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Rosh Kollel: Rabbi Mordecai Kornfeld


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Kidushin 44

KIDUSHIN 44 - dedicated by Rav Mordechai Rabin (London/Har Nof), on the day of the Yahrzeit of his mother (28 Sivan).

1) TO MEKADESH ONE'S DAUGHTER

(a) (Mishnah): A man can Mekadesh his daughter...
(b) (Mishnah): A Na'arah that is Mekudeshes - both she and her father can receive her Get;
1. R. Yehudah says, we never find 2 people, each of whom has jurisdiction over 1 person; rather, only her father can receive it.
(c) Any girl that (does not know to) guard her Get, she cannot be divorced.
(d) (Reish Lakish): Chachamim and R. Yehudah argue similarly regarding who can receive Kidushin for a Na'arah (only the father, or also herself);
(e) (R. Yochanan): They only argue by divorce - by Kidushin, all agree that only her father can receive her Kidushin.
(f) (R. Yosi bar Chanina): R. Yochanan explains Chachamim as follows: when a girl is divorced, she returns herself to her father's jurisdiction, so (also) she can receive her own Get;
1. When she becomes Mekudeshes, she extracts herself from her father's jurisdiction, so only he can receive her Kidushin.
(g) Objection: But a Ma'amar (Kidushin of a Yevamah) extracts a girl from her father's jurisdiction, yet a Na'arah can receive it herself!
1. (Mishnah): A Ma'amar can only be given to a (Mekudeshes) minor with her father's consent;
2. It may be given to a (Mekudeshes) Na'arah with her consent or her father's.
i. This is not the case by Kidushin.
(h) Correction (R. Yosi bar Chanina): R. Yochanan explains Chachamim as follows: a girl is only Mekudeshes willingly, so only the father can Mekadesh her;
1. She can be divorced against her will, so even she can receive the Get.
(i) Question: But a Ma'amar needs her consent, and she can receive it herself!
(j) Answer #1: That Mishnah is as Rebbi, who holds that a Ma'amar works against her will.
1. (Beraisa - Rebbi): A Yavam that gave a Ma'amar against the will of the Yevamah - this is valid;
2. Chachamim say, it is invalid.
i. Rebbi learns from Yibum - just as Yibum acquires her against her will, also Ma'amar;
ii. Chachamim learn from Kidushin - just as Kidushin requires her consent, also Ma'amar.
iii. Rebbi holds, it is better to learn matters of a Yevamah from matters of a Yevamah;
iv. Chachamim hold, it is better to learn from Kidushin (because Ma'amar makes Kidushin).
3. Support (for R. Yochanan - Mishnah): This is not the case by Kidushin (that a Na'arah can receive it herself).
4. Suggestion: The Mishnah refutes Reish Lakish!
5. Rejection: No - he can answer, the Mishnah is as R. Yehudah, who says that jurisdiction over 1 person is never given to 2 people.
6. Question: If it is as R. Yehudah - it should not say, this is not the case by Kidushin; rather, it should say, 'this is not the case by divorce' (this is a bigger Chidush)!
7. Answer: True, that is a bigger Chidush; since the Mishnah speaks of Ma'amar, it mentioned, Kidushin, which is similar to Ma'amar.
8. Question: According to R. Yehudah, why is Ma'amar different than Kidushin?
9. Answer: Ma'amar is different, because she is already partially acquired to the Yavam.
(k) Answer #2: A Na'arah can receive a Ma'amar herself, because she is already partially acquired to the Yavam.
2) AS WHOM IS OUR MISHNAH
(a) (Mishnah): A father can himself Mekadesh his Na'arah to a man, or through an agent.
(b) Question (against Reish Lakish): The father can do this, she or her agent cannot!
(c) Answer: The Mishnah is as R. Yehudah.
(d) Question: But the continuation of the Mishnah (46A) says, 'A man told a woman: be Mekudeshes to me with this date, be Mekudeshes to me with this date...'
1. Question: In our Mishnah, each time he says 'be Mekudeshes' - as whom is this?
2. Answer (Rabah): R. Shimon, who says that an oath taken to many people is considered as 1 oath unless he said 'oath' to each person.
3. Suggestion: The Mishnah is R. Yehudah; regarding multiple (oaths or acts of Kidushin), he holds as R. Shimon.
4. Rejection (Beraisa - R. Meir): The rule is: if an encompassing (false) oath was made - he is only liable for 1 oath; if the oath was individualized, he is liable for each one;
i. R. Yehudah says, 'An oath, I do not owe you, not you, not you' - he is liable for each one;
ii. R. Eliezer says, 'I do not owe you, not you, not you - I swear' - he is liable for each one;
iii. R. Shimon says, he is only liable for 1 oath unless he said 'oath' to each person.
(e) Answer: The Mishnah is R. Shimon; regarding whether a Na'arah can Mekadesh herself (to a man), he holds as R. Yehudah.
(f) In the Beis Medrash, Reish Lakish was screaming 'the Torah equates divorce to Kidushin', but no one agreed.
44b---------------------------------------44b

3) CAN A NA'ARAH MAKE AN AGENT?

