13

Rambam discusses this exact question in a responsum (1:150 in the Machon Yerushalayim edition) to R. Pinchas the Judge. He tells R. Pinchas to read his Sefer Hamitzvot where he lays out the rule that a mitzvah that is derived via one of the 13 principles of exposition is not called d'oraita unless the Sages explicitly say so. Kessef which is derived via a ...


12

From the day she is born (Shulchan Arukh EH 37:1).


11

See the Talmud’s elaboration on 49b: על מנת שאני עשיר אין אומרים כרבי אלעזר בן חרסום וכרבי אלעזר בן עזריה אלא כל שבני עירו מכבדים אותו מפני עושרו ‘On condition that I am wealthy,’ we do not say, like R. Eleazar b. Harsom and R. Eleazar b. Azariah, but as long as he is honoured by his fellow citizens on account of his wealth. (Soncino ...


8

The edition of Shas at HebrewBooks.org contains a footnote suggesting that it is indeed R. Shimon b. Lakish. It notes that there are manuscripts with this reading, as well as the parallel text in the Talmud Yerushalmi.


5

We learn the halacha about a car by first looking at the halacha by a boat. A boat is a movable property and is acquired by: meshicha "pulling" from a property to another mesira "transmission of an object" in the public domain and by schirut makom (leading its place) in the domain of the seller. In Bava Basra (75b - 77a) there is a long discussion: ...


5

The Rambam writes how the Minhag of Klal Yisrael is to use Kesef or Shaveh Kesef, not Shtar; although, shetar is also an option. Rav Hershel Schachter (Kiddushin 5777 - Pesichah) quotes Prof. Simcha Assaf (from a book he found in his father's library) who thinks this is one of the Rambam's attacks on the Karaites, emphasizing how we believe in Torah Shebaal ...


4

Rashi explains that the reason why one who eats outside is invalid to give testimony is because he does not care about basic dignity. This is clearly not relevant to those who eat in a place where it is quite normal to eat.


4

Thanks to the answer of @Joel K I searched in manuscripts of the Sifria Leumit. See in Manuscript Vatican Apostolica Hebr 110-111 that the text is Amar leih Rabbi Shimeon Ben Lakish (Left column fourth line)


3

I'd think it would say she acquires herself through get or the husband's death. There would be no point of writing the Mishnah this way, because it would be redundant. We already have been told that a woman becomes unmarried via a get or the death of her husband. The Mishnah is trying to tell us how status changes are effected; the status change that has ...


3

I had proposed that, according to R' Yochanan, the Mishnah could work according to either R' Yehudah or the Chachamim. According to R' Yehudah, the reason a Na'arah cannot accept her divorce/marriage document is because "two hands cannot accept as one." If a Na'arah has no father, perhaps he would hold that she could accept on her own behalf, as there are ...


2

There's no contradiction. A father has the "right" to marry off his minor daughter, as in if he does it, she's married. Despite that, he's not allowed to do it unless she's old enough to agree and actually agrees. Similarly, you're not allowed to do various things on Shabbat, but if you do, you've accomplished them. This is obviously true for physical ...


2

The opinion of the Aruch Hashulchan (EH 38:94) regarding this matter is that rich is a fluctuating term which is determined per the locale. וזהו ידוע שבעיר קטנה נקרא עשיר בסכום קטן ובעיר גדולה לא נקרא עשיר בסכום כזה, ולכן תלוי לפי המקום שהוא דר בו [נ"ל] It is commonly known that in a small city it takes less wealth to be considered rich than in a big ...


2

Even if there were Kosher witnesses and the bridegroom intend to mekadesh the bride, if the Shtar Kidushin was written by a Nochri a like a civil marriage, it is an invalid Kiddushin, as the questioner stated we need Kesiva Lishma Even Haezer 32,1. This is assuming the civil marriage document itself is worth less than a shave Pruta (for everyone else and ...


2

There is an extended comment of the Rambam on this Mishnah of avot. But I want only note here, according to the explanation of Bartenura that the Mishna says almost exactly what chachamim say in Kiddushin. They say גדול התלמוד שמביא לידי מעשה. The Talmud is greater because it leads to action. So, with Talmud we don't leave the action, we reinforce the action....


2

I found in Sefer Devarcha Yair 2:34 who discusses this issue in depth bringing all sources. If you want to see all the back and forth see the teshuvah inside. His conclusion : It is not proper for a Talmid Chacham or Ben Torah to eat in public even if its an area with a small amount of people. So too they shouldn't drink even water in public. For a regular ...


1

(Edit: Now that I reread your question it seems your question is why by the first case (and all the other ones except the Yevama one) the word "s/he" in the words "And s/he acquires herself" is referring to the person after s/he was aquired, but in the case of the Yevama the word "she" in the same words is referring to the Yevama before she was acquired. ...


1

R. David Luria, ibid., suggested that R. Yehudah’s suspicion (or, precaution) may have stemmed from the fact that in his day, due to penurious conditions, it was common for multiple young rabbinic students to share one blanket (San. 20a).


1

As the gemara rules (Kiddushin 12a) that if the object isn't worth a Perutah here but is worth more than a Perutah in another place, the Kiddushin are valid. Ebay is such "another place" where the bride can use the full worth as it is an accepted marketplace, and the prices there are valid market prices.


1

A little complement to the previous answer of @Alex, regarding Kiddushe Kesef. An interesting Rashi in Yevamot 90b reports that some rabbanim ruled by an interpretation of this Gemara that Kiddushe Kesef is Derabanan. ואית דאמרי תינח קדיש בכספא דקידושי כסף דרבנן קדיש בביאה דקידושין דמדאורייתא נינהו מאי איכא למימר וטעות גדול הוא בידם דקידושי כסף דאורייתא ...


1

At the simplest level -- and I have heard MDjava's answer as well, to show we value the Oral Law -- kessef is more foolproof than a Shtar. A Gett, for instance, requires people with lots of training and specialization, and painstaking attention to detail about how names and locations are spelled. A Shtar Kiddushin would require something similar to a Gett.


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