Revach L'Neshama http://revach.net/ RSS feed for - Section: DAF YOMI Copyright 2007, Revach L'Neshama en-US Revach L'Neshama Logo 144 31 http://revach.net/img/small_header.jpg http://revach.net/ info@revach.net Mon, 02 May 2016 03:00:00 -0700 240 Kidushin 53 - SUMMARY R. Yochanan says that the conclusion of all of the Tana’im is that if one is Mekadesh a woman with his portion of Kodshei Kodshim or Kodshei Kalim it is not a Kidushin. Rav says that it remains a Machlokes and R. Yehudah holds that Kidushin with one’s portion of Kodshim is a Kidushin, while R. Yosi argues. Kohanim may not barter their portion of a Korban or a Minchah in exchange for a portion of a different Korban or Minchah. A poor person never brings a Minchah in place of a Korban Behe’imah, however he sometimes brings a Minchah instead of a Korban Ohf. A Ba’al Mum receives a portion of the Korbanos. (1) A Katan does not receive a portion of the Korbanos even if he is not a Ba’al Mum. A Stam Sifra (Toras Kohanim) is in accordance with the opinion of R. Yehudah. After the death of Shimon ha’Tzadik the Tznu’im withheld from taking a portion of the Lechem ha’Panim and the gluttonous grabbed more than their share. (2) If a person is Mekadesh a woman with Terumah, Terumas Ma’aser, Chalah or Shvi’is it is a valid Kidushin. R. Me'ir holds that if a person is Mekadesh a woman with Ma’aser Sheni it is not a Kidushin. (3) R. Yehudah holds that if he is Mekadesh a woman with Ma'aser Sheni b’Meizid it is a Kidushin, but b’Shogeg it is not a Kidushin. R. Me'ir holds that if a person is Mekadesh a woman with Hekdesh b’Meizid it is a Kidushin, but b’Shogeg it is not a Kidushin and the money remains Hekdesh. R. Yehudah holds that if if a person is Mekadesh a woman with Hekdesh b’Meizid it is not a Kidushin, but b’Shogeg it is a Kidushin. R. Yochanan says that regarding Kidushin b’Shogeg with Ma’aser Sheni according to R. Yehudah and Hekdesh b’Shogeg according to R. Me'ir, in one case the woman doesn’t want the Kidushin and in the other case both don’t want the Kidushin. R. Yirmiyah explains that Ma'aser Sheni is not a Kidushin b’Shogeg because the woman doesn’t want to have to take it to Yerushalayim and Hekdesh b’Shogeg is not a Kidushin because they both don’t want to be the cause for Hekdesh becoming Chulin. (4) R. Ya'akov proposes that maybe according to R. Yochanan in the case of Ma'aser Sheni they both don’t want the Kidushin because she doesn’t want to have to take it to Yerushalayim and he doesn’t want to be responsible for Onsim that may occur on the way to Yerushalayim. (5) According to R. Me'ir if someone buys something with Hekdesh b’Shogeg he is not Koneh and the money remains Hekdesh. (6) If the treasurer of Hekdesh deposits loose money with a money changer, if the money changer spends it the treasurer is Chayav a Korban Me’ilah. (7) If he deposits the loose money with a Ba’al ha’Bayis if he spends it the Ba’al ha’Bayis must bring a Korban Me’ilah. (8) If he deposits the loose money with a store keeper according to R. Me'ir he shares the status of a Ba’al ha’Bayis, while R. Yehudah holds that he shares the status of a money changer. (9)
 
