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|KIDUSHIN 79 - Dedicated by HaGaon HaRav Yosef and Ruthie Pearlman of London, England. May Hashem bless them with good health and all their needs, and may they enjoy many years of Nachas and joy from their wonderful family.|
If a father authorized a Shli’ach to accept Kidushin for his daughter and than he was Mekadesh her himself if we don’t know which Kidushin was first they both must give a Get. (1)
If a woman authorized a Shli’ach to accept Kidushin for her and than she went ahead and accepted Kidushin for herself, if her Kidushin was first it is a Kidushin and if the Kidushin of the Shli’ach was first it is a Kidushin.
If we don’t know which Kidushin was first they both must give a Get and if they want one can give a Get and the other one will marry her.
If a father accepted Kidushin for his daughter on the road and she accepted Kidushin for herself in the city and she was checked after the Kidushin and she was found to be a Bogeres, Rav holds her Kidushin is valid while Shmu’el holds they are both a Safek Kidushin. (2)
If the girl insists that she was already a Bogeres previously even according to Shmu’el we are not concerned for the Kidushin of the father.
There is no more than six months between the time that a girl becomes a Na’arah until she becomes a Bogeres. (3)
The Machlokes between Rav and Shmu’el is if the Kidushin was on the day of the six months, however if the Kidushin was before the end of the six months Rav agrees that we are concerned also for the Kidushin of the father.
If a Mikvah was measured and found to be lacking the requisite Shi’ur, everything that was immersed in the Mikvah both in Reshus ha’Yachid and Reshus ha’Rabim are Tamei. (4)
R. Shimon holds that in Reshus ha’Rabim it is Tahor and in Reshus ha’Yachid it is a Safek
If someone put aside a jug of wine to use for the purpose of separating Terumah from the jug and he fund the jug to be vinegar, for three days it is regarded as definite and beyond that it is regarded as a Safek. (5)
If a person gives away all of his property and he claims that he was a Shechiv Mera at the time, and the recipient claims that he was well, R. Ya'akov says that the burden of proof is on the recipient.
R. Nasan says if he is presently healthy the burden of proof is on the giver and if he is presently a Shechiv Mera the burden of proof is on the recipient.
If a person traveled overseas with his wife and he returned with his wife and children and he claims this is my wife and these are her children he doesn’t need to proof that his wife is of Kosher lineage. (6)
If the wife dies and he returned with only the children he must prove that the children were born from the wife that he originally traveled overseas with.
If a person was single when he traveled overseas and he returns with a wife and children he must prove that his wife is of Kosher lineage but he doesn’t have to prove that these are her children. (7)
If a person was single when he traveled overseas and he married overseas and his wife died and he returns with his children he must prove that his wife was of Kosher lineage and he must prove that these are her children.
A BIT MORE
1. If they want one of them can give a Get and the other one can marry her
2. A father may not accept Kidushin for her daughter once she becomes a Bogeres and it is a Safek if she was already a Bogeres at the time that the father accepted Kidushin for her. According to Rav since we checked her on that day and she was found to be a Bogeres we do not suspect that she was still a Na’arah at the time of the Kidushin of her father, while Shmu’el holds that we are concerned for the possibility that she was a Na’arah at the time of the Kidushin of the father and therefore it is a Safek Kidushin.
3. However, if she develops Simanei Na’arah in less than six months after she becomes a Na’arah she becomes a Bogeres at that time.
4. Even though a Safek Tum'ah in Reshus ha’Rabim is Tahor this is not considered a Safek it is regarded as definite, since the Mikvah was found to be lacking we can assume it was lacking the Shi’ur previously as well.
5. This is in accordance to the opinion of R. Shimon who holds that it is a Safek. It is a Machlokes the first three days it is definitely wine and beyond that it is a Safek, or if the last three days it is definitely vinegar and beyond that it is a Safek.
6. He doesn’t need to prove the lineage of his wife because she was already investigated before he traveled overseas and he doesn’t need to prove that the children were born from this wife because it is referring to a case that the children are clinging to her.
7. HE DOESN’T HAVE TO PROVE THAT THESE ARE HER CHILDREN BECAUSE IT IS REFERRING TO A CASE THAT THE CHILDREN ARE CLINGING TO HER.
There is no more than six months between the time that a girl becomes a Na’arah until she becomes a Bogeres. The Rashbatz says that if a father accepted Kidushin for his daughter and she protested the Kidushin, if witnesses testify that at the time the father was Mekadesh her she was already more than 12 and a ½ and women testify that they checked her at least two months prior to the Kidushin and she had Simanei Na’aros the Kidushin of the father is void because she was already a Bogeres at the time of the Kidushin. The Chelkas Mechokek explains that even though she may have developed Simanei Na’aros only two months prior to the Kidushin, we assume that if the Simanei Na’aros were present 3 or 4 months after the age of 12 that she had developed the Siamnim already at the age of 12.
KIDUSHIN OF A BOGERES
IF A GIRL ACCEPTS KIDUSHIN FOR HERSELF PRIOR TO THE AGE OF 12 WITHOUT THE KNOWLEDGE OF HER FATHER IT IS NOT A KIDUSHIN. IF HER FATHER WAS MEKADESH HER IN THE MORNING AND SHE WAS MEKADESH HERSELF IN THE EVENING OF THE DAY THAT SHE COMPLETED THE SIX MONTHS AFTER SHE BECAME A NA’ARAH AND SHE WAS CHECKED AND FOUND TO BE A BOGERES WE ASSUME THAT SHE WAS A BOGERES PREVIOUSLY AND THE KIDUSHIN OF THE FATHER IS VOID. SOME SAY THE KIDUSHIN OF THE FATHER IS VOID EVEN IF SHE DOESN’T CLAIM THAT SHE HAD THE SIMANIM ALREADY IN THE MORNING, WHILE OTHERS SAY THAT THE KIDUSHIN IS VOID ONLY IF SHE CLAIMS THAT SHE WAS A BOGERES ALREADY IN THE MORNING BUT IF SHE DOESN’T MAKE THAT CLAIM SHE REQUIRES A GET FROM BOTH OF THEM. (SHULCHAN ARUCH EH 37:5)
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