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KIDUSHIN 63

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KIDUSHIN 63 - sponsored by Asher and Etti Schoor of Lawrence, NY. May they be blessed with a year filled with the joy of the Torah and see their children continue to grow in Avodas Hashem.

SUMMARY

Rebbe says that if someone writes a Shtar to a servant that states when I buy you are Koneh yourself from now it is regarded as a Shichrur and he goes free as soon as he buys the servant. (1)
 
R. Me'ir says that if someone is Mekadesh a woman for after one of them becomes a Ger or is freed or after her husband or sister dies or after she does Chalitzah it is a valid Kidushin. (2)
 
R. Yochanan ha’Sandler aregues with R. Me'ir and he says that it is not a Kidushin, while R. Yehudah ha’Nasi says that it is a Kidushin, but the Rabbanan said that it is not a Kidushin because of the potential of resentment. (3)
 
The Tanah Kamah says that if a woman makes a Neder forbidding her handiwork on her husband it is not necessary for the husband to annul her Neder. (4)
 
R. Akiva says that the husband should annul the Neder because maybe she will produce extra handiwork that doesn’t have to be given to her husband. (5)
 
If someone is Makdish a woman on condition that he speaks to the government for her or do some work for her, if he fulfills the Tnai it is a Kidushin.
 
If someone is Makdish a woman in return for a ride that he had given her on a donkey or a wagon or a boat it is not a Kidushin but if he is Makdish her in return for a ride that he will give her it is a Kidushin.
 
If a woman says to a man keep me company or make me laugh or dance in front of me and I will be Niskadshah to you if it is worth a Perutah it is a valid Kidushin.
 
According to the opinion that wages are owed one Perutah at a time if someone is Makdish a woman in return for doing something for her it is not a Kidushin unless he gives her a Perutah. (6)
 
According to the opinion that wages are owed only when the work is completed if someone is Makdish a woman in return for working for her it is a valid Kidushin even if he doesn’t give her a Perutah. (7)
 
If someone is Mekadesh a woman on condition that his father agrees to the Kidushin if the father agrees it is a Kidushin but if not it is not a Kidushin.
 
If he is Mekadesh her on condition that his father is silent or that he doesn’t protest with thirty days if his father dies it is a Kidushin.
 
If he is Mekadesh her on condition that his father doesn’t protest, if the Chasan dies we advise the father to protest the Kidushin.
 
If a father says I was Mekadesh my daughter but I don’t remember to who if someone says that I was Mekadesh her he is believed. (8)
 
Rav say that the person who claims he was Mekadesh her is believed to give her a Get but he is not believed to marry her. (9)
 
R. Asi says that he is also believed to marry her because he is afraid to lie as maybe the father will deny that he is the Chasan.
 
R. Asi admits that if a woman says that she was Niskadshah and she doesn’t remember to who that a person who claims that it was him is not believed because he may be lying and he is relying on the possibility that she will cover up for him.
 
If a father says I was Mekadesh my daughter and I don’t remember to who and someone says I was Mekadesh her and after he married her someone else says I was Mekadesh her, the second person is not believed.
 
If the father says that I was Mekadesh my daughter if she is Mezaneh she is not punished with Sekilah according to Rav. (10)
 
R. Asi says that if the daughter is Mezaneh if she is punished with Sekilah because the Torah believes the father completely.
 
R. Asi admits that if a woman says I was Niskadshah if she is Mezaneh she doesn’t receive Sekialh because the Torah does not believe her. (11)
 

 
R. Chisda says that if a father says that my son is nione years old or my daughter is three years old he is believed regarding a Korban but not regarding Malkus or Misah. (12)

A BIT MORE

1. Even though at the time that he wrote the Shtar Shichrur he did not yet own the servant Rebbe holds that a person may be Makneh something that is not yet in the world.
 
2. R. Me'ir holds that a person may be Makneh something that is not yet in the world.
 
3. R. Yochanan ha’Sandlar holds that a person may not be Makneh something that is not yet in the world, while R. Yehudah ha’Nasi disagrees but he holds that the Rabbanan said that it is not a Kidushin because the husband or sister may be resentful that she is accepting Kidushin for after their death.
 
4. The handiwork of the wife belongs to the husband and therefore it is not hers and she may not prohibit it on her husband with a Neder.
 
