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KIDUSHIN 9

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SUMMARY

If a woman requests something from a man and he asks if I give it to you will you be Mekudeshes to me and she says give- give it is not a valid Kidushin
 
If she says give once it is a Machlokes if it is a Kidushin.
 
If a person writes on a piece of parchment or earthenware your daughter is Mekudeshes to me, even if it is not worth a Perutah it is a Kidushin.
 
A Shtar Mechirah is written by the seller and a Shtar Kidushin is written by the man.
 
If a person is Mekadesh a Ketanah or a Na'arah with a Shtar Kidushin he may give the Shtar to the father or even to the girl if it is given to her with Da'as of the father.
 
If a person is Mekadesh a Bogeres (a girl 12 ½ and older) with a Shtar Kidushin he may give the Shtar to the girl or to the father with the Da'as of the girl. (1)
 
A Get must be written Lishmah.
 
Although a coin that is used for Kesef Kidushin does not have to be stamped Lishmah however a Shtar Kidushin must be written Lishmah. (2)
 
It is a Machlokes if a Shtar Kidushin must be written with the Da'as of the woman.
 
The Shetaros of Erusin and Nisu'in which detail the conditions the families of the Chasan and Kalah are committing to must be written with the Da'as of both sides.
 
When the families of the Chasan and Kalah make an agreement as soon as the Kidushin is done it is binding even though no Kinyan was made. (3)
 
The Tana Kama holds that if ten people are Bo'El a Na'arah ha'Me'orasah she'Lo k'Darkah all of them are punished with Sekilah. (4)
 
Rebbi holds the first person is punished with Sekilah and the others are punished with Chenek. (5)
 
If the Chasan is Bo'El a Na'arah ha'Me'orasah she'Lo k'Darkah everyone agrees that she is regarded as a Be'ulah and someone who is Bo'El her is punished with Chenek.

A BIT MORE

1. If the girl requested that her father accept the Shtar Kidushin it may be given to the father.
 
2. We learn out a Shtar Kidushin from a Get just like a Get must be written Lishmah so too a Shtar Kidushin must be written Lishmah.
 
3. As a result of the Hana'ah that they have from marrying each other they are Gomer and Makneh (whole heartedly commit themselves) even without a Kinyan.
 
4. Someone who is Bo'El a Na'arah ha'Me'orasah only is punished Sekilah if she is a Besulah, if she is a Be'ulah the punishment is Chenek. The Tana Kama holds that if she is a Be'ulah she'Lo k'Darkah she is still regarded as a Besulah and therefore all ten of them are punished with Sekilah.
 
5. Rebbi holds that a Be'ulah she'Lo k'Darkah is no longer regarded as a Besulah and therefore only the first person is punished with Sekilah.

BRIEF INSIGHT

KIDUSHEI KETANAH
 
If a person is Mekadesh a Ketanah with a Shtar Kidushin he may give the Shtar to the girl if it is given to her with Da'as of the father. Why may the Kidushin be given to the girl? A Ketanah may not become a Shali'ach!. The Rosh answers that although a Ketanah may not be a Shali'ach to be Mezakeh to others, however she may be a Shali'ach to be Mezakeh for herself. Therefore since she is Miskadeshes with the Kidushin she may be a Shali'ach of her father. The Rashba explains that it is as if the father said that anyone who gives the Kesef Kidushin to my daughter it is as if the Kesef Kidushin reaches my hand. It is similar to a woman who tells the man to give s the Kesef Kidushin to Ploni and I will be Mekudeshes to you.

QUICK HALACHAH

KIDUSHEI SHTAR
 
A Shtar Kidushin must be written in the name of the woman who will be Miskadeshes with it, just like a Get, and it must be written with the Da'as of the woman. If the Shtar was written she'Lo Lishmah or if it was written without the Da'as of the woman even it is given to her in front of witnesses with her Da'as it is not a valid Kidushin. (Rambam Hilchos Ishus 3:4)
 
The Rashba says that the Shtar Kidushin must mention the names of the man and woman just like a Get. (Magid Mishneh)

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