaten in Yerushalayim.
2. The seller is penalized for seeing an animal to a person who plans on eating it outside of Yerushalayim.
3. However, if she is not a Chaverah and she is unaware of the Din the Kidushin is not valid and the money is returned.
4. He must take money equal to the value of the Ma'aser Sheni and say that wherever the Ma'aser Sheni is it should be redeemed on this money and he must take the money and buy food with it in Yerushalayim. However, if the seller is around we penalize him and he must take back the servant or non-Kosher animals back and give back the money to the buyer.
5. Because the proceeds is not forbidden to derive benefit from, however Avodah Zorah is an exception as even the proceeds are forbidden to benefit from and one may not be Mekadesh a woman with it.
PROCEEDS OF ISUREI HANAAH
If a person sells an item that is forbidden to derive benefit from and he is Mekadesh a woman with the proceeds it is a Kidushin. Rashi says in Avodah Zorah that even the proceeds are forbidden b’Hanah, however it is only forbidden for the seller not for anyone else. Therefore if he uses it to be Mekadesh a woman it is a valid Kidushin since the proceeds are worth a Perutah to the woman because she is permitted to benefit from it. Even though it is not worth a Perutah to the man and therefore he doesn’t have a Kinyan on it since it is worth a Perutah to the woman she is Koneh it from his hands and it is a valid Kidushin. It is no different than someone who is Mekadesh a woman with Gezel, according to R. Shimon who holds Stam Gezel the owner is Meya’esh, even though Yi’ush alone is not Koneh without a change of Reshus and therefore he doesn’t have a Kiyan on it, however since as soon as the man gives the Gezel to the woman she is Koneh it from his hands with the change of Reshus it is a valid Kidushin. (Ran)
ISUREI HANAAH MID'RABBAN
IF SOMEONE IS MEKADESH A WOMAN WITH AN ITEM THAT IS FORBIDDEN MID'RABBANAN FROM DERIVING BENEFIT FROM IT, IF THE ISUR IS NOT MID'ORAYSAH IN ANY WAY IT IS A VALID KIDUSHIN. HOWEVER, IF HE IS MEKADESH HER WITH CHAMETZ THAT IS FORBIDDEN MID'ORAYSAH, BUT IT IS AT A TIME THAT IT IS ONLY FORBIDDEN MID'RABBANAN OR HE IS MEKADESH HER WITH CHAMATZ THAT IS ONLY FORBIDDEN MID'RABBANAN AT A TIME THAT CHAMETZ IS FORBIDDEN MID'ORAYSAH IT IS A SAFEK KIDUSHIN. IF HE IS MEKADESH HER WITH SOMETHING THAT IS COMPLETELY MID'ORAYSAH SUCH AS CHAMETZ MID'ORAYSAH AT A TIME THAT IT IS FORBIDDEN MID'ORAYSAH THE KIDUSHIN IS NOT VALID AT ALL. (SHULCHAN ARUCH EH 28:21)
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