REVACH L'DAF
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SUMMARY
A Ketanah who is an orphan may eat Terumah if she is married off to a Kohen.
A deaf mute who is married to a Kohen may not eat Terumah. (1)
A Ketanah who is married off as an orphan receives a Kesuvah, but a deaf mute who is married does not received a Kesuvah. (2)
A girl who does Mi'un, a Sheniyah, and an Ailonis do not receive a Kesuvah. (3)
If a man marries an insane woman or a deaf mute and writes her a Kesuvah, he is liable for it.
A woman desires marriage more than a man does.
A man who has relations with the wife of a deaf mute is not liable to bring an Asham Taluy.
If a Cheresh, Shoteh, or Katan separate Terumah, it is not valid. (4)
Rebbi Elazar: Terumah separated by a Cheresh is a Safek.
In order to be liable for an Asham Taluy, the Safek must involve one of two things and we do not know which one is forbidden. (5)
If a woman returns to her husband after she is divorced, the Get is not valid.
If a person tells witnesses, "Take a look at this Get," and at the time he gives it to his wife he tells her that it is a monetary document, the Get is valid. (6)
A BIT MORE
1. This is because of the concern that a woman who is a Gedolah and is married to a Cheresh will eat Terumah mid'Oraisa which is forbidden, since the marriage is valid only mid'Rabanan.
2. If a deaf mute received a Kesuvah, that would not encourage any one else to marry her. That is not the case with a Ketanah, since she will eventually grow up and be a viable marriage partner.
3. A girl who does Mi'un does not receive a Kesuvah, since she went out against the will of her husband. The Sheniyah is penalized by the Rabanan because she is forbidden to her husband mid'Rabanan. An Ailonis does not receive a Kesuvah because the marriage was a Mekach Ta'us.
4. If one person separates Terumah from someone else's grain and he was not appointed as an agent, it is not valid. If a Nochri separates Terumah, even if he was appointed as an agent, it is not valid, because a Nochri is not a valid agent.
5. Rebbi Elazar says that we do not need one of two things. He maintains that there is a Chiyuv Asham Taluy for the Chelev of a Koy, since there is a Safek whether a Koy is a Chayah or a Behemah, and there is no Chiyuv for the Chelev of a Behemah.
6. Even though she does not realize that it is a Get, it is valid because it is not necessary for the woman to have Da'as for it to be a valid Get. Even though he claimed that it was a monetary document, that claim does not constitute a retraction, because he said that it was a document only because he was embarrassed to admit that it was a Get.
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BRIEF INSIGHT
THE MARRIAGE OF A CHERESH
The Gemara says that a woman who is married to a deaf mute does not receive a Kesuvah. The Nimukei Yosef asks that the Gemara in Bava Kama says that it is forbidden for a man to stay with his wife even for one moment without a Kesuvah. The Nimukei Yosef answers that the rule of the Gemara there applies only to the marriage of a man who is capable of writing a Kesuvah. If such a man does not write a Kesuvah, his marriage appears like a Bi'as Znus. A deaf mute is not capable of writing a Kesuvah, and therefore it does not appear like a Bi'as Znus when there is no Kesuvah.
However, the law that a woman who marries a Cheresh does not receive a Kesuvah applies only when she married him on her own. If she was married in Beis Din, Beis Din may insist that he write a Kesuvah for her if they deem that it will be difficult for him to find a marriage partner without one.
QUICK HALACHAH
THE CHIYUV OF ASHAM TALUY
Any Isur for which one is obligated to bring a Korban Chatas, one is liable to bring an Asham Taluy if there is a doubt. The Chiyuv of Asham Taluy applies only when there was a known Isur. For example, one ate Chelev but does not know if it was a k'Zayis. If, however, one ate one piece and does not know if it was Chelev or Shuman, or if one ate the Chelev of a Koy (which is a Safek Chayah and Safek Behemah), one is exempt from bringing an Asham Taluy. (Rambam, Hilchos Shegagos 8:1,2)
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