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|KIDUSHIN 59 (1 Iyar) - Dedicated by Ari Friedman and family of Lawrence, N.Y., l'Iluy Nishmas Ari's father, Reb Yakov Yosef ben Rav Nosson Neta Z'L Friedman in honor of the Yahrzeit. Jack Friedman exemplified true Ahavas Yisrael and Ahavas Chesed; may he be a Melitz Yosher for his children and grandchildren and for all of Klal Israel.|
If a person asks his friend to be Mekadesh a woman for him if his friend is Mekadesh her for himself he is considered a fraudster.
If a person instructs a Shli’ach to be Mekadesh a woman for him in a certain place, if he is Mekadesh her in a different it is not a Kidushin.
If a Shli’ach was sent to be Mekadesh a woman for someone, it is permitted for him to be Mekadesh her for himself if she refuses to be Niskadshah to the Meshle’ach.
If a poor person was in the midst of an effort to claim an item from Hefker or as a gift and a second person comes along and snatches it first, the second person is called a Rashah
It is not a good Siman (sign) for a person to sell the first land that he purchased.
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.
If no one else is Mekadesh her within 30 days she is Mekudeshes even though the money was gone by the end of 30 days. (1)
If someone gives a Kidushin to a woman for after 30 days R. Yochanan says that he may retract before the thirty days are up, while Re'ish Lakish argues. (2)
If someone instructs a Shli’ach to separate Te’rumah if he nullifies the Shlichus prior to the separation of the Te’rumah, the Te’rumah of the Shli’ah is not valid.
If a husband sends a Get with a Shli’ach and he reaches the Shli’ach or sends another Shli’ach in order to nullify the Shlichus, the Shlichus is void. (3)
Utensils become susceptible to Tumah as soon as the owner decided in his Machshavah that the utensil is completed.
Once a utensil become susceptible to Tumah it’s status does not change unless a Ma'aseh (an act) is done to the utensil. (4)
Food becomes susceptible to Tumah when it comes into contact with water, even if the water fell on the food by itself, but only if the owner is pleased about it.
If a woman instructs a Shli’ach to accept Kidushin for her and she went ahead and accepted Kidushin from someone else whichever Kidushin was first is the one that is valid.
If a woman instructs a Shli’ach to accept Kidushin for her and she subsequently retracts the Shlichus according to R. Yochanan the Shlichus is void, while Reish Lakish argues. (5)
If someone sends a Get with a Shli’ach and is subsequently Mevatel the Shlichus R. Nachman holds that the Get may be used again while R. Sheshes argues. (6)
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.
Rav says that she will always be Safek Mekudeshes because we are in doubt whether the Kidushin is a condition or a retraction. (7)
Shmu’el holds that she is Safek Mekudeshes only until the end of thirty days and after thirty days the second Kidushin is Batel and the first Kidushin goes into effect because it is a condition not a retraction.
The Tanah Kamah says that if someone gives a Get to his wife from today and after death it is a Safek Get, while Rebbe holds that it is a valid Get. (8)
A BIT MORE
1. Because the money that was given for the Kidushin is not a loan and it is also not a Pikadon. One may not be Mekadesh a woman with a loan because a loan is given to be spent and therefore the money is not his and he can’t be Mekadesh her with it. One may also not be Mekadesh a woman with a Pikadon unless a Perutah worth of the Pikadon is still in existence at the time of the Kidushin, however in this case since the money was originally given b'Toras Kidushin even if there is nothing left at the time of the Kidushin it is a valid Kidushin.
2. R. Yochanan holds that a Dibur may be Mevatel a Dibur while Reish Lakish holds that the Nesinah of the money to the woman is akin to a Ma'aseh (an act) and a Dibur may not be Mevatel a Ma'aseh.
3. Even according to Reish Lakish the Shlichus is nullified, since the Get had not yet reached the hands of the woman it is regarded as a Dibur not a Ma'aseh and a Dibur may be Mevatel a Dibur.
4. If after a person decided in his Machshavah that the utensil is completed and it became susceptible to Tumah he changed his mind and decided to do more work on the utensil, it remains susceptible until he does an act to the utensil, a Ma'aseh changes the status of a utensil even if its susceptibility came about by way of a Ma'aseh, but a Machshavah may not change the status of utensil even its susceptibility came about by way of a Machshavah.
5. According to this version of Reish Lakish a Dibur may not be Mevatel a Dibur even if no Ma'aseh was done at all.
6. The Halachah is like R. Nachman because even though the husband was Mevatel the Shlichus he was not Mevatel the actual Get.
7. If it is a condition she is Mekudeshes to the first person and if it is a retraction she is Mekudeshes to the second person.
8. THE TANAH KAMAH IS IN DOUBT WHETHER IT IS A CONDITION OR A RETRACTION AND IF IT IS A RETRACTION IT IS NOT A GET BECAUSE A GET CAN’T BE GIVEN AFTER DEATH, WHILE REBBE HOLDS THAT IT IS A CONDITION AND THEREFORE IT IS NOT A GET AFTER DEATH.
THE FIRST 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. THE RAMABAN SAYS THAT EVEN THOUGH SHE IS MEKUDESH TO THE SECOND PERSON, HOWEVER THE KIDUSHIN TO THE FIRST PERSON IS NOT COMPLETELY VOID AND IF THE SECOND PERSON DIES OR DIVORCES HER WITHIN THE THIRTY SHE IS MEKUDSEHES TO THE FIRST PERSON. HOWEVER, THE ROSH ARGUES AND HE SAYS THAT HER ACCEPTANCE OF THE KIDUSHIN OF THE SECOND PERSON IS CONSIDERED AN ACT OF RETRACTION OF THE FIRST KIDUSHIN AND SINCE THE ACCEPTANCE OF A KIDUSHIN IS A MA'ASEH EVEN ACCORDING TO REISH LAKISH THE FIRST KIDUSHIN IS VOID.
IF SOMEONE IS MEKADEHS A WOMAN BY WAY OF A SHLI’ACH HE SHALL NOT BE MEKADESH HER A SECOND TIME AT THE TIME OF THE CHUPAH SO THAT HE WILL NOT BE MOTZI LA'AZ ON THE KIDUSHIN OF A SHLI’ACH, AS PEOPLE MAY SAY THAT THE KIDUSHIN OF A SHLI’ACH IS NOT EFFECTIVE. IF A WOMAN IS MEVATEL HER SHLI’ACH BEFORE HE ACCEPTS KIDUSHIN FOR HER THE SHLICHUS IS BATEL AND SHE IS NOT MEKUDESHES. IF WE ARE IN DOUBT WHETHER SHE WAS MEVATEL THE SHLICHUS PRIOR TO OR AFTER THE KIDUSHIN IT IS A SAFEK KIDUSHIN. (SHULCHAN ARUCH EH 36:6)
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