Kiddushin, Daf Gimmel, Part 5
Introduction
Today’s section begins to interpret the mishnah—from where is it derived that a woman is betrothed through money. However, this passage is not really from Kiddushin. It was originally composed in connection with a mishnah from Ketubot 46b according to which when a father betroths his daughter, he receives the money.
בכסף מנ"ל ותו הא דתנן האב זכאי בבתו בקדושיה בכסף בשטר ובביאה מנלן דמיקניא בכסף וכסף דאבוה הוא
By money. From where do we know this? Moreover, when we learned, a father has authority over his daughter in her betrothal [whether it was effected] by money, document or intercourse: How do we know that she can be acquired by money and that the money belongs to her father?
There are two questions that will be answered. 1) How do we know that betrothal can be effected through money? 2) How do we know that it goes to the father. Note that it goes to the father only if she is a minor or a young girl. Once she has hit majority age, the money is hers. The Talmud defines majority age as 12 ½.
אמר רב יהודה אמר רב דאמר קרא (שמות כא, יא) ויצאה חנם אין כסף אין כסף לאדון זה אבל יש כסף לאדון אחר ומאן ניהו אב
Rav Judah said in the name of Rav: Scripture said, “Then she shall go out for nothing, without money” (Exodus 21:11), [which implies that] this master receives no money but that another master does receive money; And who is he? Her father.
The Talmud now begins to ask how we know that the father receives the money through which she is betrothed. Rav Judah answers with a midrash of a verse concerning a young girl who is sold into slavery. When this girl reaches a certain age, the master or his son is to marry her. If he does not, he must send her free, without the usual money used to redeem a slave. The Torah emphasizes this—“she goes out for nothing, without money.” The repetition allows Rav Judah to offer a midrash—there is no money when a girl leaves her master’s domain in this case. But in another similar case, when a girl leaves her father’s domain by being betrothed, there is money. And who receives the money—her father.
ואימא לדידה הכי השתא אביה מקבל קידושיה דכתיב (דברים כב, טז) את בתי נתתי לאיש הזה ואיהי שקלה כספא
But might it not be suggested that it belongs to her?
Now that her father who contracts her betrothal, as it is written in Scripture, “I gave my daughter to this man,” (Deuteronomy 22:16) would she take the money!
R. Judah’s midrash successfully proved that there is money when the girl leaves her father’s domain. But how do we know the father receives it? Maybe the girl who is being betrothed should receive it?
The answer is that if the father has the right to betroth her, i.e. to decide to whom she is betrothed, then shouldn’t he be the one to receive the money.
ואימא ה"מ קטנה דלית לה יד לקבל קידושין אבל נערה דאית לה יד לקבל קידושין תקדיש איהי נפשה ותשקול כספא
But might it not be suggested that this applies only to a minor who has no legal right [to betroth herself], but a na’arah who has such rights may herself contract her betrothal, and she herself receives the money?
Above we said that since a father decides whom his daughter marries, he should receive the betrothal money. But a na’arah, a girl between the ages of 12 to 12.5 can decide herself to whom she is betrothed. So she should be able to receive her betrothal money, not her father. But we know that the father does receive the money. So again the question is asked, how do we know this?
אמר קרא (במדבר ל, יז) בנעוריה בית אביה כל שבח נעורים לאביה
Scripture stated, “Being in her youth in her father’s house” (Numbers 30:17), [implying that] all the advantages of her youth belong to her father.
The Talmud now answers with a verse taken from the context of the annulment of vows. The verse implies, to the Talmud, that all financial advantage that comes to her in her youth, while a na’arah, go to her father. This would include the money used for her betrothal.