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1. Even though he may not participate in the Avodah, however he checks the wood of the Mizbe'ach for worms and he strips the hides of the Korbansos and cut up the meat and he also Shecht the Korbanos and therefore he receives a portion of the Korabnos. 2. During the forty years that Shimon ha’Tzadik was the Kohen Gadol the Lechem ha’Panim was blessed and a Kohen who received a Kizayis was satiated and sometimes even left some over, however after the death of Shimon ha’Tzadik the Lechem ha’Panim was cursed and a Kohen who received the amount of a Pul (a bean) was not satiated at all and therefore the Tznu’im withheld from taking anything. 3. R. Me'ir holds that Ma’aser Sheni is Mamon Gavohah (Hekdesh). 4. According to R. Yirmiyah since a Kidushin with Ma'aser Sheni is not valid only because she doesn’t want it if she says that she is not Makpid it is a valid Kidushin. 5. In the case of someone who is Mekadesh a woman with Hekdesh R. Ya'akov says that maybe according to R. Yochanan only the woman doesn’t want the Kidushin because she doesn’t want to be the cause of Hekdesh becoming Chulin, however he doesn’t mind being the cause of Hekdesh becoming Chulin since he is gaining as a result (he is gaining that he is Mekadesh a woman with the money.) 6. According to R. Me'ir one never brings a Korban Me’ilah for spending Ma’os Hekdesh b’Shogeg and a a Korban Me’ilah is only brought for eating food of Hekdesh b’Shogeg. 7. A money changer is in constant need of money and when someone deposits loose money with him it is given with the understanding that it will be used by the money changer. Therefore the money changer is regarded as the Shli’ach of the treasurer and with regards to Me’ilah the Din is that Yesh Shli’ach l’Dvar Ave'irah. However if the money was wrapped up it is not given with the intent that it will be used by the money changer and if he spends it he is not a Shli’ach of the treasurer must being a Korban Me’ilah . 8. A Ba’al ha’Bayis isn’t in constant need of money and therefore the money was not given to him with the understanding that he will spend it and if he spends it he is not a Shli’ach of the treasurer ands he must bring a Korban Me’ilah 9. Although R. Me'ir holds that one who spends money of Hekdesh b’Shogeg is not Chayav a Korban Me’ilah his statement is in accordance with the opinion of R. Yehudah and he is saying according to me there is never a Chiyuv of Me’ilah in this case however according to your opinion you should admit that a storekeeper share the statues of a Ba’al ha’Bayis.

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Kidushin 53 - INSIGHTS KIDUSHIN WITH MA’ASER SHENI R. Ya'akov says that maybe according to R. Yochanan in the case of Ma'aser Sheni they both don’t want the Kidushin because she doesn’t want to have to take it to Yerushalayim and he doesn’t want to be responsible for Onsim that occur on the way to Yerushalayim. Rashi says that it is not worth a Perutah outside of Yerushalayim because it may only be spent in Yerushalayim, therefore he must accept responsibility for any Onsim that occur on the way. The Ramban asks that if it is not worth a Peruath why is it a valid Kidushin. Even if it is worth a Perutah in Yerushalayim if it is not worth a Perutah in the place of the Kidushin it is not a Kidushin. The Pnei Yehishua answers that Tosfos was also bothered by this question and thatis why Tosfos says that according to Rashi the Kidushin doesn’t go into effect until she reaches Yerushalayim. Since the Kidushin only goes into effect when she reaches Yerushalayim and in Yerushalayim it worth a Perutah it is a valid Kidushin.

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Kidushin 53 - HALACHA KIDUSHIN WITH HEKDESH If someone is Mekadesh a woman with produce of Shvi’is or with the ashes of a Parah Aduamh or with the water that was drawn for the Mei Nidah it is a valid Kidushin. If someone is Mekadesh a woman with Hekdesh Bedek ha’Bayis b’Shogeg it is a valid Kidushin and he must pay the principle plus a fifth to Hekdesh and bring an Asham, which is the Din for anybody who is Mo’el in Hekdesh b’Shogeg. If one is Mekadesh a woman with Bedek ha’Bayis b’Meizid it is not a Kidushin. If one is Mekadesh a woman with Ma'aser Sheni it is not a Kidushin, whether it was done b’Shogeg or b’Meizid, because one may not use Ma'aser Sheni for one’s own use until it is redeemed. (Rambam Hilchos E’ishus 5:3, 4)

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Kidushin 53 - LAMDAN R Yirmiyah explains that Ma'aser Sheni is not a Kidushin because the woman doesn’t want to have to take it to Yerushalayim. Why is this reason necessary? Ma’aser Sheni is worth less than Chulin because it may only be eaten in Yerushalayim and therefore it should be a Mekach Ta’us because it is worth less than she thinks it is worth. Author’s Comment on Yesterday's Lamdan The Me’iri explains that in this case the owner of the object indicated that he gives permission prior to the Kidushin and therefore if he was sincere the Kidushin would be valid, but if he indicated only after the Kidushin that he gives permission since at the time of the Kidushin it is Gezel it is definitly not a Kidushin even if he subsequently sincerely is not Makpid .

