REVACH L'DAF
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SUMMARY
Rav: If one is Mekadesh a woman on condition that she has no Mum, and he subsequently marries her, he must give her a Get even if she has Mumim. Shmuel: She does not require a Get. (1)
Rav: If a Ketanah was married off by her brothers and did Mi'un after she was a Gedolah, she does not require a Get from a second husband. Shmuel: She does require a Get from the second husband. (2)
If no condition was made in the Kidushin and she is discovered to have Nedarim, her husband may divorce her without a Kesuvah. (3)
Rabah and Rav Chisda: If one marries a woman without making a condition and she is discovered to have Nedarim, she requires a Get mid'Rabanan. (4)
Rabah: Only if one divorces his Arusah and then remarries her without making a condition, will she require a Get according to Rav. (5)
If one is Mekadesh a woman with less than a Perutah, or a Katan is Mekadesh a woman, the Kidushin is void even if subsequently the Chasan sends her gifts.
Tana Kama: If one is Mekadesh a woman with less a Perutah and he subsequently has relations with her, it is a valid Kidushin. Rebbi Yishmael: It is not a valid Kidushin. (6)
Tana Kama: If one has relations with a woman for Kidushin on condition that his father agrees, even if the father does not give his acquiescence the Kidushin is valid. Rebbi Shimon: The Kidushin is not valid.
A Ketanah was married off by her father and remarried her husband after he divorced her. If her husband dies while she is still a Ketanah, she does Chalitzah but not Yibum. (7)
A BIT MORE
1. Rav maintains that since a person does not engage in Bi'as Znus, he had in mind that the Bi'ah should be a Kidushin. However, he is not obligated to give her the Kesuvah, because with regard to the Kesuvah the condition is still valid.
2. Rav maintains that since a person does not engage in Bi'as Znus, her first husband knows that the Kidushin of a Ketanah is not valid, and thus he had in mind that the Bi'ah that he had with her after she became a Gedolah should be a Kidushin. Since the first husband did Bi'ah for Kidushin, she is married to the first husband and the Kidushin of the second husband is void. Even Shmuel agrees that she may not stay married to the second husband, because once she became a Gedolah the Rabanan do not allow her to do Mi'un.
3. Rabah and Rav Chisda: A Get is required only mid'Rabanan. Rava: The Tana is in doubt about whether a Get is required and requires a Ger because of the Safek. However, the Safek does not require him to give the Kesuvah.
4. However, she does not receive the Kesuvah. Rava maintains that there is a doubt about whether she requires a Get, and therefore she is given a Get mi'Safek. She is not given the Kesuvah out of doubt, because when there is a Safek regarding a monetary claim, the burden of proof is on the claimant (the wife in this case).
5. However, if he married her without divorcing her first and no condition was made in the Nisu'in, no Get is required, even according to Rav.
6. Tana Kama: A person knows that Kidushin with less than a Perutah is not valid, and therefore he did the Bi'ah with Kidushin in mind. Rebbi Yishmael: A person does not know that Kidushin with less than a Perutah is not valid, and he did not do Bi'ah with Kidushin in mind.
7. Although her first marriage, when she was married off by her father, was mid'Oraisa, once she was divorced she is no longer in the domain of the father and thus her remarriage is valid only mid'Rabanan (because she is Ketanah), and consequently she may not do Yibum. However, if she remarries after she becomes a Gedolah, or if she becomes a Gedolah prior to the death of her husband, the marriage is valid mid'Oraisa and she may do Yibum according to the Tana Kama.
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BRIEF INSIGHT
KIDUSHIN WITHOUT NISU'IN
Rav says that if one is Mekadesh a woman on condition that she has no Mum and he subsequently marries her, he must give her a Get even if she has Mumim. The reason is that a person does not engage in Bi'as Znus, and thus he had in mind that the Bi'ah should be a Kidushin. Rashi says that he is not obligated to give her the Kesuvah because with regard to the Kesuvah the condition remains valid. However, the Ran says that even if he was completely Mochel the condition, he is not obligated to pay the Kesuvah. The reason is that since the original Kidushin is void, the Nisu'in is also void, and even though he was Mekadesh her with the Bi'ah, it is a Kidushin without a Nisu'in. Consequently, she is an only an Arusah, and therefore he is not obligated to pay the Kesuvah.
QUICK HALACHAH
KIDUSHIN DEPENDENT ON THE FATHER
When one is Mekadesh a woman on condition that his father consents, if his father consents the Kidushin takes effect, and if he does not consent, or if he is silent or he dies, the Kidushin is void. (Shulchan Aruch EH 38:8)
If the father dies, the Kidushin is void immediately. However, if the father does not agree to the Kidushin, or he is silent, it remains a Safek Kidushin until the father's death, because perhaps he will later change his mind and give his acquiescence to the Kidushin. (Chelkas Mechokek)
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