REVACH L'DAF
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SUMMARY
R. Nachman Bar Yitzchak holds that even according to Rebbi Yosi Bar Yehudah the money that was used for the purchase of a maidservant is for the Kidushei Yi'ud.
R. Eliezer holds that a father may sell his daughter for a maidservant after he accepted Kidushin for her.
If a person is Mezaneh with the wife of a Katan he is not Chayav Misah because a Katan may not marry.
If a nine year old Yavam is Bo'El his Yevamah she is not an Eshes Ish and if someone is Mezaneh with her he is not Chayav Misah.
Only is a Gadol may do Yi'ud with a maidservant because Yi'ud requires Da'as.
According to Rebbi Yosi Bar Yehudah the money that was used for the purchase of a maidservant is not for the Kidushei Yi'ud and therefore the Yi'ud must be done with her Da'as. (1)
Rebbi Yosi Bar Yehudah says that Yi'ud may only be done if there is at least a Shaveh Perutah worth of servitude left before the end of the six years. (2)
Rava says that a father may instruct his daughter who is a Ketanah to accept her own Kidushin. (3)
If someone is Mekadesh a woman with a loan that she owes him and he has a Mashkon on, it is a valid Kidushin. (4)
According to the Rabanan if the master wants to do Yi'ud he shall say in front of two witnesses you are Meyu'edes or Mekudeshes or Me'ureses to me and he may do so even at the very end of the six years. (5)
If someone is Mekadesh a woman and he says that the Kidushin shall go into effect immediately [if I want the Kidushin] after thirty days, if a second person is Mekadesh her within thirty days she is Mekudeshes to the first person. (6)
Rebbi Yosi Bar Yehudah holds that if a maidservant accepts Kidushin from someone other than the master or his son it is a Kidushin, while the Rabanan hold that the master retains the right to do Yi'ud.
If someone is Mekadesh a woman for after thirty days and she accepts Kidushin from a second person within the thirty days she is Mekudeshes to the second person.
If someone sells his daughter for a maidservant on the condition that the master may not do Yi'ud it is a valid Tenai according to R. Meir, while the Chachamim hold that the Tenai is not valid because it contravenes the Torah. (7)
If someone is Mekadesh a woman on condition that he is not obligated in She'er, Ksus and Onah, the Tenai is not valid according to R. Meir, while Rebbi Yehudah holds that the Tenai is valid for She'er and Ksus but not for Onah. (8)
The Tana Kama holds that a father may sell his daughter to a Mamzer or Nasin while R. Eliezer holds that he may even sell her to relatives. (9)
A father may not sell his daughter once she is a Na'arah.
A BIT MORE
1. R. Nachman Bar Yitzchak holds that the money was given for Kidushin and even so it is a Gezeiras ha'Kasuv that Yi'ud requires her Da'as.
2. Rebbi Yosi Bar Yehudah holds that the value of the remaining servitude is what is what is used for the Kidushei Yi'ud and therefore if there is less than a Shaveh Perutah he may not do Yi'ud. R. Nachman Bar Yitzchak holds that even according to Rebbi Yosi Bar Yehudah the money that was used for the purchase of a maidservant is for the Kidushei Yi'ud and it is a Gezeiras ha'Kasuv that there must be a Shaveh Perutah of servitude left.
3. This is learned from Rebbi Yosi Bar Yehudah who holds that the value of the remaining servitude is what is what is used for the Kidushei Yi'ud and thus she is accepting her own Kidushin.
4. This is learned from Rebbi Yosi Bar Yehudah who holds that the value of the remaining servitude is what is what is used for the Kidushei Yi'ud; the money that he gave for her servitude is a loan and the girl is the Mashkon.
5. Even if it is right before sunset on the last day of the sixth years he may do Yi'ud and from that point he starts acting like a husband, not like a master. According to Rebbi Yosi Bar Yehudah however, Yi'ud may only be done if there is at least a Shaveh Perutah worth of servitude left before the end of the six years.
6. This is learned out from Kidushei Yi'ud according to the Rabanan; the money that was given for the purchase of the maidservant is used for the Kidushin if later on the master wants the Kidushin and the Kidushei Yi'ud goes into effect retroactively from the time of the purchase.
7. R. Meir normally also holds that a Tenai may not contravene the Torah, but it is a Gezeiras ha'Kasuv in this case that he may sell her with this condition.
8. R. Meir holds that the Tenai is not valid because it contravenes the Torah, while Rebbi Yehudah holds that regarding a financial obligation one may make a condition that contravenes the Torah therefore the Tenai is valid regarding She'er (food) and Ksus (clothing) but not for Onah (marital relations).
9. The Tana Kama holds that he may not sell her to relatives because it is impossible to do Yi'ud even b'Di'eved, but a Mamzer or Nasin b'Di'eved if he does Yi'ud it is valid.
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BRIEF INSIGHT
KIDUSHEI KATAN
The Gemara asks if a person may be Meya'ed his maidservant to his son who is a Katan. What is the Havah Amina that a Katan may do Yi'ud? Why should we think that Yi'ud is different than a regular Kidushin? The Pnei Yehoshua answers that the Yi'ud of the son of the master to the maidservant is a Chidush even if the son is a Gadol because the money that was given by the father for the purchase of the maidservant is the Kesef Kidushin and the son did not make the father a Shali'ach to be Mekadesh for him and even so it is a valid Kidushin. Therefore I may think that the son is in place of the father completely and even if the son is a Katan it is a valid Kidushin.
QUICK HALACHAH
MITZVAS YI'UD
The master or his may only do Yi'ud with the Da'as of the maidservant even though her father already received the money because the Pasuk states Ye'adah which implies with her Da'as. If the master dies the son may not do Yi'ud because she goes free upon the death of the master. (Rambam Hilchos Avadim 4:8)
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