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Kidushin 19

KIDUSHIN 19 (4 Sivan) - Dedicated by Rabbi Kornfeld's father, Mr. David Kornfeld, in memory of the members of his family who perished at the hands of the Nazi murderers in the Holocaust and whose Yahrzeit is observed today: his mother (Mirel bas Yakov Mordechai), brothers (Shraga Feivel, Aryeh Leib and Yisachar Dov, sons of Mordechai), grandfather (Reb Yakov Mordechai ben Reb David [Shpira]) and aunt (Charne bas Yakov Mordechai [wife of Reb Moshe Aryeh Cohen]).

(a) A male less than nine years of age is not considered to be capable of having marital relations. When he reaches the age of nine, he is considered able to have relations for all Halachic considerations.

(b) The ramifications of this are:

1. He acquires his Yevamah as his wife through marital relations (according to some Rishonim, mid'Oraisa; according to others, only mid'Rabanan -- see Insights to Yevamos 39:2)
2. He obtains the status of a Bo'el Nidah (see Background to Kidushin 10:10) if he has relations with a Nidah;
3. If he is a Mamzer or a Nesin, he invalidates the daughter or wife of a Kohen from eating Terumah by rendering her a "Zonah;"
4. If he has relations with an animal or an Ervah, they are put to death because of him (MISHNAH and RASHI, Nidah 45a).
2) [line 24] "[IM RA'AH B'EINEI ADONEHA,] ASHER LO YE'ADAH..." - "[If she is not pleasing in the eyes of her master,] who [should have] designated her (Ye'adah) [as his wife]..." (Shemos 21:8) - The Gemara understands that the word "Ye'adah" is related to the word "De'ah" (knowledge, or consent), and thus it derives from the word "Ye'adah" that he must inform her when he does Yi'ud.

3) [line 31] KEDEI PEDIYAH - enough time left in the day for her to be redeemed (for a significant monetary amount; i.e. a Perutah or more)

4) [line 38] HA'MEKADESH B'MILVEH SHE'YESH ALEHA MASHKON - one who betroths a woman by forgiving a loan (that she owes him) for which he is holding collateral


5a) [line 3] [ME'YU'EDES] - designated for betrothal (Yi'ud)
b) [line 3] MEKUDESHES - betrothed (with Kidushin)
c) [line 4] ME'URESES - betrothed (with Erusin, identical to Kidushin)
6) [line 4] B'SOF SHESH - at the end of six [years of servitude]
7) [line 9] HISKADSHI LI ME'ACHSHAV, L'ACHAR SHELOSHIM YOM - become betrothed to me from right now, after thirty days have passed. In such a case, as soon as thirty days have passed, the Kidushin takes effect retroactively.

8) [line 17] HA'MOCHER ES BITO - one who sells his daughter as a maidservant (see Background to Kidushin 3:16, and 11:24)

9) [line 20] HAREI AT MEKUDESHES LI L'ACHAR SHELOSHIM YOM - "You are hereby betrothed to me for after thirty days." When a man is Mekadesh a woman in this manner, the Kidushin does not take effect until after thirty days have passed.

10) [line 27] PASAK - stipulated
11) [line 28] NISKAYEM HA'TENAI - the stipulation is upheld (and binding)

(a) It is possible to make a condition in all Nedarim (vows; see Background to Nedarim 2) or Kinyanim (acquisitions; the word Kinyan connotes a change of ownership or status, such as sales, gifts, Gitin and Kidushin) such that the Neder or 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) It is debated among the Tana'im and Amora'im if it is possible to alter a Halachic effect (such as Nezirus or Kinyan) that the Torah or the Rabanan describe, through a Tenai. For instance, the Torah says that the Kinyan of Kidushin (betrothal) obligates the husband with certain marital and financial obligations towards his wife upon their marriage. If a person specifies that he wants to make a Kidushin on the condition that the Kidushin will not commit him to those obligations, it is called "Masneh Al Mah she'Kasuv ba'Torah," a Tenai that is attempting to change obligations (of Kidushin, in this case) that the Torah specifies. Another example of this would be if a person attempts to make himself a Nazir on the condition that he be permitted to become Tamei Mes. Some Tana'im rule that a condition which attempts to change any Kinyan, either one that is mid'Oraisa or one that is mid'Rabanan, is not valid. Others hold that a condition can change only a Kinyan that is mid'Rabanan (which is weaker), while yet others rule that it can only change a Kinyan that is mid'Oraisa (since the Rabanan were more stringent with their institutions, lest people belittle them). Finally, there are those who rule that it can change either a Kinyan that is mid'Oraisa or one that is mid'Rabanan.
(c) 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.

13) [line 33] SHE'ER, KESUS V'ONAH - food, clothing and the obligation of a husband with regard to marital relations (the three primary obligations of a husband towards his wife)

14) [line 34] B'DAVAR SHEB'MAMON - regarding a monetary matter [a stipulation made contrary to Torah law is binding]

15) [line 36] "[V'CHI YIMKOR ISH ES BITO] L'AMAH" - "[When a man sells his daughter] to be a maidservant" (Shemos 21:7) - The Gemara (according to Rebbi Meir) derives from the word, "l'Amah," that it is possible to sell one's daughter only to be a maidservant, without the option of becoming the master's wife through Yi'ud, or (according to the Rabanan) that it is possible to sell one's daughter to Pesulim (see next entry).

16) [line 39] PESULIM - Jewish men to whom marriage is prohibited but will nevertheless take effect, such as to a Mamzer or a Nesin

17) [line 46] "IM RA'AH B'EINEI ADONEHA, [ASHER LO YE'ADAH...]" - "If she is not pleasing in the eyes of her master, [who [should have] designated her (Ye'adah) [as his wife]...]" (Shemos 21:8). The Gemara (according to Rebbi Eliezer) understands this verse to be referring to a marriage that is not pleasing, i.e. prohibited, from the Torah's perspective, and yet it is still possible for Yi'ud to take effect (hence, a father may sell his daughter to Pesulim; see previous entry).

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