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Kidushin 52 - SUMMARY If one person has five sons and the other has five daughters and one says to the other one of your daughters shall be Mekudeshes to one of my sons each one of the daughters must receive five Gitin. (1). If one of the sons dies each daughter needs four Gitin and one Chalitzah. The Halachah is in accordance with Abaye who holds that a Kidushin that does not lead to a Bi’ah is a Kidushin. If someone is Mekadesh a woman with produce of Shvi’is it is a Kidushin. One may not be Mekadesh a woman with a stolen object and even if he stole it from her it is not a Kidushin if she had not previously agreed to the Shiduch. A woman may be a Shli’ach to accept Kidushin for her friend even though her acceptance makes them into Tzaros. Both the Gazlan and the Nigzal may not be Makdish a stolen object if the owner had not yet been Meya’esh. If a man steals an object from a woman and is Mekadesh her with it, if she had previously agreed to the Shiduch she is Mekudeshes. R. Shimon holds that with regards to a Stam Geze’ilah we assume the owner was Meya’esh. (2) If a sharecropper is Mekadesh a woman with a handful of onions from the field it is not a Kidushin but if he is Mekadesh her with a bundle of vegetables it is a Kidushin. (3) If someone takes an object without permission and is Mekadesh a woman with it even if the owner of the object indicates later on that he gives permission it is not a Kidushin. (4) If someone separated Terumah for his friend without permission and subsequently his friend said that he should have separated the Terumah from the best, if he has better produce it is Terumah, but if not it is not Terumah. If the owner added on to the Terumah even if there is no better produce the Terumah that was separated without permission is Terumah. If someone is Mekadesh a woman with his portion of Kodshei Kodshim or Kodshei Kalim, according to R. Yehudah it is a Kidushin, while R. Yosi argues. If a person is Mekadesh a woman with Ma’aser Sheni, according to R. Me'ir it is not a Kidushin while R. Yehudah holds that b’Meizid it is a Kidushin, but not b’Shogeg. If a person is Mekadesh a woman with Hekdesh, according to R. Me'ir it is a Kidushin if he is Mekadesh her with Kekdesh b’Meizid, while R. Yehudah holds that it is a Kidushin if he is Mekadesh her b’Shogeg. According to R. Yosi Kodshei Kalim is regarded as the property of the owner and therefore a person brings a Korban Shvu'ah for Kodshei Kalim. (5) R. Yosi agrees that Kodshei Kalim after the Zerikas ha’Dam is no longer the Mamon of the owner because the portion that is distributed from the Korban is given from Shulchan Gavoah.
 
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1. All five sons asked their father to be a Shli’ach to Mekadesh a woman for them and since we don’t know which son he was Mekadesh to which daughter all five sons must give a Get to all five daughters. . . 2. Since the object was stolen from him in his presence and he could do nothing to stop it he is immediately Meya’esh from even getting the object back and therefore the Gazaln may be Mekadesh a woman with it. However, the Chachamim disagree and they hold that a person is not immediately Meya’esh on a Geze’ilah since he knows who stole it and he hopes to get it back, rather a person is Meya’esh on a Gene’ivah since he doesn’t know who stole it he has no hope that he will ever get it back. 3. The sharecropper doesn’t have the right to take a handful of onions without first giving the owner of the field his share, but regarding bundle of vegetables, since all of the bundles are the same he has a right take a bundle for himself before the owner receives his share . 4. Because we are afraid that he only gave permission because he was embarrassed to admit that he is Makpid 5. If the Nifkad denies with a Shvu'ah that he was given Kodshei Kalim as a Pikadon and subsequently admits that he was lying he must bring a Korban Shvu'ah.

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Kidushin 52 - INSIGHTS KIDUSHIN OF A TZARAH The Mishnah states that if someone picks up a basket of figs of Shvi’is that belongs to five women and he gives it to them and he says “all of you shall be Mekudeshes to me”, all of them are Mekudeshes except for the sisters. The Gemara says that we learn from here that a woman may be a Shli’ach to accept Kidushin for he friend even though her acceptance makes them into Tzaros. The Rosh says that even if when her friends asked her to be a Shli’ach she did not respond and she went ahead and accepted the Kidushin without saying anything her friends are Mekudeshes because since at the time of Kidushin she did not speak out that she did not want to accept Kidushin for them the assumption is that she accepted Kidushin for all of them even though they become her Tzaros.

