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KIDUSHIN 5

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SUMMARY Hekdesh and Ma'aser Sheni may only be redeemed with Kesef not with a Shtar.   If a husband gives a Get to his wife on condition that she does not drink wine or go to her husband's forever it is not a valid Get. (1)   If he makes a condition that that she will not drink wine or go to her husband's house for thirty days it is a valid Get.   A father may sell his daughter as a maidservant against her will.   R. Huna says that a person can be Mekadesh a woman with Chupah.   Min ha'Torah a Bas Shamai Yisrael who is an Arusah to a Kohen may eat Terumah, however the Rabanan prohibit it. (2)   When a person is Mekadesh a woman with Kesef he gives her a Perutah or the value of a Perutah and he says you are Mekudeshes to me. (3)   If the woman gives the money and says I am Mekudeshes to you it is not a valid Kidushin.   If the man gives the money and the woman says that I am Mekudeshes to you according to one version of the Gemara it is not a valid Kidushin.   According to the second version of the Gemara it is a Safek Kidushin and mid'Rabanan we must take the Kidushin into account.   In a person is Mekadesh a woman with Kesef and he says I am your husband or I am your Arus it is not a valid Kidushin. (4)   If a person gives a Get to his wife and he says you are bring sent away or you are being divorced or you are permitted to all men it is a valid divorce.   If he gives a Get and he says I are not your husband or I am not your Arus it is not a valid Get. (5)   Shmuel says that if a Nazir is passing in front of a person and he says Aha it is regarded as a Kabalas Nezirus and he is a Nazir. (6) A BIT MORE 1. Because it is not a Kerisus since she is attached to him her entire life as a result of the condition.   2. Because of the concern that she will share the Terumah with her brothers a sisters   3. Or he may say you are Me'ureses to me or you shall be my wife.   4. The Torah states that the husband must take the woman and not that the man is taken by the woman.   5. It is not a Get at all and she is not even Pesulah to Kehunah.   6. Shmuel holds that Yadayim she'Eino Mochichos are not Yadayim and therefore is a Nazir is not passing in front of he is not a Nazir because maybe he means to accept upon himself a fast and not to accept Nezirus on himself.

BRIEF INSIGHT HE SAYS AND SHE GIVES   According to one version of the Gemara if he gives the Kidushin and she says I am Mekudeshes to you it is a Safek Kidushin and mid'Rabanan we must take the Kidushin into account. The Ran says that in the opposite case where she gives the Kidushin and he says you are Mekudeshes to me it is not even a Safek Kidushin. The reason is because when he gives the Kidushin and she says you I am Mekudeshes to you his silence at the time of the Nesinah is regarded as acquiescence and it is as if he was the one that said you are Mekudeshes to me. However when she gives the Kidushin it is not a Kidushin at all because the Nesinah must be from the man not from the woman. QUICK HALACHAH KIDUSHEI KESEF   How is a woman Miskadeshes? If he wants to be Mekadesh her with Kesef he may not give her less than a Perutah and he shall say to her Harei At Mekudeshes Li or Harei At Me'ureses Li or you shall be my wife with this and he shall give her the money in front of witnesses. The man must be the one to say these words in order to imply that he is acquiring her for himself as a wife and he must be the one to give the money. If the woman gives the money and she says Hareini Mekudeshes Lach or Hareini Me'ureses Lach or I shall be your wife or any other Lashon Hakna'ah it is not a valid Kidushin. If she gives the money and he says it is also not a Kidushin, but if he gives the money and she says it is a Kidushin mi'Safek. (Rambam Hilchos Gerushin 3:1,2)

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