Masechet Kiddushin 48b-49b: he promised her one thing & delivered something else

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Date:
April 28 2016
Length:
1h 8min 25s
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Series: Daf Yomi

Venue: Jerusalem Jerusalem

Gemara:

Collections: R' Berzon Kiddushin Daf Yomi

Description

For Kiddushin 49 we will study the Mishna & sugya regarding cases where the מקדש promised her one thing & delivered something else. Clearly the טעות allows for the invalidation of the Kiddushin. But what if she gets more that what she expected, i.e. a טעות לשבח? This question applies to situations of שליחות where the משלח made it easier for the Shaliach to fulfill his agency but did an even 'better' job? Rebby Shimon formulates a new principle: מראה מקום הוא לו which allows for the validation of the שליחות. This principle becomes crucial in the case of a Get that was written in a different way than the way he was instructed to do. This will also impact on many cases of a תנאי where the money given was more beneficial for her, monetarily.

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    Learning on the Marcos and Adina Katz YUTorah site is sponsored today by Francine Lashinsky and Dr. Alexander & Meryl Weingarten in memory of Rose Lashinsky, Raizel bat Zimel, z"l on the occasion of her yahrzeit on Nissan 14, and in honor of their children, Mark, Michael, Julie, Marnie and Michelle, and in honor of Agam bat Meirav Berger and all of the other hostages and all of the chayalim and by the Goldberg and Mernick Families in loving memory of the yahrzeit of Illean K. Goldberg, Chaya Miriam bas Chanoch