REVACH L'DAF
brought to you by Kollel Iyun Hadaf of Yerushalayim
daf@dafyomi.co.il http://www.dafyomi.co.il
& Revach l'Neshamah - http://www.revach.net
|
|
SUMMARY
A Get Pashut that was signed on the back or a Get Mekushar that was signed on the front are Pasul. (1)
R. Chanina Ben Gamliel says that a Get Mekushar which was signed on the front is Kosher because it can be made into a Get Pashut. (2)
If a husband instructs a Shali'ach to write a Get the Shali'ach should write the Get in accordance with the Minhag of the Medinah and if he fails to so the Get is Pasul.
If the Minhag of the Medinah is to write both a Get Pashut and a Get Mekushar and the husband instructs the Shali'ach to write a Get Pashut if the Shali'ach writes a Get Mekushar according to the Tana Kama the Get is Pasul.
R. Shimon Ben Gamliel holds that the Get is Kosher because the husband is not Makpid. (4)
If a woman instructs a Shali'ach to accept her Get for her in one place and he accepts in another place the Tana Kama holds that the Get is Pasul.
R. Eliezer holds that even though the Shali'ach accepted the Get in another place it is Kosher because she does not care where he accepts it. (5)
Everyone agrees that if a person is Mekadesh a woman under the premise that his lineage is inferior and it turn out that he has superior lineage it is not a Kidushin. (6)
If a person is Mekadesh a woman on condition that he has a daughter or a maidservant who is a Gedolah and it turns out that he does not or vice versa it is not a Kidushin.
If a person is Mekadesh a woman on condition that he knows how to read from the Torah if he reads three Pesukim in Shul it is a Kidushin.
Rebbi Yehudah says that he must read the Pesukim along with the Targum on the Pesukim.
Someone who translates a Pasuk in the Torah literally is a liar.
Someone who adds to the Targum of Onkelus is acting with dishonor and disrespect to Hashem Yisbarach.
If a person is Mekadesh a woman on condition that he is a Kara (he reads) he must read Torah, Nevi'im and Kesuvim properly.
If a person is Mekadesh a woman on condition that he is Shoneh (he knows how to learn Torah), Chizkiyah says that he must know Halachah l'Moshe m'Sinai, while R. Yochanan says that he must know Midrash on the To.rah.
R. Meir says that Mishnah is a reference to Halachah l'Moshe mi'Sinai while Rebbi Yehudah says that it is a reference to Midrash
If a person is Mekadesh a woman on condition that he is a Tana (he learns Torah) he must know Hilchata, Sifra, Sifri and Tosefta
If a person is Mekadesh a woman on condition that he is a Talmid he must be able to answer a question on what he is learning and even if he is only learning Meseches Kalah it is sufficient. (7)
If a person is Mekadesh a woman on condition that he is a Chacham he must be able to answer a question on a Devar Chachamah (a question base on logic) regardless of the topic.
If a person is Mekadesh a woman on condition that he is a Gibor if his friends are in fear of him because of his strength it is a Kidushin.
If a person is Mekadesh a woman on condition that he is rich if he is respected by the local populace because of his wealth it is a Kidushin.
If a person is Mekadesh a woman on condition that he is a Tzadik even if he is a complete Rasha it is a Kidushin because maybe he contemplated thoughts of Teshuvah.
If a person is Mekadesh a woman on condition that he is a Rasha even if he is a complete Tzadik it is a Kidushin because maybe he contemplated thoughts of Avodah Zarah.
A paucity of Torah knowledge indicates haughtiness. (8)
If a person is Mekadesh a woman on condition that he is a Kohen and it turns out that he is a Levi or vice versa it is not a Kidushin.
If a person is Mekadesh a woman on condition that he is a Mamzer and it turns out that he is a Nasin or vice versa it is not a Kidushin
If a person is Mekadesh a woman on condition that he is a live in a small town or that his house is close to the bathhouse and it turns out to be untrue or vice versa it is not a Kidushin.
If a person is Mekadesh a woman on condition that he has a daughter or maidservant who is a Gedolah, or that he does not have sons and it turns out that to be untrue or vice versa it is not a Kidushin.
If a person sells his property because he plans to move to Eretz Yisrael but he did not mention anything at the time of the sale he may not back out even if he does not end up moving. (9)
A BIT MORE
1. The Chachamim were Mesaken a Get Mekushar for Kohanim who may not remarry their divorced wives. A get Mekushar is complex to write and it gives the Kohen more time to have a change of heart. Spaces are left between the lines of the Get and the Get is folded at the spaces and the witnesses sign the Get on the back in between the folds.
2. The Tana Kama holds however that a Get Mekushar may not be made into a Pashut because a Get Mekushar is predated
3. If the Minhag of the Medinah is to write a Get Pashut he must write a Get Pashut he must do so and if the Minhag of the Medinah is to write a Get Mekushar he must write a Get Mekushar
4. Although the husband instructed him to write a Get Pashut he does not mind if he writes a Get Mekushar he only mentioned a Get Pashut because it is easier; however the Tana Kama holds that he is Makpid that he should write a Get Pashut.
5. She mentioned the place only because that is where she thought her husband was. However, the Tana Kama holds that she is Makpid that the Shali'ach accepts the Get only in the place that she mentioned.
6. Even according to R. Shimon who holds that if she was deceived for her for the benefit it is a Kidushin agrees in this case that it is not a Kidushin because she does not want someone with superior lineage who will lord over her.
7. Maseches Kalah is a very simple Limud and even so if he can answer a question on Maseches Kalah it is sufficient.
8. A person who is haughty is not an appropriate receptacle for Torah because his arrogance restrains him from learning from others and from reviewing his Limud.
9. If he mentioned at the time of the sale that he is selling because he is moving to Eretz Yisrael he would have the right to back out because he only wants to sell if he moves, however in this case since he didn't mention anything, that which he wants to move to Eretz Yisrael is words of the heart and words of the heart are meaningless.
|
BRIEF INSIGHT
THOUGHTS OF TESHUVAH
If a person is Mekadesh a woman on condition that he is a Tzadik even if he is a complete Rasha it is a Kidushin because maybe he contemplated thoughts of Teshuvah. The Maharam mi'Padoba asks why is a Kidushin that is done in front of Pesulei Edus not valid. It should be a Safek Kidushin because maybe the witnesses contemplated thoughts of Teshuvah! The Maharam mi'Padoba answers that only in this case we suspect that they contemplated thoughts of Teshuvah since he wants that the Kidushin shall be effective. In addition, since he said in front of two witnesses “on condition that I am a Tzadik” that leads us to suspect that maybe he contemplated thoughts of Teshuvah. (Lechem Mishneh)
QUICK HALACHAH
A KIDUSHIN ON CONDITION
If a person is Mekadesh a woman on condition that I am a spice merchant and he is a spice merchant and a tanner, if he says on condition that I live in a small town and he lives in both a small and a large town, if he says on condition that my name is Yosef and his name is Yosef Shimon, it is a valid Kidushin. However, if he says that my name is only Yosef and his name is Yosef Shimon, or he says that I am only a spice merchant and he is both a spice merchant and a tanner, or he says that I am only a resident of a small town and he is both a resident of a small town and a large town it is not a Kidushin. (Rambam Hilchos Ishus 8:3)
|
Next Daf
Index to Revach for Maseches Kidushin
|
