PEREK HA'ISH MEKADESH
1)

SHELUCHIM FOR KIDUSHIN [line 6]

(a)

(Mishnah): A man can be Mekadesh a woman by himself, or through a Shali'ach;

1.

A woman can become Mekudeshes to a man by herself, or through a Shali'ach;

2.

A man can be Mekadesh his daughter, when she is a Na'arah, by himself, or through a Shali'ach.

(b)

(Gemara) Question: If one can be Mekadesh a woman through a Shali'ach, obviously he can do this himself!

(c)

Version #1 - Answer (Rav Yosef): The Mishnah teaches that it is a bigger Mitzvah to do it himself than through a Shali'ach.

1.

For this reason, Rav Safra and Rava themselves used to salt a head and a fish to honor Shabbos.

(d)

Version #2 - Answer: One may not be Mekadesh a woman through a Shali'ach (if he could be Mekadesh her himself)!

1.

(Rav Yehudah): One may not be Mekadesh a woman without seeing her. Perhaps he will see in her something displeasing, and despise her, and transgress "you will love your fellow man like yourself"!

(e)

Rav Yosef's teaching applies to the Seifa, 'a woman can become Mekudeshes by herself, or through a Shali'ach.'

1.

Question: If she can do so through a Shali'ach, obviously she can do so by herself!

2.

Answer (Rav Yosef): It is a bigger Mitzvah to do so herself than through a Shali'ach.

3.

For this reason, Rav Safra and Rava themselves used to salt a head and a fish to honor Shabbos.

(f)

A woman may become Mekudeshes through a Shali'ach, for she will love her husband (even if she did not see him beforehand);

1.

(Reish Lakish): A woman prefers to be married than to live alone.

(g)

(Mishnah): A man can be Mekadesh his daughter when she is a Na'arah...

(h)

Inference: This is only when she is a Na'arah, but not when she is a minor. This supports Rav:

1.

(Rav): One may not be Mekadesh his daughter when she is young, until she matures and says whom she wants to marry.

2)

THE SOURCE FOR MAKING A SHALI'ACH [line29]

(a)

Question: What is the source that one can make a Shali'ach?

(b)

Answer (Beraisa): The Torah expresses divorce using the verb Shalach (to send), to teach that a man can make a Shali'ach (agent);

1.

('V'Shilchah' with a Mapik Hei (it has a dot inside) means 'he will send her'. Without a Mapik Hei, it means 'she will send'.) We expound the latter to teach that a woman can make a Shali'ach;

2.

The repetition of "v'Shilchah" teaches that a Shali'ach can make a Shali'ach.

(c)

Question: This teaches about divorce. What is the source for (Shelichus for) Kidushin?

1.

Suggestion: We learn from divorce.

2.

Rejection: Perhaps we learn only for divorce, for divorce works against her will!

(d)

Answer: "She will leave... and she will be (Mekudeshes)" equates divorce and Kidushin;

1.

Just like he can make a Shali'ach to divorce, also to be Mekadesh.

(e)

(Mishnah): If Reuven told his Shali'ach Shimon 'separate Terumah', Shimon should separate as much as Reuven usually takes;

1.

If Shimon does not know how much Reuven usually separates, he should take the average amount, one part in 50;

41b----------------------------------------41b

2.

If Shimon took off between one part in 40 and one part in 60, the Terumah is valid.

(f)

Question: What is the source that a Shali'ach can separate Terumah?

1.

Suggestion: We learn from divorce.

2.

Rejection: We cannot learn Terumah, which has Kedushah, from divorce, which is Chulin!

(g)

Answer: "Also you (will take Terumah)" teaches that a Shali'ach can take Terumah.

(h)

Question: Why did the Torah teach about Shelichus regarding divorce? We could learn from Terumah!

(i)

Answer: We cannot learn from Terumah, for Terumah can be separated through thought alone.

(j)

(Mishnah): A Korban Pesach was lost. The group (that jointly owned it) sent one member (Reuven) to find it. He found it and slaughtered it. The rest of the group took another animal and slaughtered it.

1.

If Reuven slaughtered first, all eat from the animal he slaughtered (he was their Shali'ach).

(k)

Question: What is the source that a Shali'ach can slaughter Kodshim?

1.

Suggestion: We learn from divorce and Terumah.

2.

Rejection: We cannot learn from these, for they are like Chulin compared to Kodshim!

(l)

Answer (R. Yehoshua ben Korchah) Question: Why does it say "all of Yisrael will slaughter (the Pesach)"? Only one person slaughters (each Korban)!

1.

Answer: This teaches that we attribute a Shali'ach's actions to the one who appointed him.

3)

WHY THE TORAH NEEDED TO TEACH EACH CASE [line 18]

(a)

Question: Why did the Torah teach about Shelichus regarding divorce and Terumah? We could learn from Pesach!

(b)

Answer: We cannot learn from Pesach, for most matters of Kodshim (are Kosher only through Kohanim, and) must be done through Sheluchim.

(c)

Question: We showed that it did not suffice to teach about Shelichus in one case (we could not learn the other two from it). Perhaps the Torah could have taught two, and we would learn the third from them!

1.

Suggestion: We can learn Kodshim from the others!

2.

Rejection: They are like Chulin compared to Kodshim.

3.

Suggestion: We can learn divorce from the others!

4.

Rejection: We cannot learn from Kodshim and Terumah, for they take effect through mere thought.

5.

Suggestion: We can learn Terumah from the others!

(d)

Answer: Indeed, we can learn Terumah from divorce and Kodshim!

(e)

Question: Why did the Torah need to write "also you"?

(f)

Answer: This teaches like R. Yanai taught:

1.

(R. Yanai): "Also you" - just like you are party to the covenant (of circumcision), also your Sheluchim must be.

(g)

Question: We know this without the verse!

1.

(R. Chiya bar Aba): A slave cannot be a Shali'ach to receive a Get of divorce, because Kidushin and divorce do not apply to him. (Likewise, Terumah applies only to Yisre'elim.)

(h)

Answer: Kidushin and divorce do not apply to slaves at all. A Nochri can separate Terumah on his own produce, so one might have thought he can be a Shali'ach for (a Yisrael to separate) Terumah.

1.

(Mishnah): If a Nochri or Kusi separated Terumah, it becomes Terumah.

(i)

Question: According to R. Shimon (who says that their separation of Terumah is invalid), what do we learn from "also you"?

1.

(Mishnah): If a Nochri separated Terumah, and it became mixed with Chulin, it forbids the mixture. If a non-Kohen ate such Terumah, he must compensate for what he ate and add a fifth;

2.

R. Shimon says, neither of these two laws apply.

(j)

Answer: We learn "you (can separate Terumah)", but sharecroppers cannot, nor partners, guardians, or anyone who separates from produce that is not his;

1.

One might have thought that we exclude even a Shali'ach. "Also you" teaches that Sheluchim can separate Terumah.