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1) AGENTS FOR KIDUSHIN

(a) (Mishnah): A man can himself Mekadesh a woman, or have an agent Mekadesh her to him;

1. A woman can herself become Mekudeshes to a man, or through an agent;
2. A man can himself Mekadesh his daughter to a man when she is a Na'arah, or through an agent.

(b) (Gemara) Question: If a man can make an agent to Mekadesh a woman to him, obviously he can do this himself!
(c) [Version #1 - Answer (Rav Yosef): The Mishnah teaches that it is a bigger Mitzvah to do it himself than through an agent.

1. Similarly - Rav Safra and Rava would themselves prepare food for Shabbos.]

(d) [Version #2- Answer: It is forbidden to Mekadesh a woman through an agent (if one could Mekadesh her himself)!

1. (Rav Yehudah): It is forbidden to Mekadesh a woman without seeing her - perhaps he will not like her appearance, and he will despise her, and transgress "You will love your fellow man as yourself"!

(e) Rav Yosef's teaching was taught on the next clause of the Mishnah - 'A woman can herself become Mekudeshes to a man, or through an agent.'
(f) Question: If she can do this through an agent, obviously she can do this herself!
(g) Answer (Rav Yosef): It is a bigger Mitzvah to do it herself than through an agent.

1. Similarly - Rav Safra and Rava would themselves prepare food for Shabbos.

(h) There is no prohibition for a woman to Mekadesh herself through an agent, for she will surely love her husband.

1. (Reish Lakish): A woman prefers to be married than to live alone.

(i) (Mishnah): A man can Mekadesh his daughter when she is a Na'arah...
(j) Inference: Only when she is a Na'arah, but not when she is a minor - this supports Rav.

1. (Rav): It is forbidden for a man to Mekadesh his daughter when she is young, until she matures and says who she wants to marry.

(a) Question: From where do we know that one can make an agent?
(b) Answer (Beraisa): The Torah expresses divorce using the verb Lishlo'ach (to send) - this teaches that a man can make a Shali'ach (agent);

1. "V'Shilcho (read without a Mapik Hei - she will send)" - this teaches that a woman can make an agent;
2. It says "v'Shilacho" twice - the repetition teaches that an agent can make an agent.

(c) Question: This teaches regarding divorce - how do we know that agents can Mekadesh?

1. Suggestion: We learn from divorce.
2. Rejection: Perhaps agents only work by divorce, for divorce works against a woman's will!

(d) Answer: "She will leave...she will be (Mekudeshes)" - the Torah equates divorce and Kidushin.

1. Just as divorce can be done by an agent, also Kidushin.

(e) (Mishnah): Reuven told his agent Shimon 'Take Terumah' - Shimon should take as much as Reuven usually takes;

1. If Shimon does not know how much Reuven usually takes, he should take the average amount, 1 part in 50;

2. If Shimon took off between 1 part in 40 and 1 part in 60, the Terumah is valid.

(f) Question: From where do we know that an agent can take Terumah?

1. Suggestion: We learn from divorce.
2. Rejection: We cannot learn Terumah, which has Kedushah, from divorce, which is Chulin!

(g) Answer: "Also you (will take Terumah)" - this teaches, an agent can take Terumah.
(h) Question: Why did the Torah teach about agents by divorce - we could learn from Terumah!
(i) Answer: We cannot learn from Terumah, for Terumah can be separated through thought alone.
(j) (Mishnah): A Pesach sacrifice was lost. The group (that jointly owned it) sent 1 member (Reuven) to find it. He found it and slaughtered it; the rest of the group took another animal and slaughtered it.

1. If Reuven slaughtered first - all eat from the animal he slaughtered;

(k) Question: From where do we know that an agent can slaughter Kodshim?

1. Suggestion: We learn from divorce and Terumah.
2. Rejection: We cannot learn from these, for they are as Chulin compared to Kodshim!

(l) Answer: We learn as R. Yehoshua ben Korchah.

1. (R. Yehoshua ben Korchah) Question: "All of Yisrael will slaughter the Pesach sacrifice" - but only 1 person slaughters (for each group)!
2. Answer: This teaches, we attribute an agent's actions to whomever he represents.

(a) Question: Why did the Torah teach about agents by divorce and Terumah - we could learn from Pesach!
(b) Answer: We cannot learn from Pesach, for most matters of Kodshim must be done through agents.
(c) Question: We have seen that it was not enough to teach about agents in 1 place - perhaps it would suffice to teach in 2 places!

1. Suggestion: We should learn Kodshim from the others.
2. Rejection: They are as Chulin compared to Kodshim.
3. Suggestion: We should learn divorce from the others.
4. Answer: Kodshim and Terumah can take effect through thought alone.
5. Suggestion: We should learn Terumah from the others.

(d) Answer: Indeed, we can learn Terumah from divorce and Kodshim!
(e) Question: Why did the Torah need to write "You, also you"?
(f) Answer: As R. Yanai taught.

1. (R. Yanai): "Also you" - just as you are party to the covenant (of circumcision), your agents must also be.

(g) Question: We already know this!

1. (R. Chiya bar Aba): A slave cannot be an agent to receive a Get of divorce, because Kidushin and divorce do not apply to him.

(h) Answer: Kidushin and divorce do not apply to slaves at all, but a Nochri can take Terumah on his own produce, so one might have thought he could be an agent for Terumah.

1. (Mishnah): A Nochri or Kusi that took Terumah - it becomes Terumah.

(i) Question: According to R. Shimon (who says that they cannot take Terumah), what do we learn from "You, also you"?

1. (Mishnah): Terumah separated by a Nochri - if mixed with Chulin, it forbids the mixture; a non-Kohen that eats such Terumah must compensate for what he ate and add a fifth;
2. R. Shimon says, neither of these 2 laws apply.

(j) Answer: We learn "You (may take Terumah)" - and not sharecroppers, partners, overseers, or anyone that separated from produce that is not his;

1. One might have thought, we also exclude an agent - "Also you" teaches that agents can take Terumah.