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Kidushin 52 - HALACHA KIDUSHIN WITH HEKDESH If a Kohen is Mekadesh a woman from his portion of Kodshei Kodshim or Kodshei Kalim it is not a Kidushin because the only use a Kohen may have from his portion is to eat it. However, if the Kohen is Mekadesh a woman with Terumah or Terumas Ma’aser or with Bikiruim, or if a Levi is Mekadesh a woman with Ma’aser Rishon, or a Yisra’el with Ma’aser Ani, it is a Kidushin. (Rambam Hilchos E’ishus 5:5)

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Kidushin 52 - LAMDAN If someone takes an object without permission and is Mekadesh a woman Mekadesh with it even if the owner of the object indicates that he gives permission it is not a Kidushin, because we are afraid that he only gave permission because he was embarrassed to admit that he is Makpid. Even if he sincerely is not Makpid but at the time of the Kidushin he had not yet given permission why is it a Kidushin? At the time of the Kidushin he did not have permission and it is Gezel! AUTHOR’S COMMENT ON YESTERDAY’S LAMDAN Tosfos says that a Kidushin Sheino Mesurah l’Biah is not simply a Kidushin when the Bi’ah is forbidden because a Kidushin with an Isur Lav is a valid Kidushin even though Bi’ah is forbidden. Instead a Kidushin Sh'aino Mesurah l’Biah is a Kidushin that creates an Isur Bi’ah, such as the case when he was Mekadesh one of two sisters, before the Kidushin they were both permitted and after the Kidushin Bi’ah is forbidden with both of them.

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Kidushin 51 - SUMMARY If someone separates more that a tenth for Ma’aser his produce is Chulin but his Ma’aser is a mixture of Ma’aser and Tevel. (1) One may separate a half of a grain of wheat for Ma’aser. A half of an animal may not be Ma’aser Behe’imah and once the tenth animal has been separated for Ma’aser Behe’imah the eleventh animal may not be Ma’aser. If two animals come out together after the ninth animal and he calls them both Ma’aser, one of them is Ma’aser Behe’imah and the other is a Shelamim. (2) If someone who is separating Ma’aser Behe’imah mistakenly calls the ninth animal ‘ten’ and the tenth animal ‘nine’ and the eleventh animal ‘ten’ all of them are Kadosh. (3) If someone Shechts a Korban Todah on white Chalos and his intent was on black Chalso the white Chalso are not Kadosh. (4) If someone Shechts a Korban Todah on 80 Chalos and he says that 40 out of 80 are Kadosh his words are effective. If he s Shechts a Korban Todah and he says 40 Chalos shall be Kadosh only if all 80 Chalos are Kadosh they are not Kadosh. If he says all 80 Chalos shall be Kadosh, Chizkiyahu says they are Kadosh while R. Yochanan says that they are not. (5) Rava holds that a Kidushin that does not lead to a Bi’ah is not a Kidushin, while Abaye disagrees. (6) If someone is Mekadesh a mother and a daughter ora two sisters it is not a Kidushin. (7) If someone picks up a basket of figs of Shvi’is that belongs to five women and he give it to them and says all of you shall be Mekudeshes to me, all of them are Mekudeshes except for the sisters. (8) If someone is Makneh an object to a person and a donkey together since the Koneh the person also is not Koneh. If someone has 2 daughters, a Na’arah and a Bogeres, and someone says I am Mekadesh one of your daughters the Bogeres is not included even if she appointed her father as a Shli’ach to accept Kidushin for her. (8) If a father has girls from both a first marriage and second marriage and he says that I was Mekadesh my daughter ‘the Gedolah’ and I don’t remember which one, all of his daughters are forbidden except for the Ketanah of the younger group according to R. Me'ir. (9) R. Yosi holds only the oldest of the older group is forbidden because a person does not place himself in a situation of Safek. (10) If a person is Mekadesh one of two sisters and he doesn’t remember which one he must give Gitin to both of them If a person who is Mekadesh one of two sisters dies and he has one brother the brother must do Chalitzah to both sisters. (11) If he has two brothers one brother shall do Chalitzah to one of the sisters and the other brother may do Yibum to the other sister. (12) If b'Dieved the two brothers married the two sisters they may stay married to them. (13) If two people are Mekadesh two sisters and they don’t remember which one of them was Mekadesh which sister they both must give Gitin to both of them. If two people who were Mekadesh two sisters died and each one has a brother the brother of each of them must do Chalitzah to both sisters.
 
