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Kesuvos 74

1) [line 11] CHALITZAH MUTA'AS - a Chalitzah brought about by a deception
2) [line 21] AMAR LEI: BAR BEI RAV, SHAPIR KA AMART? - Rav Acha Bar Ya'akov said to his nephew, Rav Acha the son of Rav Ika, "You Yeshiva student, did you ask your question correctly?"

(a) It is possible to make a condition in all Kinyanim (acquisitions; the word Kinyan connotes a change of ownership or status, such as sales, gifts, Gitin and Kidushin) such that the Kinyan will not take effect unless one or both of the parties involved fulfill the specified condition. However, the Torah established that not all conditional statements are valid. Rather, the wording of the conditional statement must follow a specific formulation (Kidushin 61a).
(b) According to those who rule that a Tenai Kaful is required, it must be double-sided ("Tenai Kaful"; i.e. both the positive and the negative sides of the condition must be explicitly stated) and the positive side must precede the negative side. For example, "If you do such and such, the Kinyan will take effect; *and if not, the Kinyan will not take effect.* (There is a Tana who argues, ibid., and does not require that a conditional statement be double-sided, since the inverse may be inferred from the first half of the statement -- mi'Clal Hen Atah Shome'a Lav.) Another requirement is that statement of the condition must precede the statement of the action.
(c) The format for conditional statements is learned from the condition that Moshe Rabeinu made with the men of the tribes of Gad and Reuven. They received portions in the land of Ever ha'Yarden (modern-day Jordan) on condition that they fight alongside the other tribes in the wars of conquest of Eretz Yisrael proper (Kidushin 61a).
(d) There are Rishonim who write that even according to the opinion that a double-sided statement is necessary, it is not necessary under all circumstances:

1. According to some, if the words "Al Menas" ("on the condition that...") are included in the words of the conditional statement, it is considered as if the statement is double-sided, and the second side need not be stated explicitly (RAMBAM Hilchos Ishus 6:17).
2. There are those who are of the opinion that the rules governing the working of a Tenai only apply to Gitin and Kidushin, but not to sales and gifts (see RAMBAM and RA'AVAD Hilchos Zechiyah u'Matanah 3:8).
(e) Even if the wording of the conditional statement is properly formulated, there are still certain instances in which a Tenai will not work. For example, the condition and the action cannot affect the same subject ("Tenai u'Ma'aseh b'Davar Echad," Gitin 75a); the condition must be physically possible to perform (ibid. 84a); and the condition must not be dependent upon the concept of Bereirah (according to the opinion that rules Ein Bereirah -- Gitin 25b, see Background to Beitzah 37:9). There are also rules as to which types of actions can be qualified by a Tenai. A Tenai can only be stipulated for the types of actions which one is able to perform through an agent (a Shali'ach), such as the purchase or sale of land or other objects, or such as effecting a marriage or divorce (Kidushin or Gerushin). When performing actions such as Chalitzah, which cannot be performed through a Shali'ach, a Tenai cannot be stipulated.
(f) If the Tenai is not formulated properly, or if it does not fulfill one of the above points, the Tenai is not valid and the action (i.e. the Kinyan) takes effect even if the parties do not fulfill the specified conditions. That is, the Tenai is disregarded.

*4*) [line 27] HASAM MISHUM D'ISKUSH HAVAYOS L'HADADI - that is, Kidushei Bi'ah must have the same Halachos as Kidushei Kesef and Shtar, therefore a Tenai can be made with Kidushei Bi'ah also. (One may ask, let us suggest the opposite: since a Tenai cannot be made for Kidushei Bi'ah, it cannot be made for Kidushei Kesef and Shtar either? The RE'AH and RITVA answer that it is more logical for Kidushei Bi'ah to be drawn after the Halachos of Kidushei Kesef and Shtar, since they are two types of Kidushin, and Bi'ah is only a single type of Kidushin.)

5) [line 28] D'ISKUSH HAVAYOS L'HADADI - all methods of Kidushin are compared to each other (Kesuvos 46b, Kidushin 9b) [in the verse "v'Yatz'ah mi'Beiso; v'Halchah v'Hayesah l'Ish Acher" - "And she will leave his house (the house of her first husband) and she will be [a wife] to another man." -- Devarim 24:2] - The word "v'Hayesah" ("and she will be") includes any form of Kidushin: Kesef, Shtar or Bi'ah.

6) [line 29] HA'MEKADESH B'MILVEH U'VA'AL - a man who cancels the debt owed to him by a woman and intends (incorrectly) that this amount of money should serve as the money of Kidushin (Kidushei Kesef). When he afterwards has marital relations with her, he also intends that these relations should serve as Kidushin (Kidushei Bi'ah).

7) [line 40] "...V'HI LO NISPASAH." - "...and she was not seized." (Bamidbar 5:13)
*8*) [line 42] SHE'KIDUSHEHA KIDUSHEI TA'US - that is, her husband was Mekadesh her with a Tenai (Rashi, 51b)

9) [last line] BENAH MURKAV AL KESEIFAH - her son is being carried on her shoulder (for everyone to see)


When a person makes a Neder (or designates Chalah, Terumah or Kodshim) or Nezirus, he may have it revoked by a Beis Din of three (if they are not outstanding authorities) or a Yachid Mumcheh (an outstanding authority). The general method used is that Beis Din investigates whether the person would not have made the Neder in the first place had he been aware of a particular fact.

11) [line 11] HA'MOTZI ES ISHTO - one who divorces his wife

12a) [line 11] MISHUM NEDER - because of a vow that she made, i.e. he divorced her because he did not want to be married to a woman who is in the habit of making vows
b) [line 12] MISHUM SHEM RA - because of a rumor that she committed adultery

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