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KIDUSHIN 7

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SUMMARY

If a woman says to a man to give a Manah to Ploni and I will be Mekudeshes to you it is a valid Kidushin. (1)
 
If someone gives a woman a Manah and he says that she shall be Mekudeshes to Ploni it is a valid Kidushin. (2)
 
If a woman says to a man give a Manah to Ploni and I will be Mekudeshes to him, it is a valid Kidushin. (3)
 
Movable objects may be acquired together with Karka with a Kinyan Agav by means of Kesef, Shtar or Chazakah.
 
If a woman gives money to an Adam Chashuv and he says you shall be Mekudeshes to me with the pleasure that you received by the fact that I am accepting money from you it is a valid Kidushin.
 
If a person makes a Kinyan with the Din of Arev or Eved Kena'ani it is a valid Kinyan.
 
A Kidushin of half of a man or half of a woman is not a Kidushin.
 
If a man says you shall be Mekudeshes to half of me it is a valid Kidushin because it is tantamount to saying that I reserve the right to marry a second wife.
 
If a man says half of you shall be Mekudeshes to me it is not a valid Kidushin because a woman may not marry a second husband.
 
If someone says that the foot of this animal shall be an Olah it is a Machlokes if the Kedushah spreads and it becomes completely an Olah.
 
If someone says that a vital limb of this animal shall be an Olah everyone agrees that the Kedushah spreads and it becomes completely an Olah.
 
If one partner is Makdish his portion of an animal and subsequently buys the remaining portion of the animal and is Makdish the remainder it is Kadosh but it may not be brought as a Korban. (4)
 
A Temurah may be made from the animal after he was Makdish the remainder and the Din of the Temurah is the same and it may not be brought as a Korban.
 
An animal that was Nidcheh (unfit to be brought as a Korban) will never become fit to be brought as a Korban even if it was Nidcheh from the outset and even if it was original Kedushas Damim.
 
If a man says I am Mekadesh half of you for a half of a Perutah and half of you for half a Perutah it is a Safek if it is a valid Kidushin.
 
If the answer to the previous Safek is that it is a valid Kidushin, if he says half of you for a Perutah and half of you for a Perutah it is a Safek if it is a valid Kidushin.
 
If the answer to the previous Safek is that it is a valid Kidushin, if he says half of you for a Perutah today and half of you for a Perutah tomorrow it is a Safek if it is a Kidushin.
 
If he says I am Mekadesh your two halves for a Perutah it is a Safek if it is a Kidushin.
 
If someone says to his friend that your two daughters shall be Mekudeshes to my two sons it is a Safek if it is a Kidushin. (5)
 
If someone says to his friend that your daughter and cow for a Perutah it is a Safek if it is a Kidushin.
 
If someone says to his friend that your daughter and a piece of land for a Perutah it is a Safek if it is a Kidushin.
 
If someone is Mekadesh a woman with silk and he says that you shall be Mekudeshes with the silk irregardless of its worth, it is a Kidushin.
 
If he says that you are Mekudeshes to me with silk that is worth 50 Zuz if it is not worth 50 Zuz she is not Mekudeshes.
 
If he says that you are Mekudeshes to me with silk that is worth 50 Zuz if it is worth 50 Zuz Rabah says that it is a valid Kidushin even if tteh silk was not evaluated
 
R. Yosef says that it is only a valid Kidushin if it was evaluated prior to the Kidushin. (6)

A BIT MORE

1. She is Mekudeshes with the same Din as an Arev, just as an Arev is Meshu'abad even though he did not receive anything so too she is Mekudeshes even though she did not receive anything.
 
2. She is Mekudeshes with the same Din as an Eved Kena'ani. An Eved Kena'ani may be redeemed even though he did not lose anything and the money was given to the master by others, so too a person may be Mekadesh a woman without giving up any money.
 
3. She is Mekudeshes with the Din as an Arev and an Eved Kena'ani.
 
4. Since when he was originally Makdish the animal it could not have been brought as a Korban it is no longer fit to be brought as a Korban even after it becomes completely Kadosh.
 
5. The two sons are Gedolim (Ketanim may not be Mekadesh) and made their father into a Shali'ach to be Mekadesh for them.
 
6. If it is not evaluated, since a woman is not aware of the true value of the silk she is not confident that it is truly worth 50 Zuz and did not agree to the Kidushin with a full heart.

BRIEF INSIGHT

AN ADAM CHASHUV
 
The Dinim of Rava applies also with regards to Kinyan Mamon. Rashi says that this is a reference to the three Dinim of Arev and Eved Kena'ani. The Ritva explains that with regards to the Din of an Adam Chashuv it does not apply and therefore if money is given to an Adam Chashuv and he says that with the pleasure that you received by the fact that I am accepting money from you I shall be Koneh this land it is not a Kinyan. The reason why this type of Kinyan works with regard to Kidushin is because the woman receives two types of pleasure, she receives the pleasure that she is marrying an Adam Chashuv and secondly she receives the pleasure that the Adam Chashuv is accepting her money. With regard to other Kinyanim since there s only one type of pleasure the Kinyan is not valid.

QUICK HALACHAH

A KIDUSHIN OF TWO HALVES
 
If he says that half of you shall be Mekudeshes to me with a Perutah and the other half with a Perutah or half of you shall be Mekudeshes to me with half a Perutah and the other half with half a Perutah she is Mekudeshes. (Rambam Hilchos Ishus 3:10)
 
In these two cases it is a Kidushei Safek not a Kidushei Vadai. (Ra'avad)
 
The Rambam holds that any time the Gemara states 'Im Timtzeh Lomar' the Halachah is like the 'Im Timtzeh Lomar. (Magid Mishneh)

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