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| Nov. 21, 2008 - 23 Heshvan 5769 |
| Daf Yomi Kidushin 44 |
5581/1820 Rav Refoel Yosef Chazan - Chikrei Lev read more
5767/2006 Rav Zvi Hirsh Markowitz - Rosh Yeshiva Karlin, Nesivos Ha'Emuna
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Summary of the Daf
- If a Ketanah is a Shomeres Yavam from E’irusin, only her father may accept Ma’amer from the Yavam; if she is a Na’arah both the Na’arah and her father may accept Ma’amer.
- Rebi holds that if a Yavam does Ma’amer with his Yavamah without her consent it is valid, while the Chachamim disagree. read more
1. Rebbe holds that Ma’amer is learned out from Bi’ah of a Yavam which may be done against the will of the Yavamah, while the Chachamim learn it out from a regular Kidushin which may only be done with the consent of the woman.
- Only the father, not the Na’arah, may accept the Kidushin of a Na’arah ha’Merosah. read more
According to R. Yochanan this is true even according to the Chachamim, while Rei’ish Lakish holds that it is only true according to R. Yehudah.
- R. Yehudah agrees with the Chachamim regarding the Ma’amer of a Yavam that that both the Na’arah and her father may accept the Ma’amer read more
Ma’amer is different than Kidushin or Ge’irushin because the Yavamah is already Zekukah to the Yavam.
- A father may accept Kidushin for his daughter who is a Na’arah either himself or by means of a Shli’ach
- If someone says to a woman Hiskadshi with this date Hiskadshi with this date it is only a Kidushin if one of the dates is worth a Perutah without combining it with the other. read more
This is in accordance the opinion of R. Shimon who holds that unless a separate Lashon Shvu'ah is used for each denial of a Pikadon he is only Chayav one Korban Shvu'ah.
- R. Me'ir says if someone denies a Pikadon to a number or people with a Lashon that is a Klal he is only Chayav one Korban Shvu'ah, if he used a Lashon Perat he is Chayav a number of Korbanos Shvu'ah.
- R. Yehudah says if someone denies a Pikadon to a number or people and he swears not to you, not to you, not to you he is Chayav he is Chayav a number of Korbanos Shvu'ah. read more
However if he says and not to you and not to you it is considered a Klal and he is only Chayav one Korban Shvu'ah.
- R. Elozar says that if someone denies a Pikadon to a number or people and he says not to you, not to you, not to you Shvu'ah he is Chayav he is Chayav a number of Korbanos Shvu'os. read more
If he says Shvu'ah at the end it is regarded as a Perat, however if he says Shvu'ah at the beginning it is a Klal
- R. Shimon says that if someone denies a Pikadon to a number or people he is only Chayav separate Korbanos Shvu'ah if he used a separate Lashon Shvu'ah for each one.
- If a husband places a Get in the hands of a servant of his wife if he is he is sleeping and she is guarding him it is a Get, if he is awake it is not a Get. read more
If the servant sleeping he is regarded as a Chatzer that is guarded with her Da’as, however if he is awake he is a Chatzer that is guarded with the Da’as of the servant and therefore it is not a Get.
- Even according to the Chachamim who hold that a Na’arah ha’Merosah may accept her own Get, she may not instruct a Shli’ach to receive the Get for her. read more
A Na’arah may accept her own Get according to the Chachamim because she is like the Yad of the father, however she is not a strong enough Yad to appoint a Shli’ach.
- If a Ketanah (even if she is an orphan) appoints a Shli’ach to receive her Get it is not a Get until it reaches her hand, however a Na’arah who is an orphan may appoint a Shli’ach to receive her Get.
- A Ketanah who accepted Kidushin without the knowledge of her father, if the father had previously considered the Shiduch she requires a Get and Mi’un. read more
She requires a Get because maybe the father will approve of the Kidushin, but she also requires Mi’un because of the concern that people may think that it was a definite Kidushin and if he is Mekadesh her sister it is not even a Safek Kidushin, therefore she requires Mi’un so people will understand it is only a Safek Kidushin and if he is Mekadesh her sister it is a Safek Kidushin and a Get is required.
- Ula says that if a Ketanah accepts Kidushin without the knowledge of her father even Mi’un is not necessary. read more
There are conflicting versions in the Gemara whether Ula is referring to a case that the father had considered the Shiduch previously or not.
- If any of the fifteen Arayos who release their Tzaros from Chalitzah or Yibum died, or did Mi’un, or divorced, or turned out to be an Aylonus prior the death of the husband the Tzaros are permitted to the Yavam. read more
The Tazros of any of the fifteen Arayos (women who are forbidden to the Yavam) are Patur from Chalitzah and Yibum and are free to remarry without Chalitzah. However if the Erva was divorced or died or did Mi’un or turned out to be an Aylonus (an Aylonus is a Mekach Ta’us if he was unaware of it) before the death of her husband the Tzaros are no longer regarded as a Tzarah of an Erva and the Dinim of Chalitzah and Yibum apply.
- A Ketanah who was married and subsequently divorced even though her father is still alive she may be Mekadesh herself (mid'Rabbanan) because once she married she is no longer in the Reshus of her father.
- It is a Machlokes Tana’im if a father may sell her daughter as a maidservant to one of her relatives. read more
According to the Tana Kama she may not sell her to relatives because the possibility of Yi’ud does not exist.
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Kidushin 44Brief Insight
THE ZECHUS OF KIDUSHIN
A Ketanah who accepted Kidushin without the knowledge of her father, if her father had previously considered the Shiduch she requires a Get because of the possibility that the father approves of...read more | | |
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| Kidushin 44Quick Halacha
KIDUSHIN OF A KETANAH
A Ketanah or Na’arah who is Niskadshah or marries without the knowledge of her father, it is not a Kidushin, and even Mi’un is not needed. This is true even if her father had previously...read more | | |
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| Kidushin 44Lamdan
Rei’ish Lakish holds that according to the Rabanan a Kidushin has the same Din of Ge’irushin because of the Geze’irah Shaveh of ‘v’Yatzah v’Haysah’ and a Na’arah may accept her own Kidushin. Why does...read more | | |
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