Kiddushin, Daf Bet, Part 3

 

Introduction

The Talmud continues to discuss why the Mishnah states a woman is acquired.

 

וניתני הכא האיש קונה משום דקא בעי למיתנא סיפא וקונה את עצמה בדידה תנא נמי רישא בדידה

 

But, let it teach here, A man acquires ? Because it wants to teach the second clause, and acquires herself, which refers to her [the woman], it therefore teaches the first clause also in reference to her.

 

The second chapter opens with a man betroths. So why not open the first chapter with a man acquires instead of the passive, a woman is acquired ?

The answer is to preserve the parallel with the end of the mishnah a woman acquires herself.

 

וניתני האיש קונה ומקנה משום דאיכא מיתת הבעל דלאו איהו קא מקני מן שמיא הוא דמקני לה

 

Then let it teach, A man acquires . . . and transfers [ownership] ? Because there is the husband’s death where it is not he who transfers [ownership], but it is Heaven who transfers her ownership.

 

The first clause still could have read a man acquires and thn the latter clause could have read and transfers ownership. In other words, both could have been in the active, with the man as the subject, and not the passive with the woman.

The answer is that when it comes to the husband dying, the husband is not causing her to acquire herself. The husband s death is from Heaven. Therefore, the second half could not have taught, and transfers ownership.

 

ואי בעית אימא אי תנא קונה ה"א אפילו בעל כרחה תנא האשה נקנית דמדעתה אין שלא מדעתה לא

 

If you want you can say, if it had taught he acquires I might have thought, even against her will, hence it taught a woman is acquired, — with her consent, but not without.

 

The use of the woman as the subject, albeit a passive one, indicates that a woman cannot be married against her will. Unlike any other acquisition where the consent of the acquired is not necessary, when it comes to marriage, the acquired party, the woman, must consent.