5. Even though her handiwork is not yet in the world and she may not be Makdish it, however in this case she said that my hands shall be Kodesh to its Maker and since her hands are in the world she may be Makdish it.
 
6. Since she owes him the wages one Perutah at a time it is regarded as a loan that is owed to him and one may not be Mekadesh a woman with a loan.
 
7. Since the money is not owed until the end it is not a loan and he may be Mekadesh her with the money that she owes him.
 
8. If two people claim they were Mekadesh her they both should give a Get and they want one should give a Get and the other one may marry her.
 
9. He is believed to give her a Get and to allow her to get remarried because a person doesn’t sin without any gain for himself so he certainly saying the truth, but he is not believed to marry her because we are afraid that he is lying.
 
10. Even though the Torah believes the father that he was Mekadesh his daughter, however Rav holds that the Torah doesn’t believe him with regards to being Mechayev the daughter Sekilah if she is Mezaneh unless the witnesses come to Bais Din and testify that he was Mekadesh her.
 
11. Even though a woman who says I was Niskadshah is forbidden to marry anyone else that is because she has made herself into a Chatichah d’Isura, however she is not believed and if she is Mezaneh she is not punished
 
12. Once a boy is nine and a girl is three they are regarded as old enough for Bi’ah and if an Ervah has relation with them the Ervah is Chayav but the Katan or Ketanah is Patur.

BRIEF INSIGHT

SINNING FOR NO REASON
 
RAV HOLDS THAT IF A FATHER SAYS I WAS MEKADESH MY DAUGHTER AND I DON’T KNOW TO WHOM, IF SOMEONE SAYS THAT I WAS MEKADESH HER HE IS BELIEVED TO GIVE HER A GET BUT NOT TO MARRY HER. HE IS BELIEVED TO GIVE HER A GET BECAUSE A PERSON DOESN’T SIN UNLESS HE WILL BENEFIT FROM IT; HE IS NOT BELIEVED TO MARRY HER BECAUSE WE ARE CONCERNED THAT THE YETZER HORA IS CONVINCING HIM TO LIE. THE RITVA ASKS THAT THE PERSON ORIGINALLY SAID THAT HE WAS THE ONE WHO WAS MEKADESH HER BECAUSE HE WANTED TO MARRY HER. HE IS ONLY GIVING HER A GET BECAUSE WE DON’T ALLOW HIM TO MARRY HER; CONSEQUENTLY HIS ORIGINAL CLAIM WAS FOR THE PURPOSE OF BEFITTING HIMSELF SO WHY DO WE BELIEVE HIM EVEN TO GIVE HER A GET. THE RITVA ANSWERS THAT ONCE HE IS MADE AWARE THAT HE MAY NOT MARRY HER IF HE CONTINUES TO INSIST THAT HE IS THE ONE WHO WAS MEKADESH HER WE BELIEVE HIM BECAUSE IF HE WAS LYING HE WOULD NOT CONTINUE TO INSIST THAT HE WAS MEKADESH HER AND GO AHEAD AND GIVE HE A GET THAT WOULD PERMIT HER TO THE ENTIRE WORLD.

QUICK HALACHAH

A MYSTERY KIDUSHIN
 
IF A FATHER SAYS THAT HE WAS MEKADESH HIS DAUGHTER AND I DON’T KNOW TO WHO SHE IS FORBIDDEN TO THE ENTIRE WORLD UNTIL HE SAYS I NOW KNOW WHO I WAS MEKADESH HER TOO, EVEN IF HE ONLY REMEMBERS AFTER SHE BECAME A BOGERES [HE IS BELIEVED]. ACCORDING TO SOME OPINIONS IF THE CHASAN WAS STANDING IN FRONT OF HIM ORIGINALLY AND HE DID NOT RECOGNIZE HIM AND AFTERWARDS HE CLAIMS THAT HE IS THE CHASAN HE IS NOT BELIEVED. IF SOMEONE COMES ALONG AND SAY I WAS MEKADESH HER HE IS BELIEVED AND HE MAY MARRY HER AND WHEN HE DOES MARRY HER HE DOESN’T NEED TO BE MEKADESH HER AGAIN. HOWEVER IF THE FATHER DENIES THAT IT WAS HIM ACCORDING TO SOME OPINIONS HE IS NOT BELIEVED EVEN TO GIVE HER A GET. (SHULCHAN ARUCH EH 37:20, 21)

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