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Kollel Iyun Hadaf, Jerusalem

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Kidushin 41

KIDUSHIN 41-42 - Ari Kornfeld has generously sponsored the Dafyomi publications for these Dafim for the benefit of Klal Yisrael.


***** Perek ha'Ish Mekadesh *****


(a) The Tana of our Mishnah - permits a man who is Mekadesh, a woman who is Miskadeshes and a man who betroths his daughter who is a Na'arah, to betroth through the services of a Sheli'ach.

(b) The Tana refers specifically to a daughter who is a Na'arah (not to preclude a Ketanah, but) - because it is wrong to betroth a girl as long as she is a Ketanah (as we shall see later).

(c) Rav Yosef explains - that, even though the Tana has already taught us that a man can betroth a woman through a Sheli'ach, he nevertheless finds it necessary to add 'Bo' - to teach us that the principle Mitzvah lies with the person to fulfill the Mitzvah himself (rather than hand it over to a Sheli'ach).

(d) Rav Safra used to fry a fish-head in honor of Shabbos; Rava used to - salt the fish.

(a) Others suggest that betrothing a woman through a Sheli'ach might even entail a prohibition, based on Rav Yehudah Amar Rav - who forbade the betrothal of a woman before having seen her, in case one later discovers something about her looks that disgusts him (which will subsequently result in his hating her).

(b) And he extrapolates this from the Pasuk - in Kedoshim "ve'Ahavta le'Rei'acha Kamocha".

(c) According to this, when Rav Yosef refers to 'Mitzvah Bo Yoser mi'bi'Shelucho' - he is referring to the Seifa 'ha'Ishah Miskadeshes Bah u'vi'Sheluchah'.

(d) Rav Yehudah Amar Rav's suspicion does not apply to the Seifa - because a woman's urge to marry is far stronger than that of a man, so that the chances of her being disgusted are remote.

(a) The woman's adage that Resh Lakish quotes and that bears out the previous principle is - 'Tav le'Meisav Tan Du mi'le'Meisav Armelu' ('Better to live two together than to remain a spinster).

(b) Rav Yehudah Amar Rav (or Rebbi Elazar) forbids a man to marry off his daughter whilst she is a Ketanah - because (bearing in mind that a Ketanah does not have Da'as) it is wrong to marry off a girl before she herself decides that she wants to marry the man concerned (presumably because, to do so, is asking for trouble).

(a) We learn from the Pasuk (written in connection with Gitin) ...
1. ... "ve'Shilach"- that a man may appoint a Sheli'ach (le'Holachah).
2. ... "ve'Shilchah" (the extra 'hey') - that the woman may appoint a Sheli'ach (le'Kabalah).
3. ... "ve'Shilchah" (which is written a second time) - that even the Sheli'ach may appoint a Sheli'ach.
(b) We learn Shelichus by Kidushin - from the 'Hekesh' of Kidushin to Gitin "ve'Yatz'ah ve'Haysah".

(c) We cannot learn it from a 'Mah Matzinu' from Gerushin - because Gerushin can be effected against the woman's will (and maybe that is why Shelichus is effective too), whereas Kidushin requires the woman's consent.

(d) And we (initially) learn from the Pasuk "Kein Tarimu *Gam* Atem" - that one may also appoint a Sheli'ach to separate Terumah.

(a) The three amounts that a person might separate as Terumah are - a generous man, a fortieth, a miserly person, a sixtieth, and a regular guy, a fiftieth.

(b) A Sheli'ach who is unable to assess the amount the owner would want to give - separates a fiftieth.

(c) If, in the last case, the Sheli'ach gave a fortieth or a sixtieth - his separation is effective (and it is not necessary to repeat it).

(d) We cannot learn Shelichus by Gitin and Kidushin from Terumah - because one can separate Terumah with thought alone, whereas Gitin and Kidushin require an action and speech.




(a) Rebbi Yehoshua ben Korchah learns from the Pasuk "ve'Shachatu Oso Kol Kehal Adas Yisrael" - that one may appoint a Sheli'ach to Shecht a Korban.

(b) The Pasuk cannot be understood literally - because not more than one person is eligible to Shecht a Korban.

(c) One of the members of a group asked one of the group to go and search for their missing Korban Pesach. If he subsequently found it and Shechted it on their behalf, but they took another lamb and Shechted it - they are obligated to eat from whichever Korban was Shechted first.

(d) We cannot learn Shelichus everywhere else from a 'Mah Matzinu' from Kodshim - because most of Kodshim operates through Shelichus.

(a) We then try learning one from two. We cannot learn ...
1. ... Kodshim from any combination of Gitin, Kidushin and Terumah - because compared to Kodshim, they are all considered Chol.
2. ... Gerushin from Terumah and Kodshim - because they can be separated in the mind alone, whereas Gerushin requires an act.
(b) We learn from the Pasuk ...
1. ... "ve'Nechshav Lachem Terumaschem" - that Terumah can be separated in the mind alone.
2. ... "Kol Nediv Leiv" - that Hekdesh too, can be declared in the mind.
(c) We ask why we cannot learn Shelichus by Terumah from Gerushin and Kodshim, and conclude - that indeed we can and we do.
(a) Since we learn Shelichus by Terumah from Gerushin and Kodshim, we use "*Gam* Atem" to learn what Rebbi Yanai said - that a Sheli'ach, whom the Torah is comparing here to oneself, must be, like oneself, a Jew.

(b) Rebbi Chiya bar Aba Amar Rebbi Yochanan said - that an Eved cannot receive a Get on behalf of a woman.

(c) The reason for this is - because he himself is not subject to Gitin and Kidushin.

(d) We cannot learn Rebbi Yanai's Din from there however, and disqualify a Nochri from separating Terumah for the same reason - because a Nochri *is* subject to Terumah re. produce that grew in his own field (since he holds that a Nochri does not have a Kinyan in Eretz Yisrael to remove the Din of Ma'asros from his crops).

(a) The Tana Kama in a Mishnah in Terumos considers the Terumah of a Nochri, Terumah - re. forbidding the Chulin into which it fell, and to obligate a Zar who eats it to pay an extra fifth.

(b) The reason of Rebbi Shimon who disagrees is - because he extrapolates from "Degancha" 've'Lo Digun Akum' (meaning that the 'Miru'ach' [the flattening of the pile of corn] at the hand of the Nochri, removes the obligation of Ma'asering]).

(c) The problem that this poses on the previous D'rashah of "Gam Atem" is - that "Gam Atem" now appears redundant according to Rebbi Shimon.

(d) Rebbi Shimon learns - that "Gam" precludes from "Atem" - to teach us that "Atem" does not come to preclude separating Terumah through a Sheli'ach.

10) In fact, Mar precludes four cases from "Atem": "Atem" 've'Lo Arisim', "Atem" 've'Lo Shutfin' - "Atem" 've'Lo Apotropin' and "Atem" ve'Lo ha'Torem es she'Eino she'Lo'.

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