More Discussions for this daf
1. Is Gerushin a "Ma'aseh"? 2. 59B Rav & Shmuel 3. שליחות
4. first mishna of third perek of kiddushin 5. Bitul Dibur/ Shlichus 6. Machlokes Rashi and Tosfos
7. Ani ha'Mehapech b'Chararah 8. Mar'ei Makom 9. שליחות
DAF DISCUSSIONS - KIDUSHIN 59

chaim hopkovitz asked:

the first halacha in the mishna is a case that a man says to "friend" to be mekadesh me a lady and the friend is mekadesh her to himself that she is mikudeshes to the shaini. However - the rambam here in hilchos ishus (9:17) uses the loshon of shaliach. It justs seems interesting because the gemara on the next amud goes onto explain the nafke minah's between the leshonos of shaliach and chavero, but the rambam doesn't seem to consider that. I was just curious if there is a reason why he davka uses shaliach here or not?

chaim hopkovitz, new york city

The Kollel replies:

The Mishna itself uses the terminology of Shliach, which is why the Rambam sticks to the language of Shliach.

Additionally, the main point of the Rambam is to address the issue that such a person transgresses the prohibition of Ani ha'Mehapech b'Chararah, which is more emphasized by the case of Shliach. (See Noda b'Yehuda Tinyana E.H. 71-2 who learns that the Rambam is generally saying that there is a prohibition of Mechusar Emanah (Bava Metzia 49a), not Ani ha'Mehapech. However, most Acharonim argue (see Beis Shmuel on Shulchan Aruch E.H. 35:9 who is implying that the Rambam argues with the Shulchan Aruch, see Aruch Hashulchan E.H. 35:29 and Igros Moshe E.H. 1:91 who have different ways of learning the Rambam, but agree that the Rambam holds the prohibition is Ani ha'Mehapech while the Shulchan Aruch holds Ramaus/Mechusar Emanah.)

If you'd like more on this Rambam let me know.

Kol Tuv,

Yaakov Montrose