Masechet Kiddushin 53b-54a: He gave her Maaser Sheni or Hekdesh for kiddushin, Rebby Meir & R' Yehuda

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May 08 2016
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1h 9min 23s
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Series: Daf Yomi

Venue: Jerusalem Jerusalem

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Halacha:

Collections: R' Berzon Kiddushin Daf Yomi

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The sugya in Masechet Kiddushin 53b-54 addresses two cases: he gave her Maaser Sheni or Hekdash for kiddushin, and presents the controversy between Rebby Meir & R' Yehuda. According to R' Meir, Maaser Sheni can never be valid since he does not own the Maaser. R' Yehuda maintains that there is private ownership on Maaser but if there was a lack of awareness of status of the fruits as Maaser Shenei the kiddushin was effectuated under false premises & the kiddushin as טעות is invalid. Whose mistake is crucial? Her's, his, or both of them? Regarding Hekdesh, R' Yehuda opines that if the Mekadesh was unaware of the status of the object, there is מעילה and as a result the Hekdesh status in nullified & the Kiddushin is valid. R' Meir disagrees.

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    Learning on the Marcos and Adina Katz YUTorah site is sponsored today by the Goldberg and Mernick families to mark the yahrzeit of Samuel M. Goldberg, R’ Shmuel Meir ben R’ Eliyahu HaCohen z”l