(a) Question (Rava): Can a Na'arah make an agent to receive her Get?
1. Is she as the hand of her father, or as his yard?
i. If she is as his hand - she can make an agent, just as he can;
ii. If she is as his yard, she is not divorced until she receives the Get.
2. Question: Was Rava really unsure of this?
i. (Rava): A man put a Get in the hand of his wife's slave - she is divorced only if the slave is asleep and she is guarding him.
ii. Question: Why isn't she divorced if the slave is awake?
iii. Answer: The slave is as a yard that is not under her watch.
3. (Summation of question): If she is only as the yard of her father - even when the Get reaches her, it should not work, for she is not under her father's watch!
4. Answer: Really, Rava knew that she is as her father's hand; the question is, is she as strong as her father's hand to make an agent.
(b) Answer (Rav Nachman): She cannot make an agent.
(c) Question (Mishnah): A minor said 'Receive my Get for me' - it does not take effect until it reaches her hand.
1. Inference: If a Na'arah said this, she would be divorced when the agent gets it!
(d) Answer: The case is, she has no father (therefore, she can make an agent).
(e) Question: But the end of the Mishnah says, if her father told an agent to receive her Get, the husband cannot retract the Get once the agent takes it - we see, the Mishnah is when she has a father!
(f) Answer: The Mishnah is abbreviated; it should read thusly: A minor said 'Receive my Get for me' - it does not take effect until it reaches her hand;
1. If a Na'arah said this, she would be divorced when the agent gets it.
2. This is when she has no father; if she has a father, and he told an agent to receive her Get, the husband cannot retract the Get once the agent takes it.
4) KIDUSHIN WITHOUT THE FATHER'S KNOWLEDGE
(a) (Shmuel): A minor became Mekudeshes without her father's knowledge - she needs a Get and Mi'un (to marry someone else).
(b) Question (Karna): This is illogical!
1. If she needs a Get (i.e. she is Mekudeshes), there is no need for Mi'un!
2. If she needs Mi'un (she is not Mekudeshes), there is no need for a Get!
(c) They sent these opinions to Rav, but switched the names. Rav ruled as Shmuel (truly) said, and was shocked that (based on what he was told) Shmuel disagreed.
(d) Question: What is Shmuel's reason?
(e) Answer (Rav Acha brei d'Rav Ika): She needs a Get - perhaps the father was pleased with the Kidushin;
1. She needs Mi'un - perhaps the father did not agree to the Kidushin;
i. If people do not realize this, they will think that she was Mekudeshes, and that if the Mekadesh tries to Mekadesh her sister, nothing happens - by requiring Mi'un, people will see that something is amiss, and will ask Chachamim.
(f) (Rav Nachman): Shmuel's law only applies if the Mekadesh had already told that father that he wants to Mekadesh her.
(g) [Version #1 (Ula): Even Mi'un is not needed.
(h) Question: Does Ula say that even if the Mekadesh already spoke to the father?!
(i) Answer: No - Ula was not referring to what Rav Nachman said.]
(j) [Version #2 (Ula): A minor became Mekudeshes without her father's knowledge - even Mi'un is not required.]
(k) Question (Rav Kahana - Mishnah): (Reuven died; one of his wives (Chanah) was a close relative of his brother Shimon. If before Reuven died,) Chanah died, did Mi'un, was divorced, or was found to be an Ailonis, Shimon may do Yibum with a different widow.
1. Question: In the case that Chanah did Mi'un - who was Mekadesh her to Reuven?
i. Suggestion: If her father - Mi'un would not suffice, she would need a Get!
2. Answer: Rather, she was Mekadesh herself to Reuven, and the Mishnah teaches that she needed Mi'un!
(l) Answer (Rav Kahana): The case is, she was as an orphan in her father's lifetime (she was fully married (and divorced or widowed before marrying Reuven), after which she never returns to her father's jurisdiction. Therefore, when her father was Mekadesh her to Reuven, Mi'un suffices.)
(m) Question (Rav Hamnuna - Beraisa): A man cannot sell his daughter (as a slave) to relatives; R. Eliezer says, he can;
1. All agree that he can sell (his daughter) a widow to a Kohen Gadol, a divorcee or Chalutzah to a regular Kohen.
2. Question: In the case of a widow - who was Mekadesh her to her first husband?
i. Suggestion: If her father - a man cannot sell his daughter after having been Mekadesh her!
3. Answer: Rather, she was Mekadesh herself, and she is considered a widow!
(n) Answer (Rav Amram): She became Mekudeshes through Yi'ud, according to R. Yosi b'Rebbi Yehudah, who says that the money used to buy an Amah is not considered Kidushin money (so it is not considered that the father was Mekadesh her).
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