REVACH L'DAF
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SUMMARY
If one buys a servant who turns out to be a thief or a kidnapper, it is not a Mekach Ta'us. (1)
If one buys a servant who turns out to be an armed bandit or is condemned to death, it is not a Mekach Ta'us. (2)
Rebbi Tarfon: All of the food which the Chasan sends to his Kalah may be Terumah, but only if she is a Bas Kohen and only when she is an Arusah. (3)
Rebbi Yehudah ben Beseirah: The Chasan may give his Arusah 2/3 Terumah and 1/3 Chulin.
Rebbi Yehudah: The Chasan must give his wife enough Terumah so that when she sells the Terumah during her days of Tum'ah, she will have enough money to buy sufficient Chulin. (4)
Raban Shimon ben Gamliel: The Chasan must give his wife double the amount of Terumah than that of Chulin so that she will have a surplus and it will be easy for her to sell the Terumah.
A Shomeres Yavam may not eat Terumah.
According to the Mishnah Acharonah, an Arusah may not eat Terumah because of the concern that the Kalah has a blemish that will invalidate the Kidushin.
According to Rebbi Shmuel bar Yehudah, the Mishnah Rishonah maintains that an examination by the relatives is sufficient to ensure that she is blemish-free, but the Mishnah Acharonah argues.
If a man is Makdish the handiwork of his wife, it is not Hekdesh.
Rebbi Meir: If a man is Makdish the surplus handiwork of his wife, it is Hekdesh. Rebbi Yochanan ha'Sandlar: It is not Hekdesh.
Rav Huna: A woman has the right to tell her husband that "I am forfeiting my right to food and I am keeping my handiwork." (5)
The Rabanan decreed that the handiwork of the wife is given to her husband in exchange for food.
According to some opinions, a master has the right to tell his Nochri slave to work for him without receiving any food.
Reish Lakish: A woman does not have the right to tell her husband that "I am forfeiting my right to food and I am keeping my handiwork."
Rebbi Meir: A person is not Makdish something for naught. (6)
Rebbi Meir: A person may be Makdish something that has not yet come into the world.
If one is Makdish the surplus handiwork of his wife, the Amora'im disagree about whether according to Rebbi Meir the surplus is Kadosh during her lifetime or only after death.
A BIT MORE
1. It is not unexpected that a servant turns out to be a thief.
2. The buyer should have known about it, since these things are generally public knowledge.
3. A Bas Kohen knows how to guard Terumah properly, and she knows how to sell it during her days of Tum'ah. Therefore, Rebbi Tarfon rules that the Chasan may give his Kalah all Terumah food and she will sell it during her days of Tum'ah. However, if she is a Nesu'ah, he may not give her all Terumah, because she does not have her father and brothers around to help her sell it during her days of Tum'ah.
4. Chulin is more expensive than Terumah. Therefore, she needs to receive surplus Terumah so that she has enough to trade it for a sufficient amount of Chulin. Rebbi Tarfon argues with Rebbi Yehudah and maintains that the Chasan may give the Kalah all Terumah, even if the Terumah is not sufficient to enable her to sell it and receive an equal amount of Chulin in return.
5. Rav Huna maintains that the primary decree of the Rabanan was for a woman to receive food from her husband, and in exchange for the food the handiwork of the woman is given to her husband. Since the primary decree was for the good of the woman, she has the right to forfeit that benefit.
6. Therefore, if a man is Makdish the handiwork of his wife, it is assumed that he is saying that her hands are Hekdesh, because otherwise the Hekdesh is not effective. If one vows that he will give the Erech of an infant who is less than a month old, we assume his intention is to give the value of the infant, and not the Erech, because an infant who is less than a month old has no Erech.
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BRIEF INSIGHT
FORFEITING THE RIGHT TO MEZONOS
Rav Huna says that a woman has the right to tell her husband that "I am forfeiting my right to food and I am keeping my handiwork." The Ritva says that if the wife invokes her right to keep her handiwork, the husband becomes exempt not only from giving her Mezonos, but also from clothing her. However, he still is obligated to pay for her medical expenses. The obligation to pay for her medical expenses is unrelated to Mezonos. Therefore, even when the husband is exempt from Mezonos, he is obligated to pay for her medical expenses.
QUICK HALACHAH
A REBELLIOUS WIFE
A woman who refuses to do the work for her husband that she is obligated to do may be forced to do the work, and she does not receive Mezonos until she does it. Beis Din has the right to excommunicate her or to sell her Kesuvah and use the proceeds to hire a servant to do the work for her. According to some opinions, Beis Din has the right to physically force her to do the work. This refers only to a woman who says that "I will not work but I will take Mezonos." The woman does have the right, however, to say that "I will not work but I also will not take Mezonos." According to some opinions, even if she says that "I will not work but I also will not take Mezonos," she still must do some of the work around the house. (Shulchan Aruch EH 80:15)
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