Kiddushin, Daf Heh, Part 3

 

Introduction

Having failed to derive betrothal in one of the three ways from one of the other ways, the Talmud now asks if betrothal in one way can be derived from the other two ways. Note that the Talmud is consistently bothered by superfluity we need to prove that every verse, every midrash was needed, and that no laws could be learned through the existence of the others.

 

חדא מחדא לא אתיא תיתי חדא מתרתי הי תיתי לא ליכתוב רחמנא בשטר ותיתי מהנך

מה להנך שכן הנאתן מרובה

One could not be derived from the other; but let one be inferred from two others?

Which could be inferred? The Torah could have not written [betrothal] through a document, and it could be derived from the others?

But as for the others, that is because their pleasure is great!

 

The first suggestion as to which means of betrothal could be derived from the others is that betrothal through a document could be derived from money and intercourse. For this to work, we would need there to be nothing common to money and intercourse that is not common to the document. But there is there is pleasure in receiving money and engaging in intercourse. But there is no pleasure in receiving a document. Thus betrothal through a document could not be derived from betrothal through money and intercourse.

 

לא ניכתוב רחמנא בביאה ותיתי מהנך מה להנך שכן קנינן מרובה

 

Let the Torah not write intercourse, that it might be inferred from the others?

But as for the others, that is because their powers of acquisition are great!

 

We could not have derived betrothal through intercourse from betrothal through money and document because money and documents are normal ways of acquiring. Intercourse works as a means of acquisition only in marriage.

 

לא ניכתוב רחמנא בכסף ותיתי מהנך

מה להנך שכן ישנן בע"כ

 

Let the Torah not write money, that it might be inferred from the others?

But as for the others, that is because they can be done against her will!

 

Money cannot be derived from the other two because money never works in marriage against the woman s will, whereas intercourse does in the case of a yevamah and a document divorces a woman against her will.

 

וכ"ת כסף נמי בע"כ באמה העבריה באישות מיהא לא אשכחן:

 

 

And should you argue, money too can work in the case of a Hebrew maidservant, nevertheless, we do not find this in respect to marriage.

 

If one were to push back and say that money does work, for a Jewish girl can be sold into slavery against her will, the answer is that money does not work against her will in the case of marriage.