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KIDUSHIN 10

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SUMMARY

If ten people rape or seduce a Na'arah she'Lo k'Darkah all of them must pay Knas. (1)
 
R. Oshiah holds that if a Gadol is a Bo'El a Ketanah ha'Me'orasah he is Patur from Misah, while R. Yonasan holds that he is Chayav Misah. (2)
 
A Kidushei Bi'ah is not Koneh until the end of the Bi'ah.
 
A Kohen Gadol may not be Mekadesh a woman with Bi'ah because he is prohibited from marrying a Be'ulah and she becomes a Be'ulah at the beginning of the Bi'ah and he is only Koneh her at the end of the Bi'ah.
 
It is a Safek if Kidushei Bi'ah is a Nisu'in or only an Erusin.
 
A father may accept Kidushin for his daughter with Kesef Shtar or Bi'ah and he has the right to her Metzi'ah and handiwork, and he may annul her Nedarim and accept her Get. (3)
 
A father does not have the right to the fruit of the daughter's property but when she marries her husband has the rights to the fruit of her Nichsei Melug.
 
A three year old girl may be Miskadeshes with Bi'ah and if a Yavam is Bo'El her it is a valid Yibum and if she is an Eshes Ish one who is Bo'El her is Chayav Misah.
 
If a three year old is a Nidah and someone is Bo'El her he is Mitamei Mishkav with the same Tum'ah as the Elyono of a Zav. (4)
 
If a three year old marries a Kohen she may eat Terumah, if one of the Arayos is Bo'El her he is Chayav Misah but she is Peturah (because she is a Ketanah) and if one of the Pesulim is Bo'El her she is Pesulah for Kehunah.
 
A Shifchah Kena'anis who is bought by a Kohen may eat Terumah.
 
A Bas Yisrael who is an Arusah to a Kohen may eat Terumah Min ha'Torah, but the Chachamim decreed that she may not eat Terumah until the Chupah. (5)
 
Ravina says that Ben Bag Bag holds that an Arusah Bas Yisrael may not eat Terumah because of the possibility that she is has physical flaws and when the husband finds out the Kidushin will be a Mekach Ta'us.

A BIT MORE

1. Even according to Rebbi who holds that a Be'ulah she'Lo k'Darkah is no longer regarded as a Besulah Rebbi agrees that regarding Knas she is considered a Besulah.
 
2. According to R. Oshiah it is a Gezeiras ha'Kasuv since the Ketanah is Patur from Misah the Gadol is Patur from Misah as well. R. Yonasan holds however that the Gadol is Chayav Misah even though the Ketanah is Patur.
 
3. The father only has the rights to the daughter while she is a Ketanah or Na'arah.
 
4. The Tum'ah of a Bo'El Nidah is not as stringent as the Tum'ah of a Nidah herself and his Mishkav does not become an Av ha'Tum'ah only a Rishon l'Tum'ah.
 
5. Because of the concern that she will feed the Terumah to her family members who are forbidden from eating Terumah.

BRIEF INSIGHT

CHOICE OF MARRIAGE
 
If ten people rape a Na'arah she'Lo k'Darkah all of them are must pay Knas. Which one of them must marry her? The Torah obligates a person who is Me'anes a Na'arah to marry her and never divorce her. The Yerushalmi states that it is her choice to decide which one she wants to marry. If she chooses one she may change her mind and choose another as long as she had not yet accepted.

QUICK HALACHAH

ARUSAH AS YISRAEL
 
A Bas Yisrael who is married to a Kohen, even if she is a Ketanah, if she is at least three years old she may eat Terumah and the Chazeh v'Shok. Min ha'Torah she may eat these things as soon as she becomes an Arusah because she is the Kinyan of the Kohen, but the Chachamim prohibit her from eating these things until the Chupah because of a Gezeirah that she may feed the Terumah to her family. (Rambam Hilchos Terumos 6:3)

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