KIDUSHIN 6-7 - sponsored by Asher and Etti Schoor of Lawrence, NY. May they be blessed with a year filled with the joy of the Torah and see their children continue to grow in Avodas Hashem.

1)

WHO MAY GIVE AND RECEIVE THE MONEY

(a)

(Rava): If Leah told Reuven 'give money to Ploni, and I will be Mekudeshes to you', we learn from the law of an Arev (guarantor) that this works.

1.

An Arev obligates himself (to pay a loan, if the lender does not), even though the Arev does not benefit. Likewise, Leah can acquire herself to Reuven without receiving the money.

(b)

(Rava): If one told Leah 'take this money and be Mekudeshes to Ploni', we learn from (redemption of) a Kena'ani slave that this works.

1.

When one pays a Kena'ani slave's master to redeem him, the slave acquires himself (his freedom), even though he does not pay. Likewise, Ploni can acquire a wife without paying.

(c)

(Rava): If Leah told Reuven 'give money to Ploni, and I will be Mekudeshes to him', we learn from the laws of an Arev and a slave that this works.

1.

An Arev obligates himself, even though he does not benefit. Likewise, Leah can acquire herself (to Ploni) without receiving money.

2.

Question: Here is different! An Arev becomes obligated to one who gave money. Leah wants to become Mekudeshes to a man who did not pay!

3.

Answer: We learn from a Kena'ani slave. He acquires himself without paying. (Also Ploni can acquire a wife without paying!)

4.

Question: There is different. The master, who causes the slave to acquire himself, receives money. Here, the woman acquires herself to Ploni without receiving anything!

5.

Answer: We learn from an Arev that she can acquire herself without receiving anything.

(d)

Question (Rava): If Leah told Reuven 'take this money, and I will be Mekudeshes to you', what is the law?

(e)

Answer (Mar Zutra): She is Mekudeshes.

(f)

Question (Rav Ashi): (A verse equates slaves (and all people) to land.) How can land (Leah) be acquired Agav (along with) Metaltelim (the money)? The opposite is true!

1.

(Mishnah): Metaltelim are acquired Agav land when an acquisition is done on the land, namely giving money, a document, or Chazakah.

(g)

Answer (Mar Zutra): She is not acquired Agav the money. I discuss giving money to a distinguished person. He gives her Hana'ah (pleasure) by accepting her gift. This Hana'ah is Mekadesh her.

(h)

(Rava): These laws apply also to sales.

(i)

It is necessary to teach these laws in both cases.

1.

Had we heard only regarding Kidushin, we would think that they only work there, for a woman is happy to marry any man.

i.

(Reish Lakish): A woman prefers to be married than to remain single.

2.

Had we heard only regarding monetary laws, we would think that they work only there, for one can pardon someone's obligation to pay him, but not by Kidushin.

2)

PARTIAL KIDUSHIN

(a)

(Rava): If one told a woman 'you should be Mekudeshes to half of me', she is Mekudeshes to him. If he said 'half of you is Mekudeshes to me', she is not Mekudeshes.

(b)

Question (Abaye): Presumably, 'half of you is Mekudeshes to me' does not work because it says "(a man will take) a woman", but not half a woman;

1.

Likewise, 'you should be Mekudeshes to half of me' should not work. The Torah discusses a man, and not half a man!

(c)

Answer (Rava): A woman cannot be married to two men. He must mean that he wants to be Mekadesh only half of her;

1.

A man can marry two women. When he said 'you are Mekudeshes to half of me', he merely warns her that he may marry another woman.

(d)

Question (Mar Zutra Brei d'Rav Mari): The Kidushin should spread to apply to all of her!

1.

(Beraisa): If one said 'the leg of this animal is an Olah', the entire animal is an Olah.

i.

One opinion says it is not entirely an Olah, but all agree that agrees that if one was Makdish something vital for life, the entire animal is an Olah.

(e)

Answer (Ravina): There is different. An animal has no input in becoming Hekdesh, we are concerned only for the intention of the owner;

1.

Here, the woman must agree to the Kidushin!

(f)

Kidushin is more comparable to R. Yochanan's law.

1.

