REVACH L'DAF
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| KIDUSHIN 11 (7 Elul) - Dedicated in memory of Esther Miryam bas Harav Chaim Zev and her husband Harav Refael Yisrael ben Harav Moshe (Snow), whose Yahrzeits are 7 Elul and 8 Elul respectively. Sponsored by their son and daughter in law, Moshe and Rivka Snow. |
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SUMMARY
Ula holds that an Arusah Bas Yisrael to a Kohen may not eat Terumah because of the concern that she will share it with her family.
A servant is never returned as a result of a Mekach Ta'us because the buyer was aware of a revealed Mum and a hidden Mum does not make a difference.
If a servant was bought and he turned out to be a thief or a kidnapper it is not a Mekach Ta'us because it should be expected.
If a servant was bought and he turned out to be a an armed robber or he was condemned to death by the Kingdom it is not a Mekach Ta'us because it has a Kol and the buyer should have known about it.
According to Ravina an Arusah Bas Yisrael to a Kohen may eat Terumah if the Kohen accepts any Mumim that she may have. (1)
If the father gave over an Arusah Bas Yisrael to the Sheluchim of the Kohen or the Sheluchim of the father went to bring her together with the Sheluchim of the Kohen she may eat Terumah according to Ula. (2)
Beis Shamai holds that that a Dinar is the minimum amount needed for a Kidushei Kesef.
R. Zeira says that the reason for Beis Shamai is because a woman is Makpid not to be Miskadeshes for less than a Dinar. (3)
R. Yosef says that the reason for Beis Shamai is because anytime the Torah states Kesef it is a reference to Kesef Tzuri. (4)
Anytime the Rabanan state Kesef it is a reference to Kesef Medinah. (5)
The obligation to swear a Shevu'as Modeh b'Miktzas is only if the Ta'anah was at least two Kesef and the admittance at least one Perutah. (6)
If a person makes a claim on Kelim the obligation to swear a Shevu'as Modeh b'Miktzas is only if the Kelim are Chashuv and are worth at least two Kesef.
A Perutah may be used to redeem Ma'aser Sheni.
If Hekdesh that is worth a Manah is redeemed on a Perutah it is a valid redemption.
Anytime the Torah gives a fixed amount of Kesef it must be paid in Shekel ha'Kodesh which is 1/25 of a Manah Tzuri.
If someone blows in his friend's ear he must pay a Sela of Kesef Medinah for embarrassment which is a half of a Zuz.
A Jewish servant may buy his freedom with Kesef and he may subtract from the purchase price in accordance with the years that he had was in servitude.
A BIT MORE
1. Ravina holds that the reason why an Arusah Bas Yisrael to a Kohen may not eat Terumah is of the concern that she has a Mum and the Kidushin will turn out to be a Mekach Ta'us. Therefore if the Kohen accepts the Mumim there is no longer any concern.
2. Ula holds that the reason why Arusah Bas Yisrael to a Kohen may not eat Terumah is because of the concern that she will share the Terumah with her family and once she is on the way to the her Chasan she is no longer living with her family.
3. However if she knew that the amount was less than a Dinar and she accepted anyway it is a valid Kidushin. The Din of Beis Shamai only applies if she accepted the Kidushin at night or if she accepted it by means of a Shali'ach.
4. A Perutah is copper and it is not Kesef.
5. Kesef Medinah is one eighth of Kesef Tzuri
6. Rav holds that the denial must be at least two Kesef and Shmuel holds that the claim must be at least two Kesef.
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BRIEF INSIGHT
COINS AT THE TIME OF MOSHE
R. Yosef says that the reason for Beis Shamai is because anytime the Torah states Kesef it is a reference to Kesef Tzuri. Rashi explains even though the Me'ah is the smallest coin of Kesef, however since a Perutah is not sufficient it is obvious that a Chashuv coin is required and therefore a Dinar is required. However the Rashba argues with Rashi and he says that a Dinar is the smallest coin of Kesef because the Me'ah did not exist at the time of Moshe Rabeinu. Even though the Geirah that is mentioned in the Torah is translated by Targum Onkelus as a Me'ah that is because the Geirah was the same weight as the Me'ah that existed at the time of Onkelus.
QUICK HALACHAH
HIDDEN FLAWS
Someone who sells a servant the buyer may not return the servant for the reason of physical flaws which do not negatively affect his ability to work. The reason is because if the flaws are revealed the buyer knew about them at the time of the purchase and if the flaws are hidden, if it does not negatively impact his ability to work it should not matter to the buyer because servants are for the purpose of working not for marital relations. (Rambam Hilchos Mechirah 6:12)
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