REVACH L'DAF
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SUMMARY
If a Ketanah is a Shomeres Yavam from Erusin, only her father may accept Ma'amar from the Yavam; if she is a Na'arah both the Na'arah and her father may accept Ma'amar.
Rebbi holds that if a Yavam does Ma'amar with his Yevamah without her consent it is valid, while the Chachamim disagree. (1)
Only the father, not the Na'arah, may accept the Kidushin of a Na'arah ha'Me'orasah. (2)
Rebbi Yehudah agrees with the Chachamim regarding the Ma'amar of a Yavam that that both the Na'arah and her father may accept the Ma'amar (3)
A father may accept Kidushin for his daughter who is a Na'arah either himself or by means of a Shali'ach
If someone says to a woman Hiskadshi with this date Hiskadshi with this date it is only a Kidushin if one of the dates is worth a Perutah without combining it with the other. (4)
R. Meir says if someone denies a Pikadon to a number or people with a Lashon that is a Klal he is only Chayav one Korban Shevu'ah, if he used a Lashon Prat he is Chayav a number of Korbanos Shevu'ah.
Rebbi Yehudah says if someone denies a Pikadon to a number or people and he swears not to you, not to you, not to you he is Chayav he is Chayav a number of Korbanos Shevu'ah. (5)
R. Elazar says that if someone denies a Pikadon to a number or people and he says not to you, not to you, not to you Shevu'ah he is Chayav he is Chayav a number of Korbanos Shevu'os. (6)
R. Shimon says that if someone denies a Pikadon to a number or people he is only Chayav separate Korbanos Shevu'ah if he used a separate Lashon Shevu'ah for each one.
If a husband places a Get in the hands of a servant of his wife if he is he is sleeping and she is guarding him it is a Get, if he is awake it is not a Get. (7)
Even according to the Chachamim who hold that a Na'arah ha'Me'orasah may accept her own Get, she may not instruct a Shali'ach to receive the Get for her. (8)
If a Ketanah (even if she is an orphan) appoints a Shali'ach to receive her Get it is not a Get until it reaches her hand, however a Na'arah who is an orphan may appoint a Shali'ach to receive her Get.
A Ketanah who accepted Kidushin without the knowledge of her father, if the father had previously considered the Shiduch she requires a Get and Mi'un. (9)
Ula says that if a Ketanah accepts Kidushin without the knowledge of her father even Mi'un is not necessary. (10)
If any of the fifteen Arayos who release their Tzaros from Chalitzah or Yibum died, or did Mi'un, or divorced, or turned out to be an Ailonis prior the death of the husband the Tzaros are permitted to the Yavam. (11)
A Ketanah who was married and subsequently divorced even though her father is still alive she may be Mekadesh herself (mid'Rabanan) because once she married she is no longer in the Reshus of her father.
It is a Machlokes Tana'im if a father may sell her daughter as a maidservant to one of her relatives. (12)
A BIT MORE
1. Rebbi holds that Ma'amar is learned out from Bi'ah of a Yavam which may be done against the will of the Yevamah, while the Chachamim learn it out from a regular Kidushin which may only be done with the consent of the woman.
2. According to R. Yochanan this is true even according to the Chachamim, while Reish Lakish holds that it is only true according to Rebbi Yehudah.
3. Ma'amar is different than Kidushin or Gerushin because the Yevamah is already Zekukah to the Yavam.
4. This is in accordance the opinion of R. Shimon who holds that unless a separate Lashon Shevu'ah is used for each denial of a Pikadon he is only Chayav one Korban Shevu'ah.
5. However if he says and not to you and not to you it is considered a Klal and he is only Chayav one Korban Shevu'ah.
6. If he says Shevu'ah at the end it is regarded as a Prat, however if he says Shevu'ah at the beginning it is a Klal
7. If the servant sleeping he is regarded as a Chatzer that is guarded with her Da'as, however if he is awake he is a Chatzer that is guarded with the Da'as of the servant and therefore it is not a Get.
8. A Na'arah may accept her own Get according to the Chachamim because she is like the Yad of the father, however she is not a strong enough Yad to appoint a Shali'ach.
9. She requires a Get because maybe the father will approve of the Kidushin, but she also requires Mi'un because of the concern that people may think that it was a definite Kidushin and if he is Mekadesh her sister it is not even a Safek Kidushin, therefore she requires Mi'un so people will understand it is only a Safek Kidushin and if he is Mekadesh her sister it is a Safek Kidushin and a Get is required.
10. There are conflicting versions in the Gemara whether Ula is referring to a case that the father had considered the Shiduch previously or not.
11. The Tzaros of any of the fifteen Arayos (women who are forbidden to the Yavam) are Patur from Chalitzah and Yibum and are free to remarry without Chalitzah. However if the Ervah was divorced or died or did Mi'un or turned out to be an Ailonis (an Ailonis is a Mekach Ta'us if he was unaware of it) before the death of her husband the Tzaros are no longer regarded as a Tzarah of an Ervah and the Dinim of Chalitzah and Yibum apply.
12. According to the Tana Kama she may not sell her to relatives because the possibility of Yi'ud does not exist.
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BRIEF INSIGHT
THE ZECHUS OF KIDUSHIN
A Ketanah who accepted Kidushin without the knowledge of her father, if her father had previously considered the Shiduch she requires a Get because of the possibility that the father approves of the Kidushin. The Ran explains that the reason is that maybe when he hears about the Kidushin he will approve and the Kidushin will be valid retroactively. The Ran asks how does it help that father gave his approval after the Kidushin. The Ran answers that it is a Mitzvah that he is obligated to do so and a person may be Zocheh for his friend even though he is not present. However it is not an absolute Zechus because not every father wants his daughter to be Niskadshah because she leaves his Reshus for many things, therefore if the father protests it is not a Kidushin, but if when he finds about it he approves of the Kidushin it is a Giluy Da'as that it is a Zechus for him and the Kidushin works retroactively.
QUICK HALACHAH
KIDUSHIN OF A KETANAH
A Ketanah or Na'arah who is Niskadshah or marries without the knowledge of her father, it is not a Kidushin, and even Mi'un is not needed. This is true even if her father had previously considered the Shiduch and even if he expresses his approval of the Kidushin when he finds out about it. However according to some opinions if the father approves, the Kidushin goes into effect from the time that he heard about the Kidushin, even if the father had not previously considered the Shiduch and even if he did not immediately approve if he eventually approves it is Mochi'ach that he approved from the beginning and the Kidushin goes into effect from the time that he heard about the Kidushin. The Kidushin is valid even if the Kesef Kidushin is gone by the time he heard about it, while some say that if the money is gone it is not a Kidushin. (Shulchan Aruch EH 37:11)
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