REVACH L'DAF
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SUMMARY
If someone has two groups of daughters from two wives and he says that he Mekadesh the Gadolah everyone agrees that the middle daughters from the second wife are permitted. (1)
If someone says to a woman that I was Mekadesh you if she denies it he is forbidden to her relatives but she is not forbidden to his relatives. (2)
If a woman says to a man that you were Mekadesh me if he denies it she is forbidden to his relatives and he is permitted to her relatives.
If someone says to a woman that I was Mekadesh you and she says that you were Mekadesh my daughter he is forbidden to her relatives, but both the woman and her daughters are permitted to her relatives. (3)
If someone says to a woman that I was Mekadesh your daughter and she says that you were Mekadesh me he is forbidden to the relatives of the Ketanah and the Ketnah is permitted to her relatives, the mother is to forbidden to his relatives but he is permitted to her relatives.
If a woman says to a man that you were Mekadesh me if he denies it we request from him to give her a Get; if he gives her a Get without any prompting he must give her a Kesuvah. (4)
If someone is Mekadesh a woman in front of one witness it is not a Kidushin.
If someone is Mekadesh a woman in front of one witness and the man and woman both admit that he was Mekadesh her, R. Yehudah is in doubt if it is a Kidushin, while Shmuel says it is not a Kidushin
If someone divorces his wife and subsequently sleeps with her in an inn if there are witnesses for the Yichud but not for the Bi’ah according to Bais Shamai it is not necessary to give her another Get. (5)
Bais Hilel holds that she requires another Get, but he admits that if they were divorced from Eirusin she doesn’t require another Get because they were not yet comfortable with each other. (6)
If two people and a woman arrive from overseas with a package and each man says that the woman is my wife and the other man is my servant and the package is mine and the woman says that the two men are my servants and the package is mine, if both men give her a Get she may collect her Kesuvah from the package. (7)
R. Me'ir holds that a woman may collect her Kesuvah from movable objects.
If a Ba'al Din admits that he owes money it is the same as if 100 witnesses testified that he owes the money.
Witnesses are required for a transaction only for proof of the transaction, but the transaction is valid even without witnesses.
If one witness testifies that a person ate Chelev b'Shogeg if the person is silent he must bring a Korban, however if he denies it he doesn’t bring a Korban.
If one witness testifies that a person’s Taharos became Tamei if he is silent the witness is believed.
A BIT MORE
1. R. Me'ir who says that everyone is forbidden except for the youngest is referring to a case that the second wife had only two daughters, however if she has more than two daughters only the oldest is forbidden not the middle ones.
2. He claims that he was Mekadesh her in front of two witnesses but the witnesses traveled overseas and are not around to testify, even though he is not believed he is forbidden to her relatives because he made them into a Chatichah d’Isura
3. The woman is not believed regarding her daughter because the Torah only believes the father who is one who may be Mekadesh his daughter, but the mother is not believed.
4. Since he gave a Get so willingly it is tantamount to admitting that he was Mekadesh her and he must give her a Kesuvah.
5. Bais Shamai holds that even though there are witnesses that they were in seclusion together we don’t assume that they had Bi’ah.
6. According to Bais Hilel since there are witnesses that they were in seclusion together we assume that they had Bi’ah and the Bi’ah was for Kidushin, however if she was divorced from E’irusin since they were not yet comfortable with each other we don’t assume that they had Bi’ah.
7. The two men are not obligated to give her a Get since there are no witnesses that testfity that either one of them was Mekadesh her however if the two of them gave her a Get willingly it is regarded as an admittance that they owe her a Kesuvah and therefore she may collect the Kesuvah from the package. The remainder of the packages after she collect the Kesuvah from it should be put aside until Eliyahu ha’Navi comes and instructs us who the package belongs to. If they don’t give her a Get than the entire package is put aside until Eliyahu ha’Navi comes.
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BRIEF INSIGHT
GET OF A TALMID CHACHAM
If a woman says to a man that you were Mekadesh me if he denies it we request from him to give her a Get; if he gave her a Get without any prompting he must give her a Kesuvah because it is tantamount to an admittance that he was Mekadesh her. However, the Rashba says that if he is a Talmid Chacham and he knows that once she claims that he was Mekadesh her she is forbidden to the entire world and when he gives her a Get he says that I am giving her a Get to free her to get married but not as an admittance that I was Mekadesh her is such a case he doesn’t have to give her a Kesuvah. However, if he doesn’t say anything at the time that he gave her a Get even if he is a Talmid Chacham he must give her a Kesuvah.
QUICK HALACHAH
WITNESSES FOR A KINYAN
A purchase is not finalized with mere words. If two people consent to a transaction and agree to a price they may retract even if they agreed in front of witnesses and they told the witnesses that they want them to be witnesses in this transaction. The transaction is not finalized until a proper Kinyan is made. Once a proper Kinyan is made neither one of them may retract even if it there were no witnesses. Even if they were Mochel to each other it is not effective and they have to make a Kinyan. (Shulchan Aruch CM 189:1)
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Index to Revach for Maseches Kidushin
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