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12th CYCLE DEDICATION
KESUVOS 76 (6 Kislev) - Dedicated in honor of the Yahrzeit of Eliezer (Lazar) ben Reb Shraga Feivel Marmorstein, by his nephew, Mr. David Kornfeld, who Mr. Marmorstein raised like his own child after the Holocaust.
There is a Chazakah that a man does not marry a woman without first checking if she has Mumim.
There is a Chazakah that a man does not make peace with the fact that his Kalah has Mumim.
Rav Ashi: The Chazakah of the daughter does not help for the father. (1)
If the wife has an extra finger, the father must bring witnesses that the husband was aware of the Mum at the time of the marriage.
If a donkey is traded for a cow and after a Kinyan was made on the cow the donkey dies, the cow owner must bring proof that the donkey died after he made a Kinyan on the cow. (2)
There is a dispute about whether the money of Kidushin must be returned in the event of the death of the Chasan. (3)
If a needle is found in the Beis ha'Kosos (part of the stomach) and it penetrates all the way through the wall of the Beis ha'Kosos, the animal is a Tereifah.
If there is a drop of blood in the place of the puncture, it is certain that it was punctured prior to the Shechitah and the animal is a Tereifah. (4)
If the blood at the puncture congealed, the puncture occurred at least three days prior to the Shechitah. (5)
If the blood at the puncture did not yet congeal, there is a doubt about when the puncture occurred. (6)
A BIT MORE
1. Therefore, even according to Raban Gamliel -- who rules that the Chezkas ha'Guf of the daughter is stronger than the Chezkas Mamon of the husband -- if the woman is still an Arusah and thus the father is the one who collects the Kesuvah, the father must bring witnesses that the Mumim developed after the Eirusin.
2. Although the donkey was still in the original owner's house at the time of the Kinyan, once the donkey owner makes a Kinyan on the cow the donkey is immediately under the ownership of the original owner of the cow.
3. Even according to the opinion that the money of Kidushin does not have to be returned, in a case of a Safek Kidushin the money must be returned if it cannot be proved that it was a valid Kidushin.
4. If there is not a drop of blood in the place of the puncture, it is certain that it was punctured after the Shechitah and the animal is not a Tereifah.
5. Consequently, if the butcher bought the animal within three days prior to the Shechitah, it is a Mekach Ta'us.
6. Since the Safek occurred after the animal was already in the possession of the butcher, the butcher must prove that the puncture occurred prior to the purchase.
MUMIM THAT DEVELOPED AFTER THE EIRUSIN
If the husband was unable to bring proof that the Mumim of his wife developed prior to the Eirusin, he must give his wife a Kesuvah, even if he has proof that the Mumim existed at the time of the Eirusin. The Shiltei Giborim says that if he has proof that the Mumim existed between the Eirusin and the Nisu'in, even though he must give her the Kesuvah he is not obligated to give her the Tosefes Kesuvah. The reason is that the obligation for the Tosefes Kesuvah takes effect at the time of the Nisu'in, and the Nisu'in was b'Ta'us because had he known that she had Mumim he would not have married her.
AN EXTRA FINGER
If the Mum the woman has is the type of Mum that definitely preceded the Eirusin, such as an extra finger, the father must bring proof that the husband was aware of the Mum at the time of the marriage, and if he does not bring proof the wife may be divorced without a Kesuvah. (Shulchan Aruch EH 117:7)
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