REVACH L'DAF
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SUMMARY
R. Yochanan says that the conclusion of all of the Tana’im is that if one is Mekadesh a woman with his portion of Kodshei Kodshim or Kodshei Kalim it is not a Kidushin.
Rav says that it remains a Machlokes and R. Yehudah holds that Kidushin with one’s portion of Kodshim is a Kidushin, while R. Yosi argues.
Kohanim may not barter their portion of a Korban or a Minchah in exchange for a portion of a different Korban or Minchah.
A poor person never brings a Minchah in place of a Korban Behe’imah, however he sometimes brings a Minchah instead of a Korban Ohf.
A Ba’al Mum receives a portion of the Korbanos. (1)
A Katan does not receive a portion of the Korbanos even if he is not a Ba’al Mum.
A Stam Sifra (Toras Kohanim) is in accordance with the opinion of R. Yehudah.
After the death of Shimon ha’Tzadik the Tznu’im withheld from taking a portion of the Lechem ha’Panim and the gluttonous grabbed more than their share. (2)
If a person is Mekadesh a woman with Terumah, Terumas Ma’aser, Chalah or Shvi’is it is a valid Kidushin.
R. Me'ir holds that if a person is Mekadesh a woman with Ma’aser Sheni it is not a Kidushin. (3)
R. Yehudah holds that if he is Mekadesh a woman with Ma'aser Sheni b’Meizid it is a Kidushin, but b’Shogeg it is not a Kidushin.
R. Me'ir holds that if a person is Mekadesh a woman with Hekdesh b’Meizid it is a Kidushin, but b’Shogeg it is not a Kidushin and the money remains Hekdesh.
R. Yehudah holds that if if a person is Mekadesh a woman with Hekdesh b’Meizid it is not a Kidushin, but b’Shogeg it is a Kidushin.
R. Yochanan says that regarding Kidushin b’Shogeg with Ma’aser Sheni according to R. Yehudah and Hekdesh b’Shogeg according to R. Me'ir, in one case the woman doesn’t want the Kidushin and in the other case both don’t want the Kidushin.
R. Yirmiyah explains that Ma'aser Sheni is not a Kidushin b’Shogeg because the woman doesn’t want to have to take it to Yerushalayim and Hekdesh b’Shogeg is not a Kidushin because they both don’t want to be the cause for Hekdesh becoming Chulin. (4)
R. Ya'akov proposes that maybe according to R. Yochanan in the case of Ma'aser Sheni they both don’t want the Kidushin because she doesn’t want to have to take it to Yerushalayim and he doesn’t want to be responsible for Onsim that may occur on the way to Yerushalayim. (5)
According to R. Me'ir if someone buys something with Hekdesh b’Shogeg he is not Koneh and the money remains Hekdesh. (6)
If the treasurer of Hekdesh deposits loose money with a money changer, if the money changer spends it the treasurer is Chayav a Korban Me’ilah. (7)
If he deposits the loose money with a Ba’al ha’Bayis if he spends it the Ba’al ha’Bayis must bring a Korban Me’ilah. (8)
If he deposits the loose money with a store keeper according to R. Me'ir he shares the status of a Ba’al ha’Bayis, while R. Yehudah holds that he shares the status of a money changer. (9)
A BIT MORE
1. Even though he may not participate in the Avodah, however he checks the wood of the Mizbe'ach for worms and he strips the hides of the Korbansos and cut up the meat and he also Shecht the Korbanos and therefore he receives a portion of the Korabnos.
2. During the forty years that Shimon ha’Tzadik was the Kohen Gadol the Lechem ha’Panim was blessed and a Kohen who received a Kizayis was satiated and sometimes even left some over, however after the death of Shimon ha’Tzadik the Lechem ha’Panim was cursed and a Kohen who received the amount of a Pul (a bean) was not satiated at all and therefore the Tznu’im withheld from taking anything.
