REVACH L'DAF
brought to you by Kollel Iyun Hadaf of Yerushalayim
daf@dafyomi.co.il http://www.dafyomi.co.il
& Revach l'Neshamah - http://www.revach.net
|
|
SUMMARY
If a person gives a Perutah to a woman and he says you are my wife or you're my Arusah or you are Kenuyah to me it is a valid Kidushin.
If he says you are mine or you are in my Reshus or you are Zekukah to me it is a valid Kidushin.
If he says you are Lekuchasi it is a valid Kidushin because the Pasuk says Ki Yikach Ish Ishah.
If he says you are my Charufasi in Yehudah it is a valid Kidushin because in Yehudah an Arusah is called a Charufah.
If a man and woman are discussing the Inyan of Gitin and Kidushin and he gave her a Get or Kidushin without a word it is a valid Kidushin according to Rebbi Yosi, but Rebbi Yehudah argues.
Rebbi says that it is only a valid Kidushin if they were discussing the Inyan of Gitin or Kidushin all the way up to the time of the Nesinah.
R. Eliezer Bar R. Shimon holds that it is a valid Kidushin even if they were not discussing the Inyan of Kidushin, as long as they were discussing a related topic.(1)
Someone who is not conversant in the Dinim of Gitin and Kidushin should not involve himself with them. (2)
If a husband gives his wife a Get and he says 'you are free' it is not a valid Get.
If a master says to his maidservant 'you are permitted to everyone' she does not go free.
The crucial words in a Shtar Shichrur are 'you are free' or 'you are to yourself'.
If a husband gives a wife a Get and he says 'you are to yourself' it is a Kosher Get.
If a master says to his maidservant 'Ein Li Eisek Bach' (I have no rights to you) the servant goes free.
If someone sells his servant to a Nochri the servant goes free and he must write for him a Shtar Shichrur. (3)
R. Shimon Ben Gamliel says that if he wrote the servant an Ono (Shtar) at the time of the sale to the Nochri that states when you flee from the Nochri 'Ein Li Eisek Bach', no Shtar Shichrur is necessary.
If someone is Mekadesh a woman with a loan that she owes him it is not a valid Kidushin. (4)
If someone is Mekadesh a woman with the pleasure that she has that he is willing to extend the duration of a loan it is a valid Kidushin, but it is forbidden because it is similar to Ribis. (5)
If someone makes a Kinyan on Karka by means of giving a Manah on condition that it shall be returned it is a valid Kinyan.
If someone gives five Shekalim to the Kohen for his Pidyon ha'Ben on condition that it shall be returned it is a valid Pidyon.
If a Yisrael gives Terumah to the Kohen condition that it shall be returned it is a valid Nesinah, however it is forbidden for the Kohen to accept the Terumah because it is similar to lending a hand in the granary. (6)
If someone is
Mekadesh a woman with Kesef on condition that it shall be returned it is not a Kidushin because it is similar to a Kinyan Chalipin. (7)
A BIT MORE
1. Rebbi and R. Eliezer Bar R. Shimon both hold like Rebbi Yosi that if they were discussing the Inyan of Gitin or Kidushin it is not necessary to say Harei At Mekudeshes Li, however they argue regarding a case when they were no longer discussing the Inyan of Kidushin at the time of the Nesinah but they were discussing instead a related topic.
2. Even if he is not aware that the Halachah is like Rebbi Yosi that if they were discussing the Inyan of Gitin or Kidushin it is not necessary to say Harei At Mekudeshes he is regarded as someone who is not conversant in the Dinim of Kidushin.
3. Even though the master is penalized and must redeem the servant from the Nochri for up ten times his value however after he redeems him he must write for him a Shtar Shichrur.
4. Because for Kidushei Kesef he must give her something at the time of the Kidushin and the loan was already given to her previously and is already hers; the money she owes him is not the same money that she received originally from him.
5. If he is Mekadesh her with the pleasure that she has that he is forgiving the loan entirely it is certainly also a valid Kidushin.
6. In exchange for accepting the Terumah on condition that it will be returned the Yisrael will give him the rest of his Terumah and it is forbidden for a Kohen to lend a hand in the granary because as a reward the Yisrael will give him all of his Terumah and it is as if he is acquiring the Terumah in return for doing work for the Yisrael.
7. Since she must return the money it is similar to a Kinyan Chalipin and a Kinyan Chalipin is not a valid Kinyan for Kidushin.
|
BRIEF INSIGHT
GEZEIRAH SHAVAH OF 'LAH' 'LAH'
If a master says to his maidservant 'Ein Li Eisek Bach' (I have no rights to you) the servant goes free. The Pnei Yehoshua asks that all of the Dinim of Gitin and Shichrur Avadim are learned our from each other with the Gezeirah Shavah of 'Lah' 'Lah' and with regards to a Get if the husband says I am not your husband it is not a Get because he must send her away and not remove himself, if so by Shichrur Avadim the Din should be the same that he must free the servant and not simply remove himself from the picture with a Lashon of 'Ein Li Eisek Bach'. The Pnei Yehoshua answers that a Get is different because a husband has certain obligations to his wife and when he say 'I am not your husband' it is tantamount to saying that I am freeing myself from my obligations to you, however this does not apply to a servant since the master has no obligation whatsoever to a servant.
QUICK HALACHAH
A BORROWED LULAV AND ESROG
A person is not Yotzei on the first day of Sukos with the borrowed Lulav of his friend because of the requirement of 'Lachem'. Even if he was told that that it shall be his until he is Yotzei and afterwards it shall be mine again he is not Yotzei because it is no different that borrowing it, however if he received it as a gift he is Yotzei. If he received it as a gift on condition that it is returned it is a valid gift, but if he fails to return it he is not Yotzei, even if he returned the value if the Lulav. Even if an Ones happened and he was unable to return it he is not Yotzei. He must return it with sufficient time for the owner to be Yotzei the Mitzvah and if he fails to do so he is not Yotzei. (Shulchan Aruch OC 658:3, 4)
|
Next Daf
Index to Revach for Maseches Kidushin
|
