REVACH L'DAF
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SUMMARY
If a person who is Tamei Meis is sprinkled on from the ashes of the Parah Adumah on the third and eighth day he remains Tamei. (1)
Is someone is Mekadesh a Koehenes and he claims that he thought she was a Leviayh or vice versa, or he says that I thought she was rich and really she is poor or vice versa, it is a valid Kidushin because she did not deceive him.
If someone is Mekadesh a woman for after one of them becomes a Ger or is freed from servitude or after her husband or sister dies or after she does Chalitzah she is not Mekudeshes. (2)
If someone says to his friend if your wife gives birth to a female she is Mekudeshes to me it is not a Kidushin.
One may not separate Te’rumah from harvested produce for attached produce or vice versa and if one does so it is not valid. (3)
A Ger must be converted in front of three people
If someone gives a Perutah to his maidservant and he says this shall be your Kidushin after I free you it is not a valid Kidushin. (4)
If someone gives a Perutah to his wife and he says this shall be your Kidushin for after I divorce you it is not valid.
It is a question to R. Oshiah if someone gives two Pertuos to a woman and he says that with one of the Perutos you shall be Mekudeshes right now and with the other you shall be Mekudeshes after I divorce you if it is a valid Kidushin. (5)
If someone says this harvested produce shall be Terumah on attached produce or the attached produce she be Te’rumah on harvested produce, when it is harvested, it is a valid Te’rumah when it is harvested. (6)
R. Eliezer Ben Ya'akov says that even if he says that this harvested produce shall be Terumah on attached produce when it grows to a third of its growth it is a valid Te’rumah when it is harvested and grows to a third of its growth.
Rabah says that the Terumah is only valid according to R. Eliezer Ben Yakov if it already grew somewhat at the time he was Makdish the Terumah, and R. Yosef says that even if it is just started sprouting it is valid.
According to the second version Rabah says that even if the produce grew somewhat the Terumah is only valid if it is in a field that doesn’t require watering, while R. Yosef says that even if it is in a field that requires watering the Te’rumah is valid according to R. Eliezer Ben Ya'akov. (7)
If someone says to his friend if your wife gives birth to a female she is Mekudeshes to me it is not a Kidushin.
R. Chanina says that if the wife is pregnant and he says that if your wife gives birth to a female she is Mekudeshes to me it is a Kidushin. (8)
A BIT MORE
1. He must be sprinkled from the ashes of the Parah Adumah on the third and seventh day, if he waits an extra day and is sprinkled on the eighth day instead of te seventh he remains Tamei.
2. Because these things have not yet happened at the time of the Kidushin and this Tanah holds that a person may not be Makneh or Makdish something that is not yet in the world.
3. Attached produce is not Chayav in Te’rumah and if one separates Te’rumah from attached produce it is not valid.
4. Even though it is in his hands to free her at any time it is not a Kidushin because until she is freed she is akin to an animal and this she is of a different Da’as that when she is freed.
5. Even though if he is married to her he may not be Mekadesh her for after a divorce, but in this case where he is not yet married to her it may be a valid Kidushin
6. Because it is in his hands to pick the attached produce at any time.
7. According to this version Rabah holds that if the field requires watering one may not be Makdish the Terumah because it is quite possible that it will get ruined and will not grow to a third of its growth.
8. According to Rabah it is only a Kidushin if her pregnancy is already showing, while according to R. Yosef even if her pregnancy is not showing it is a Kidushin. According to the second version both according to Rabah and R. Yosef it is only a Kidushin if the pregnancy is showing.
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BRIEF INSIGHT
THREE CHACHAMIM
BECOMING A GER IS NOT REGARDED AS SOMETHING THAT IN ONE’S HANDS TO DO BECAUSE GE'IRUS REQUIRES THREE PEOPLE AND ONE CAN’T BE SURE THAT HE WILL FIND THREE PEOPLE FOR THE GE'IRUS. THE RASHASH SAYS THAT ALTHOUGH ACCORDING TO TOSFOS THE THREE PEOPLE THAT ARE REQUIRED FOR THE GE'IRUS DO NOT HAVE TO BE MUMCHIM (EXPERTS), HOWEVER THEY MUST AT LEAST BE CHACHAMIM BECAUSE THEY MUST BE CAPABLE OF EXPLAINING THE MITZVOS TO THE GER. SINCE CHACHAMIM ARE REQUIRED ONCE CAN’T BE SURE THAT HE WILL FIND THREE PEOPLE BECAUSE IT IS NOT ALWAYS EASY TO FIND THREE CHACHAMIM. THEREFORE DIVORCING NESHAMAH WIFE IS IN A PERSON’S HANDS, EVEN THOUGH HE MUST FIND TWO PEOPLE TO SIGN ON THE GET, SINCE THE WITNESSES ARE NOT REQUIRED TO BE CHACHAMIM HE WILL NOT HAVE A DIFFICULTY FINDING TWO PEOPLE TO SIGN AS WITNESSES.
QUICK HALACHAH
KIDSUHIN AL TNAI
ALL OF THE REQUIREMENT FOR GEI'RUS INCLUDING THE MILAH, TEVILAH AND ACCEPTANCE OF THE MITZVOS MUST BE DONE DURING THE DAY AND IN FRONT OF THREE PEOPLE WHO ARE KOSHER TO BE JUDGES. HOWEVER B’DIEVED IF IT THE MILAH OR TEVILAH IS DONE IN FRONT OF TWO PEOPLE OR IF IT IS DONE AT NIGHT, IT IS A VALID GEI'RUS. EVEN IF THE TEVILAH THAT HE DID WAS TO BECOMES TAHOR FROM A TUMAH AND NOT FOR THE PURPOSE OF GEI'RUS, IT IS A VALID TEVILAH B’DIEVED HOWEVER THE ACCEPTANCE OF THE MIZTVOS MUST BE DONE DURING THE DAY AND IN FRONT OF THREE PEOPLE AND IF NOT IT IS NOT A VALID GEI'RUS. ACCORDING TO THE RIF AND THE RAMBAM IF THE TEVILAH OR MIKAH WAS DONE IN FRONT OF TWO PEOPLE OR AT NIGHT HE MAY NOT MARRY A BAS YISRA’EL BUT B’DIEVED IF HE MARRIES A BAS YISRA’EL HE AND HE HAS A CHILD WE DON’T DISQUALIFY THE CHILD. (SHULCHAN ARUCH YD 268:3)
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