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|KIDUSHIN 58 - 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.|
A Behe’imah, Chayah, or Ohf (bird) of Chulin that was Shechted in the Azarah is forbidden b’Hanaah. (1)
If a person is Mekadesh a woman with a Peter Chamor, Basar b'Chalav, or Chulin that was Shechted in the Azarah according to R. Shimon it is a valid a Kidushin, while the Chachamim disagree. (2)
R. Shimon says that Chulin which is Shehcted in the Azarah shall be burned.
If someone Shecths Chulin that is a Tere’ifah in the Azarah R. Shimon holds that it is permitted b’Hanaah while the Chachamim disagree.
If a person sells an item that is forbidden b’Hanaah and is Mekadesh a woman with the proceeds it is a valid Kidushin. (3)
If produce of Shvi’is is exchanged for other produce the other produce attains Kedushas Shvi’is, while the original produce of Shvi’is retains its Kedushah.
If produce that was exchanged for produce of Shvi’is is traded for new produce the new produce attains Kedushas Shvi’is while the other produce no longer has Kedushas Shvi’is
If two Pasukim teach us the same Halachah it is a Machlokes if we may learn out this Halachah for other Dinim
If a person (even a Yisra’el) is Mekadesh a woman with Te’rumah, Ma’aser or Matanos, or the water or ashes of the Parah Adumah it is a Kidushin. (4)
According to the opinion that Matanos which were not yet separated are regarded as they were separated if a Yisrael inherits produce from his grandfather who is a Kohen the Te’rumah belongs to him. (5)
It is a Machlokes if Tovas Hana’ah (the right to give something to whoever you choose) is regarded as Mamon. (6)
Rebbi says that if someone steals Tevel he must pay back for all of the Tevel including the Te’rumah and Ma’aser.
R. Yosi Bar Yehudah holds that one who steals Tevel only has to pay for the Chulin not for the Te’rumah and Ma’aser.
Shmuel says that one only kernel of wheat is sufficient for the Te’rumah of an entire mound of wheat.
If someone receives wages to judge a Din Torah or to testify, his judgments and testimony is invalid
One may receive wages for drawing and transporting water for the Parah Adumah.
One may not receive wages for placing the ashes of the Parah Adumah n the water or for sprinkling the ashes and if he does take wages it is invalid.
If someone sends a Shli’ach to be Mekadesh a woman for him and the Shli’ach was Mekadesh the woman for himself it is a Kidushin.
If someone gives a Kidushin to a woman for after 30 days if a second person is Mekadesh her within 30 days she is Mekudeshes to the second person. (8)
If someone gives a Kidushin to a woman retroactively from now after thirty days, if a second person is Mekadesh her within 30 days she is Safek Mekudeshes.
A BIT MORE
1. This applies even if the animal or bird is a Ba'al Mum.
2. R. Shimon holds that a Peter Chamor is permitted b'Hanaah until after the Arifah and he holds that Basar b'Chalav is permitted b'Hanaah and regarding that Chulin that was Shechted in the Azarah it is referring to a case that the animal turned out to be a Tre’ifah and R. Shimon holds that a Shechitah on a Tre’ifah (or any Shechitah that doesn’t permit the animal to be eaten) is not a Shechitah and therefore the animal is not forbidden b'Hanaah, however if Chulin that is not a Tere’ifah is Shechted in the Azarah even R. Shimon agrees that it is forbidden b’Hanaah.and one may not be Mekadesh a woman with it.
3. Although l’Chatchilah it was forbidden to sell something that is forbidden b'Hanaah b’Dieved the proceeds are permitted b’Hanaah and therefore the Kidushn is valid, however Avodah Zorah is an exception as even the proceeds of Avodah Zorah are forbidden b’Hanaah.
4. All of these things are permitted b’Hanaah and even though it is forbidden for a Yisrael to eat Te’rumah he may be Mekadesh a woman with it if it belongs to him, i.e. he inherited the Te’rumah from his grandfather who is a Kohen.
5. Even though his grandfather when never separated the Matanos it is regarded as if he separated the Matanos and since he is a Kohen, the Matanos belongs to him and he may inherit them to his grandson the Matanos they belong to him even though he is a Yisrael and he may sell it to a Kohen
6. According to the opinion that Tovas Hana’ah is Mamon a Yisrael may be Mekadesh a woman with Te’rumah even if it doesn’t belong to him and it must be given to the Kohen without payment, because the right that he has to give it to any Kohen that he chooses is worth money.
7. However the second person is regarded as a Ramai (deceiver).
8. WHETHER SHE IS A BAS YISRAEL AND HE IS A KOEHN OR IF SHE IS A BAS KOHEN AND HE IS A YISRAEL SHE MAY NOT EAT TE’RUMAH.
A PAID JUDGE
If someone receives wages to judge a Din Torah or to testify, his judgments and testimony is invalid. This is a Knas m’Derabbanan and it applies even if the wages were not given as a bribe. However, if he returns the wages that he received he may go ahead and testify or judge the Din Torah. However, a judge may take wages for Schar Bete’ilah (to make up for the work that he missed while he is judging the case.) Therefore if the Kehilah appoints a judge to be available at all times for any Dinei Torah that may arise, he may take a salary because the money that he receives is Schar Bete’ilah since he must be available at all times and is unable to work for a living. (Ritva)
IF SOMEONE APPOINTS A SHLI’ACH TO BE MEKADESH A WOMAN FOR HIM AND THE SHLI’ACH WENT AHEAD AND WAS MEKADESH HER FOR HIMSELF IT IS REGARDED AS DECEPTION, HOWEVER THE KIDUSHIN IS EFFECTIVE AS LONG AS HE DID NOT USE THE MONEY OF THE MESHALE’ACH FOR THE KIDUSHIN. EVEN IF THE SHLI’ACH TOLD THE WOMAN THAT PLONI SENT ME TO BE MEKADESH YOU FOR HIM AND THAN HE SUBSEQUENTLY SAID ‘HAREI AT MEKUDEHSES LI’ SHE IS MEKUDESHES TO THE SHLI’ACH. HOWEVER, THAT IS ONLY THE CASE OF THE WOMAN CLEARLY UNDERSTOOD THAT THE SHLI’ACH WAS BEING MEKADESH HER HIMSELF. HOWEVER, IF SHE DID NOT UNDERSTAND THAT THE SHLI’ACH WAS BEING MEKADESH HER HIMSELF HE DA’AS WHEN SHE ACCEPTED THE KIDUSHIN WAS IN ACCORDANCE WITH WHAT THE SHLI’ACH SAID ORIGINALLY. (SHULCHAN ARUCH EH 35:9)
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