(R. Yochanan): If Reuven and Shimon were partners in an animal, and Reuven made his half a Korban, then bought Shimon's share and made it a Korban as well, the animal is Hekdesh, but it cannot be offered. (Reuven's initial Hekdesh did not work entirely, because Shimon's consent was required);

i.

If one makes Temurah on the animal (tries to transfer its Kedushah to a Chulin animal), the Chulin animal gets the same status.

(g)

We learn three things from R. Yochanan's law;

7b----------------------------------------7b

1.

Dichuy applies to living animals (if an animal was once Pasul (disqualified) from being offered, it is permanently Pasul, even if the reason it became Pasul goes away);

2.

Dichuy applies even if it was Pasul from when it became Hekdesh;

3.

Dichuy applies even to Kedushas Damim (something that was made Hekdesh to be sold to buy a Korban).

(h)

Question #1 (Rava): If one told a woman 'half of you is Mekudeshes to me with half a Perutah, and half of you with half a Perutah', what is the law?

1.

Since he said 'half of you', that shows that he was Mekadesh only half of her (and then tried again to be Mekadesh half of her. She is not Mekudeshes);

2.

Or, perhaps he just tallies how much he is being Mekadesh (and in total, he is Mekadesh all of her)!

(i)

Question #2: If you will say that he just tallies, if he said 'I am Mekadesh half of you with a Perutah, and half of you with a Perutah', what is the law?

1.

Since he gave a Perutah (the amount required for Kidushin) for half, this shows that he is Mekadesh only half each time;

2.

Or, perhaps the entire day he tallies how much he is Mekadesh!

(j)

Question #3: If you will say that the entire day he just tallies, if he said 'I am Mekadesh half of you today with a Perutah, and half of you tomorrow with a Perutah', what is the law?

1.

Since he said 'tomorrow', this shows that he is Mekadesh half each time;

2.

Or, perhaps he just tells her that the Kidushin should start today and finish tomorrow!

(k)

Question: If he said 'I am Mekadesh both halves of you with a Perutah' what is the law?

1.

Here, surely he is Mekadesh her at once;

2.

Or, perhaps one cannot be Mekadesh a woman in halves at all!

(l)

These questions are not resolved.

3)

THE PERUTAH REQUIRED FOR KIDUSHIN

(a)

Question (Rava): If Reuven told Shimon 'I am Mekadesh your two daughters to my two sons with one Perutah', what is the law?

1.

From the standpoint of the giver and receiver, Reuven gives a Perutah and Shimon receives a Perutah (so both acts of Kidushin are valid);

2.

Or, do we require that a Perutah is received for each girl who becomes Mekudeshes (so they are not Mekudashos)?

(b)

This question is unresolved.

(c)

Question (Rav Papa): If one said 'I am Mekadesh your daughter and buy your cow with a Perutah', what is the law?

1.

Does he give half a Perutah for each (and acquires neither)?

2.

Or, is he Mekadesh with a Perutah, and intends to acquire the cow by taking it to his premises?

(d)

This question is unresolved.

(e)

Question (Rav Ashi): If one said 'I am Mekadesh your daughter and buy your land with a Perutah', what is the law? (This is unlike the previous case, for money can acquire land, but it cannot

1.

Does he give half a Perutah for each (and acquires neither)?

2.

Or, does he Mekadesh with a Perutah, and intend to buy the land through Chazakah?

(f)

This question is unresolved.

4)

MUST SOMETHING GIVEN FOR KIDUSHIN BE APPRAISED?

(a)

(Rabah): If one was Mekadesh a woman with silk, we need not appraise the silk.

(b)

(Rav Yosef): The silk must be appraised.

(c)

Version #1: If he told her that he is Mekadesh her with Kol d'Hu (any amount), all agree that no appraisal is needed;

(d)

If he told her that it is worth 50, and it is not, she did not agree to be Mekudeshes for less!

(e)

They argue in a case when he told her that it is worth 50, and it is;

1.

Rabah does not require an appraisal, for it is worth 50;

2.

Rav Yosef requires an appraisal. Since women do not know the value, if it is not appraised, she does not resolve that she wants to be Mekudeshes.

(f)

Version #2: They argue also about one who said that he is Mekadesh with Kol d'Hu;

1.

Rav Yosef says, Shavah Kesef (something worth money) must be like money (to be Mekadesh). Just like money is Kayitz (has a known value), also Shavah Kesef.

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