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1. One may not separate more than a tenth of his produce for Ma’aser; if he separates more than a tenth only the tenth is Ma’aser and the remainder is Tevel 2. Since he doesn’t know which one is the Ma’aser and which one is the Shelamim he must wait until they both develop a Mum and he should take an animal of Chulin and he should say whichever animal is the one that is Shelamim is redeemed on the animal of Chulin and the original two animals may be eaten by the owner because Ma’aser Behe’imah that develops a Mum may be eaten by the owner outside Yerushalayim. 3. The ninth animal may be eaten once it develops a Mum, the tenth animal is Ma’aser and the eleventh animal is a Shelamim 4. Because according to Bais Hilel Hekdesh b’Taus is not Hekdesh. 5. Chizkiyah holds that he only wants to be Mekadesh 40 and the rest are in reserve in case the first 40 get lost or become Tamei , while R. Yochanan holds that he wants to be Mekadesh all 80 and therefore none of them are Kadosh because once forty are Kadosh one may not be Mekadesh any more Chalos and anything that can’t be done one after the other may also not be done at the same time. 6. Therefore if someone is Mekadesh one of two sisters without specifying which one, it is not a Kidushin according to Rava because one of the two sisters is forbidden as a sister of a wife and therefore it is a Kidushin that doesn’t lead to a Bi’ah. 7. According to Abaye the case is that he said both of you shall be Mekudeshes and it is not a Kidushin because since he can’t be Mekadesh one after the other he also may not be Mekadesh them at the same time, while according to Rava the case is that he said one of you shall be Mekudeshes and it is not a Kidushin because it doesn’t lead to a Bi’ah since we don’t know which one he was Mekadesh. 8. According to Abaye he said all of you who are suitable for Bi’ah shall be Mekudeshes to me and the sisters are not included because they are not suitable for Bi’ah, while according to Rava he said all of you and one of the two sisters shall be Mekudeshes and the sisters are not included because it is a Kidushin that doesn’t lead to a Bi’ah. 8. Because it is a special Mitzvah on the father to accept Kidushin for his daughter who is a Na’arah and a father does not abandon a Mitzvah that is special for him and do a Mitzvah (accepting Kidushin for his daughter who is a Bogeres) that is not special for him. 9. Since he doesn’t remember if it was the Gadolah of the older group or younger group of girls, or if it was the Ketanah of the older group who is bigger than the oldest of the younger group, all of them are forbidden including the middle girls from the second marriage because all of them are older than one of their sister and it is possible that it was to them he was referring to when he mentioned the word Gadolah. 10. Therefore he would not have used the word Gadolah to describe any of them with the exception of the oldest girl from the first marriage in order to ensure that he will not forget which one he was Mekadesh. 11. He may not do Yibum because he doesn’t know which one is the Yavamah and the one who is not the Yavamah is forbidden to him prior the Yibum because she is the sister of a Zakukah and she is forbidden to him after the Yibum as well because she is a sister of as Chalutzah 12. The Yibum may not be done prior to the Chalitzah because of the possibility that the Yibum will be done with the sister of the Yavamah and she is forbidden to him because she is the sister of a Zakukah. 13. Even though it was forbidden for the first brother to marry one of the sisters until the other brother did Chalitzah to the other sister, however b'Dieved once he married her he may saty with her because even if the sister that he married was the sister of a Zakukah once the other brother did Yibum with the other sister the Zikah is removed from the first sister.

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Kidushin 51 - INSIGHTS AN AGREED UPON SHIDUCH If someone is Mekadesh one of two daughters it is not a Kidushin according to Rava because it is a Kidushin that doesn’t lead to a Bi’ah. However the Rishonim say that if the Mekadesh and the father had previously agreed to a Shiduch for one of the two daughters, in such a case when he is Mekadesh one of one of two daughters, the daughter that had been previously discussed is the one who is Mekudeshes. Just as the Gemara stated previously that a person doesn’t abandon a Mitzvah that is special to him for a Mitzvah that is not special to him so too a person doesn’t abandon a Mitzvah and so instead an Ave'irah, as it is an Ave'irah to agree to a Shiduch for one daughter and subsequently Mekadesh the other daughter. (Rosh, Hagahos Maymonus)

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Kidushin 51 - HALACHA KIDUSHIN WITH TWO SISTTRS If someone says to two sisters one of you shall be Mekudeshes to me and he gave them a Perutah, or one of the sisters accepted the Peruatha for the two of them and so too someone who says to a father one of your two daughters shall be Mekudeshes to me and the father accepted the Kidushin both sisters require a Get and it is forbidden for him to have Bi’ah with either of them because the Kidushin is valid even though there is an Isur Bi’ah. (Rambam Hilchos E’ishus 9:3)

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Kidushin 51 - LAMDAN Rava holds that a Kidushin that doesn’t lead to Bi’ah is not a Kidushin. What is a Kidushin that doesn’t lead to Bi’ah? Is it a Kidushin where the Bi’ah is forbidden or a Kidushin that creates an Isur Bi’ah. Author’s Comment on Lamdan The Rambam says that everyone wants to do the right thing and it is the evil inclination that is coercing him not to do the Mitzvah. When Bais Din applies pressure on him they are effectively weakening his evil inclination to the point that now he is exercising his free choice to do the Mitzvah. .

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