3. R. Me'ir holds that Ma’aser Sheni is Mamon Gavohah (Hekdesh).
4. According to R. Yirmiyah since a Kidushin with Ma'aser Sheni is not valid only because she doesn’t want it if she says that she is not Makpid it is a valid Kidushin.
5. In the case of someone who is Mekadesh a woman with Hekdesh R. Ya'akov says that maybe according to R. Yochanan only the woman doesn’t want the Kidushin because she doesn’t want to be the cause of Hekdesh becoming Chulin, however he doesn’t mind being the cause of Hekdesh becoming Chulin since he is gaining as a result (he is gaining that he is Mekadesh a woman with the money.)
6. According to R. Me'ir one never brings a Korban Me’ilah for spending Ma’os Hekdesh b’Shogeg and a a Korban Me’ilah is only brought for eating food of Hekdesh b’Shogeg.
7. A money changer is in constant need of money and when someone deposits loose money with him it is given with the understanding that it will be used by the money changer. Therefore the money changer is regarded as the Shli’ach of the treasurer and with regards to Me’ilah the Din is that Yesh Shli’ach l’Dvar Ave'irah. However if the money was wrapped up it is not given with the intent that it will be used by the money changer and if he spends it he is not a Shli’ach of the treasurer must being a Korban Me’ilah .
8. A Ba’al ha’Bayis isn’t in constant need of money and therefore the money was not given to him with the understanding that he will spend it and if he spends it he is not a Shli’ach of the treasurer ands he must bring a Korban Me’ilah
9. ALTHOUGH R. ME'IR HOLDS THAT ONE WHO SPENDS MONEY OF HEKDESH B’SHOGEG IS NOT CHAYAV A KORBAN ME’ILAH HIS STATEMENT IS IN ACCORDANCE WITH THE OPINION OF R. YEHUDAH AND HE IS SAYING ACCORDING TO ME THERE IS NEVER A CHIYUV OF ME’ILAH IN THIS CASE HOWEVER ACCORDING TO YOUR OPINION YOU SHOULD ADMIT THAT A STOREKEEPER SHARE THE STATUES OF A BA’AL HA’BAYIS.
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BRIEF INSIGHT
KIDUSHIN WITH MA’ASER SHENI
R. Ya'akov says that maybe according to R. Yochanan in the case of Ma'aser Sheni they both don’t want the Kidushin because she doesn’t want to have to take it to Yerushalayim and he doesn’t want to be responsible for Onsim that occur on the way to Yerushalayim. Rashi says that it is not worth a Perutah outside of Yerushalayim because it may only be spent in Yerushalayim, therefore he must accept responsibility for any Onsim that occur on the way. The Ramban asks that if it is not worth a Peruath why is it a valid Kidushin. Even if it is worth a Perutah in Yerushalayim if it is not worth a Perutah in the place of the Kidushin it is not a Kidushin. The Pnei Yehishua answers that Tosfos was also bothered by this question and thatis why Tosfos says that according to Rashi the Kidushin doesn’t go into effect until she reaches Yerushalayim. Since the Kidushin only goes into effect when she reaches Yerushalayim and in Yerushalayim it worth a Perutah it is a valid Kidushin.
QUICK HALACHAH
KIDUSHIN WITH HEKDESH
If someone is Mekadesh a woman with produce of Shvi’is or with the ashes of a Parah Aduamh or with the water that was drawn for the Mei Nidah it is a valid Kidushin. If someone is Mekadesh a woman with Hekdesh Bedek ha’Bayis b’Shogeg it is a valid Kidushin and he must pay the principle plus a fifth to Hekdesh and bring an Asham, which is the Din for anybody who is Mo’el in Hekdesh b’Shogeg. If one is Mekadesh a woman with Bedek ha’Bayis b’Meizid it is not a Kidushin. If one is Mekadesh a woman with Ma'aser Sheni it is not a Kidushin, whether it was done b’Shogeg or b’Meizid, because one may not use Ma'aser Sheni for one’s own use until it is redeemed. (Rambam Hilchos E’ishus 5:3, 4)
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