REVACH L'DAF
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SUMMARY
If a father says that his son is 13 years old or his daughter is 12 years old he is believed regarding all types of Nedarim, but not with regards to the punishment of Malkus or Misah. (1)
If a father says that he was Mekadesh his daughter when she was a Katanah and subsequently accepted a Get for her if she is still a Ketanah he is believed and she is Pesulah to a Kohen. (2)
If a father says that his daughter was captured and subsequently redeemed he is not believed whether she is a Katanah or a Gadolah. (3)
R. Dustai Bar Yanai holds that the wife and daughter of a Chalal are Kosher for Kehunah.
R. Akiva holds that Kidushin with an Isur Lav is not valid and if a child is born from such a union he is a Mamzer.
R. Simai says that even according to R. Akiva a child who is born from a marriage of a Kohen Gadol to a widow is not a Mamzer, but R. Yehsavev disagrees. (4)
It is a Safek if whether according to R. Yeshavev a child born from a Chiyuv Aseh is a Mamzer according to R. Akiva.
If a person says at the time of his death that he has children he is believed, but if he says that he has a brother he is not believed. (5)
If someone tells his wife at the time of the Kidushin that he has children or that he doesn’t have a brother and at the time of his death he says the opposite according to Rebbe his words at the time of the Kidushin are believed and she is permitted to remarry without Chalitzah are believed. (6)
R. Nasan says we must also take into account his words at the time of his death and she may not get remarried without Chalitzah. (7)
If someone is Mekadesh his daughter without specifying which daughter he was Mekadesh, the daughters who are a Bogeres are not included. (8)
R. Me'ir says that if someone has two sets of daughters form two wives and he said I was Mekadesh the Gadolah and I don’t know which one I was Mekadesh all of them are forbidden except for the youngest of the second set. (9)
R. Yosi says that they are all permitted except for the oldest of the first set because a person doesn’t put himself in a situation of a Safek so therefore he must have meant the very oldest daughter.
If the father says I was Mekadesh my daughter the Katanah and I don’t know which one, according to R. Me'ir all of them are forbidden except for the oldest daughter of the first set, while R. Yosi hold only the youngest of the second set is forbidden.
If someone makes a Neder until Pesach it is forbidden until the beginning of Pesach, if he says until it will be Pesach it is forbidden until the end Pesach
If he says it is forbidden until Pnei Pesach, R. Me'ir says it is forbidden until the end of Pesach while R. Yosi says that it is forbidden only until the beginning of Pesach. (10)
If a person has only one group of girls from one wife and he says that I was Mekadesh the Gadolah everyone agrees that only the very oldest is forbidden. (11)
A BIT MORE
1. if the child makes a Neder or is Machrim or is Makdish or says Erech Ploni Alay the Neder goes into effect, but if the child does an Avei’rah that is punishable with Makos or Misah he is not punished.
2. Since she is still a Ketanah and it is in his hands to be Mekadesh her right now he is believed, but if she is already a Gadolah and it is no longer in his hands to be Mekadesh her at the time of his claim he is no longer believed and she may marry a Kohen
3. A woman who was captured by non-Jews is Pesulah to a Kohen; however the father is not believed to say that she was captured because the Torah does not believe the father regarding this.
4. R. Yeshavev holds that the prohibition of a widow to a Kohen Gadol is an exception to the rule because the Torah teaches us that the child is a Chalal but not a Mamzer.
5. He is believed to say that he has children and his wife is Patur from Yibum if there previously was a Chazakah that she was Patur from Yibum and he is only confirming the Chazakah, but he is not believed to say that he has a brother and she is Chayav in Tibum because it goes against the Chazakah that she is Patur from Yibum.
6. In this case there was a Chazakah that he had a brother and didn’t have children and that she was Chayav in Yibum, however we believed him when he said at the time of the Kidushin that she was Patur from Yibum because he had no reason to lie, if she was concerned about the potential of Yibum he could have promised to give her a Get before he died.
7. R. Nasan holds that the Sevarah that he had no reason to lie because he could have promised to give her a Get is not strong enough to topple the Chazakh completely and therefore when he says at the time of his death that she is Chayav in Yibum he is believed, however if he didn’t say anything at the time of his death his original words that she is PAtur from Yibum are believed since the Sevara is strong enough to place doubts in the Chazakah.
8. Even if the Bogeres made her father into a Shli’ach to accept Kidushin for her she is not included because the father would not be Mekadesh his daughter who is a Bogeres whom he has no special obligation to marry off and pass over his daughter who is a Ketanah which he is has a special obligation to marry off
9. The father said that I don’t know if I was Mekadesh the oldest daughter of the first set or the oldest of the second set or the youngest of the first set who is older than the oldest of the second set.
10. R. Me'ir holds that a person puts himself in a position of Safek and therefore it is forbidden until the end since every single day of Pesach is the Pnei for the next day and even the last day os forbidden beginning the beginning of the last day is the Pnei of the end of the day and since we don’t know which day he is referring to it is forbidden on all of the days, while R. Yosi holds that a person doesn’t put himself in a position of Safek and therefore he must have meant the first day which is the Pnei of the second day.
11. Even R. Me'ir who says that when there are two groups of daughters everyone is forbidden except for the youngest agrees that when there is only one group only the very oldest is referred to as the Gadolah while the middle ones are referred to by name.
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BRIEF INSIGHT
A CAPTURED WOMAN
THE GEMARAH STATES THAT A FATHER IS NOT BELIEVED TO SAY THAT HIS DAUGHTER WAS CAPTURED AND SHE IS PESULAH TO A KOHEN BECAUSE THE TORAH DOESN’T BELIEVE THE FATHER REGARDING THIS. THE PNEI YEHOSHUA ASKS THAT THE MIN HA’TORAH A WOMAN WHO WAS CAPTURED IS KOSHER FOR KEHUNAH AND THE PROHIBITION IS ONLY M’DERABBANAN. SO OF COURSE THE TORAH DOESN’T BELIEVE THE FATHER SINCE THERE IS NO ISSUR MIN HA’TORAH. THE PNEI YEHOSHUA ANSWERS THAT WHAT THE GEMARAH MEANS TO SAY IS THAT THE FATHER IS NOT BELIEVED REGARDING ANY ISUR OTHER THAN AN ISUR THAT COMES ABOUT BY WAY OF MARRIAGE AS THE YERUSHALMI SAYS THAT ALTHOUGH THE FATHER IS BELIEVED THAT HE MARRIED OFF HIS DAUGHTER TO A PASUL, BUT HE IS NOT BELIEVED THAT HE GAVE HER OVER FOR BI’AH TO A PASUL.
QUICK HALACHAH
ACCEPTING KIDUHSIN
If a father says that he was Mekadesh his daughter accepted a Get for her while she is a Ketananh or a Na’arah he is believed to prohibit her to Kehunah. However, he is only believed if when he said that I accepted a Get for her it was Toch Kidei Dibur from when he said he was Mekadesh her, because otherwise once he was Machzik her b’Chezkas Eishes Ish he is not believed afterwards to say that he accepted a Get for her. (Shulchan Aruch EH 37:27)
If the father says after Kidei Dibur that the Kidushin was with a Tnai or anything else that is Mevatel the Kidushin he is believed, it is only regarding a Get that he is not believed after Kidei Dibur. (Bach)
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