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KIDUSHIN 8

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SUMMARY If someone is Mekadesh a woman with any object of value according to the second Lashon if it was not evaluated prior to the Kidushin it is not a Kidushin according to R. Yosef. (1)   An Eved Ivri may be bought or redeemed with Shaveh Kesef (any object of value).   An Eved Ivri may not be not be bought or redeemed with Kinyan Chalipin.   R. Nachman holds that produce may not be used for a Kinyan Chalipin.   If someone says this calf or Talis is for the Pidyon of my son it is not a Pidyon; if he says this calf or Talis for the five Sela'im is for the Pidyon of my son it is a valid Pidyon. (2)   If someone says to a woman you are Mekudeshes to me with a Manah, and he gives her a Dinar, the Kidushin is valid and he must give her the remainder of the money. (3)   If he says you are Mekudeshes to me with this Manah the Kidushin does not go into effect until she receives the entire Manah. (4)   If he says you are Mekudeshes to me with this Manah and it turns out that one of the Dinarim is missing or is copper [instead of silver] it is not a Kidushin. (5)   If it turns out that one the Dinarim is bad the Kidushin is valid but he must replace the bad Dinar. (6)   R. Ashi says if someone is Mekadesh a woman with a Manah Stam and he starts counting out the Dinarim the Kidushin does not go into effect until she receives the entire Manah.   Rava says if someone is Mekadesh a woman with a Manah and he gives her a Mashkon (collateral) for the Manah it is not a Kidushin.   If someone received a Mashkon from his friend and he is Mekadesh a woman with it the Kidushin is valid. (7)   R. Yitzchak says that a Ba'al Chov is Koneh a Mashkon.   If someone gives Kesef Kidushin to a woman and she throws it down in front of him, or throws into the sea or into the fire it is not a Kidushin. (8)   If the woman tells a man to give the Kesef Kidushin to her father, or his father, or to Ploni it is not a valid Kidushin; if she says on condition that he will accept the Kesef for me it is a valid Kidushin.   If the woman tells a man to place the Kesef Kidushin on a rock or to give it to a dog it is not a valid Kidushin.   If the rock or dog belongs to her it is a valid Kidushin.   If the rock belongs to both of them or if the dog was running after her it is a Safek if it is a valid Kidushin.   If a person gives a bread to a woman for Kesef Kidushin and she tells him to give it to a poor person it is not a Kidushin even if she is in the habit of supporting that person. (9) A BIT MORE 1. Because Shaveh Kesef (any object of value) that is used for Kidushin must be similar to Kesef and it must have a known value. However Rabah argues and he holds that it is a valid Kidushin even if it was not evaluated.   2. Even if the calf or Talis is not worth five Sela'im it is a valid Pidyon if the Kohen accepts it for the value of five Sela'im.   3. It is as if he said that I am giving you the Dinar on condition that I give you the remainder of the money and anytime someone says on condition the Kidushin goes into effect immediately as long as he fulfills the Tenai later on.   4. If he gives her the Manah one Dinar at a time either one of them may back out until she receives the last Dinar.   5. However if she was aware at the time that she accepted the Kidushin that one of the Dinarim was copper and she accepted it anyway it is a valid Kidushin.   6. The bad Dinar is usable but it is difficult to find someone to accept it.   7. He is Mekadesh her with the Chov that he has on the Mashkon and since a Ba'al Chov is Koneh a Mashkon it is a valid Kidushin.   8. However if she throws it into the sea or into the fire she is obligated to pay him for the money that was lost.   9. Because she can say to him that you also have an obligation to support the poor person.

BRIEF INSIGHT A MISSING DINAR   If someone says to a woman you are Mekudeshes to me with a Manah and he gives her a Dinar the Kidushin is valid and he must give her the remainder of the money because it is as if he said that I am giving you the Dinar on condition that I give you the remainder of the money. The Ra'avad says that if he gives her the entire Manah minus one Dinar it is not a valid Kidushin even if he gives her the missing Dinar later on. The reason is that when he gives her only one Dinar she is not embarrassed to make a claim on the missing money, but when only one Dinar is missing she is embarrassed to make a claim on the missing Dinar and therefore it is not a Kidushin. QUICK HALACHAH AN ADAM GADOL   If the father writes a document to the Kohen that he is Chayav five Sela'im he must give the money but the son is not redeemed. If he gives the Kohen a utensil that is valued in the market at less than five Sela'im and the Koehn accepts it for five Sela'im it is a valid Pidyon. (Rambam Hilchos Bikurim 11:7)   Although the Gemara states that the Din that the Kohen may accept a utensil for five Sela'im even though it is worth less only applies to an Adam Gadol, the Rambam understands that an Adam Gadol is only an example and that the intent of the Gemara is that any Kli that is worth to some people the value of five Sela'im may be accepted by the Kohen for five Sela'im. Therefore the Rambam states that is valued in the market at less than five Sela'im which implies that to some people it is worth five Sela'im. (Kesef Mishneh)

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