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KIDUSHIN 7-10 - Dedicated by an admirer of the work of the Dafyomi
Advancement Forum, l'Iluy Nishmas Mrs. Gisela (Golda bas Reb Chaim Yitzchak
Ozer) Turkel, A"H.
1) MARRYING A WOMAN ON BEHALF OF SOMEONE ELSE
QUESTION: When a man tells a woman that he is giving money to her in order
for her to become Mekudeshes to another man, the Kidushin is valid through
the mechanism that we learn from the freedom of an Eved Kena'ani.
2) ACQUIRING "METALTELIN" THROUGH "AGAV" OF KIDUSHIN
We know that Kidushin cannot be made without the consent of either party.
How, then, can a man be Mekadesh a woman on behalf of another man without
having been appointed as a Shali'ach by the other man to do so?
RASHI (DH Heilach) explains that, indeed, the Mekadesh appointed the other
man as his Shali'ach to be Mekadesh the woman by giving her a Perutah.
However, if he is a Shali'ach, then why is the Halachah of Eved Kena'ani
necessary to teach us that the Kidushin takes effect?
(a) RASHI explains that, normally, a Shali'ach is Mekadesh with the money of
the sender. The Halachah of Eved Kena'ani teaches that he may use his own
money to make a Kidushin for another person. This is the simplest way of
explaining the Gemara.
(b) The RITVA explains that the person who gave the Perutah was not a
Shali'ach. Rather, after he gave the Perutah for Kidushin, the Mekadesh
said, "I want you to become Mekudeshes to me with the Perutah that the other
person gave to you." This is why we must invoke the Halachah of Eved
Why does the Ritva not explain like Rashi, that even if the one who gave the
Perutah was a Shali'ach, we still need the Halachah of Eved Kena'ani to
teach that the Shali'ach can give his own money?
Perhaps the Ritva understands that if the giver of the Perutah was a
Shali'ach, then even if he gives his own money, since he is giving it for
the benefit of the one who appointed him it is considered as if he loaned
money to the one who appointed him by giving the money to the woman on his
behalf. Therefore, the giving of the Kidushin will cause the Perutah to
become a loan to the Mekadesh at the same time as the Perutah becomes the
property of the woman ("Ba'in k'Achas"). (Even if the one who gives the
Perutah does not expect the Mekadesh to reimburse him, it is as if he gave
the Mekadesh a loan and then was Mochel the loan.) That is why the Ritva
explains that the one who gives the money is not a Shali'ach, and therefore
he cannot create a loan to the Mekadesh since the Mekadesh did not request
of him to loan him money.
Rashi, on the other hand, learns that when the person gives a Perutah for
the Mekadesh, the Perutah itself does not become the property of the
Mekadesh. Rather, the Mekadesh owes him money because he incurred an expense
at the request of the Mekadesh.
QUESTION: Rav Papa rules that if the woman gives the man a Perutah and says,
"Take this, and I will become Mekudeshes to you," she becomes Mekudeshes.
Rav Ashi asks that we know that "Nechasim she'Yesh la'Hem Acharayos" (i.e.
land/Karka) cannot be transferred "Agav" -- as a secondary acquisition -- by
way of "Nechasim she'Ein la'Hem Acharayos" (i.e. mobile
property/Metaltelin); rather, only Metaltelin can be acquired "Agav" Karka.
In what way is the woman considered "Nechasim she'Yesh la'Hem Acharayos?"
RASHI explains that the verse compares a person to Karka, "ve'His'nachaltem
Osam" (Vayikra 25:46) and thus a woman is considered "Nechasim she'Yesh
This verse, though, is discussing Avadim Kena'anim. The Gemara later (22b)
learns from this verse that one may acquire an Eved Kena'ani in the same
manner that one acquires land -- with Kesef, Shtar, or Chazakah. We do not
find that the verse refers to a free person, or even to an Eved Ivri. The
Gemara requires other sources to teach that one may acquire an Eved Ivri, or
a wife, with Kesef and Shtar. How, then, can Rashi cite this verse as a
source that a woman is considered "Nechasim she'Yesh Lahem Acharayos?"
(TOSFOS DH Im Ken)
In addition, if a woman is compared to Karka with regard to Kinyan Agav,
then it should also be possible to acquire Metaltelin together with the
woman by making Kidushin. Would this be a valid Kinyan?
The RASHBA asks that even if Agav could be used to make a secondary Kinyan
of Karka together with Metaltelin, why would we think that a woman can be
acquired through Agav? Just like Chazakah cannot be used to acquire a woman
because there is no source for it in the Torah (see Insights to 3a), so,
too, Kinyan Agav should not be a valid Kinyan!
ANSWER: The RAMBAN and RASHBA explain that the Gemara does not mean to
literally compare a woman to Karka, or to suggest that Kinyan Agav would
actually work to be Koneh a wife. Rather, the Gemara means that even if we
could compare a woman to Karka and even if a woman could be acquired through
Agav, it would still not suffice to explain why giving a Perutah to a man
can create Kidushin. (TOSFOS, DH Im Ken, gives a similar answer to the
question how Agav should be able to create a Kidushin.)