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1) DOUBLE SIDED CONDITIONS

(a) We understand according to R. Chanina "If a man did not lie with you...Hinaki (you will be blessed)" (we infer, if she had adultery, she will be cursed).

1. Question: According to R. Meir, it should also say, 'If you lied with a man, Chinaki (you will be choked'!
2. Answer: Since "Hinaki" is written without a Yud, it also hints at 'Chinaki'.

(b) We understand according to R. Meir why "Hinaki" is written without a Yud (as above).

1. Question: According to R. Chanina, why was this necessary - we can infer, if she lied with a man, she will be choked!
2. Answer: One might have thought, if a man did not lie with her, she will be blessed; if she lied with a man, even though she transgressed, she will neither be blessed nor cursed - we hear, this is not so.

(c) We understand according to R. Meir "He will become purified (sprinkled) with (the water of the red heifer) on the third day and the seventh day", "If he will not become purified...";

1. Question: According to R. Chanina, why was this necessary?
2. Answer: One might have thought, l'Chatchilah, he should be sprinkled on the third and seventh days; b'Di'eved, if he was sprinkled on one of them, he becomes Tahor - we hear, this is not so.
3. Question: Why must it say "The Tahor one will sprinkle on the Tamei one on the third day and the seventh day"?
4. Answer: If we only had the first verse, one might have thought that it says "third" and "seventh" to exclude the second and sixth days, for not enough time has elapsed from when he became Tamei;

i. But if he was sprinkled on the third and eighth days, there are more days since the Tum'ah, he would be Tahor - we hear, this is not so.

5. Question: Why does it say "He will purify him on the seventh day"?
6. Answer: One might have thought, to eat Kodshim, he must be sprinkled on the third and seventh days; to eat Terumah, it suffices to be sprinkled on one of them - we hear, this is not so.

(a) (Mishnah): A man was Mekadesh a woman. He was mistaken regarding her lineage (a Bas Kohen or a Bas Levi) or regarding her wealth (rich or poor) - she is Mekudeshes, since she did not trick him;
(b) If a man, currently, cannot be Mekadesh a certain woman, Kidushin will not take effect even if he stipulates that it should only take effect *after* the obstacle to Kidushin is removed, namely:

1. After he converts or is freed;
2. After she converts or is freed;
3. After the death of her husband or her sister (David's wife);
4. After she does Chalitzah.
5. Similarly: Reuven told Shimon, 'If your wife gives birth to a girl, she is Mekudeshes to me' - she is not Mekudeshes.

(c) (Gemara - Mishnah): We cannot separate picked produce to be Terumah on attached produce, nor vice-versa; b'Di'eved, it does not take effect.
(d) Question (Rav Asi): Picked fruits of this patch should be Terumah on the attached fruits of this patch (or vice-versa) when they are picked - does this work (after they are picked)?
(e) Answer (R. Yochanan): Anything a person can do (such as picking the fruits), it does not hinder things if he has not done it.
(f) Question (Mishnah): Kidushin does not work even if he stipulates that it should take effect after he or she converts or is freed, after the death of her husband or her sister, or after she does Chalitzah.

1. Granted, the last cases are not in his control - but in the first case, he can convert if he wants!

(g) Answer: No, he cannot convert at will.

1. (R. Chiya bar Aba): Conversion must be in front of a Beis Din of 3.

2. Question: Why is this?
3. Answer: Conversion is called Mishpat, just as monetary judgments.
4. (Summation of answer): A non-Jew cannot convert whenever he wants - perhaps he will not find a Beis Din of 3.

(h) Question (R. Aba bar Mamal): If so - if Reuven is Mekadesh his Shifchah to take effect after Reuven frees her, it should work (since he can free her at will)!
(i) Answer: No - a Shifchah's acceptance of Kidushin (even with intent that it should work for after freedom) is meaningless.
(j) Suggestion: R. Yochanan would argue on R. Oshiya's law.

1. (R. Oshiya): Shimon gave his wife a Perutah and said 'You are Mekudeshes to me after I will divorce you' - she is not Mekudeshes.

(k) Rejection: No - granted, Shimon can divorce his wife, but he cannot Mekadesh her again without her consent.
(l) Suggestion: We can resolve R. Oshiya's question.

1. Question (R. Oshiya): Reuven gave 2 Perutos to Leah and said 'You are Mekudeshes to me today with 1 Perutah, and you are Mekadesh to me with the other Perutah after I will divorce you' - does the second Kidushin work?
2. Since he cannot Mekadesh her again without her consent, he cannot stipulate to do this!

(m) Rejection: No - perhaps, once he is able to Mekadesh her now, he is also able to Mekadesh her for after divorce.

(a) Support (for R. Yochanan - Beraisa): We cannot separate picked produce to be Terumah on attached produce; b'Di'eved, it does not take effect.

1. The case is, he said 'Picked fruits of this patch should be Terumah on the attached fruits of this patch (or vice-versa)' this has no effect;
2. If he said, they should be Terumah when they are picked, it works (after they are picked).
3. R. Eliezer ben Yakov says, even if he said 'Picked fruits of this patch should be Terumah on the attached fruits of this patch (or vice-versa) after they grow to a third of their full growth and are picked', this works.

(b) [Version #1 (Rabah): R. Eliezer ben Yakov only said this if the grain has already grown enough to be used as fodder;
(c) (Rav Yosef): He said this even if it is Agam (soft sproutings).
(d) Question: From where do we know that Agam means something which can be bent?
(e) Answer: "Will a man bend his head as an Agmon (hook)?"
(f) Question: Does R. Chanina (brought below) hold as Rabah or as Rav Yosef?

1. (Mishnah): Reuven told Shimon, 'If your wife gives birth to a girl, she is Mekudeshes to me' - this has no effect.
2. R. Chanina: If Shimon's wife is pregnant (and gives birth to a girl), the daughter is Mekudeshes.

(g) Answer: If R. Chanina holds as Rabah - she must be visibly pregnant; if as Rav Yosef - even if she is not visibly pregnant.]
(h) [Version #2 (Rabah): R. Eliezer ben Yakov holds (that one can stipulate that Terumah should take effect after the grain grows) if it is mature enough to be used as fodder - only in a field nourished solely by rain, but not in a field that needs irrigation (for it is common that such fodder will not develop into grain);
(i) (Rav Yosef): R. Eliezer ben Yakov holds (if it is mature enough to be used as fodder) even in a field that needs irrigation.
(j) Question: Does R. Chanina hold as Rabah or as Rav Yosef?

1. (Mishnah): Reuven told Shimon, 'If your wife gives birth to a girl, she is Mekudeshes to me' - this has no effect.
2. R. Chanina: If Shimon's wife is pregnant, the daughter is Mekudeshes.

(k) Answer: It must be, she is visibly pregnant; R. Chanina can hold as Rabah or as Rav Yosef.]