Kiddushin, Daf Mem Aleph, Part 2

Introduction

This section begins a longer discussion on where the rabbis derive the notion that a person can appoint an agent who can perform acts of legal consequence on his/her behalf.

שליחות מנלן דתניא (דברים כד, א) ושלח מלמד שהוא עושה שליח ושלחה מלמד שהיא עושה שליח ושלח ושלחה מלמד שהשליח עושה שליח

From where do we know [the principle of] agency? As it was taught: [Then he shall write her a bill of divorcement . . .] and he shall send [her out of his house] (Deuteronomy 24:1): this teaches that he may appoint an agent; then she shall send : this teaches that she may appoint an agent; then he shall send, then he shall send her : this teaches that the agent can appoint an agent.

The rabbis use the verb send her in the verse concerning divorce to prove that one may appoint an agent. The simple meaning of this verse is that the man sends his wife out of his house. The first level of midrash is based on the choice of verb veshilah. Since this is the same word used for an agent, the midrash takes it as a hint that a man may appoint an agent. The second level of the midrash is based on the heh at the end of the verb. In its literal meaning, the heh means her as in he sends her. But read another way, it could mean she sends which alludes to her ability to appoint an agent. Finally, the word is also used to derive the idea that an agent can appoint another agent. This final halakhah would allow for agents to pass their agency along, rather than travel long distances.

אשכחן בגירושין בקידושין מנלן וכ"ת דיליף מגירושין מה לגירושין שכן ישנן בעל כרחה

Now, we have found [the principle of agency] in divorce: how do we know it in respect to betrothal? And should you say that it is derived from divorce [by analogy]; [I would answer] as for divorce, [agency may be valid] because it can take place against her [the wife’s] consent?

The Talmud now wants to know how we know that agency works not only in divorce, but also in betrothal. This cannot be derived directly from divorce because divorce differs in that a woman can be divorced against her will. She cannot, however, be married against her will.

אמר קרא (דברים כד, ב) ויצאה והיתה מקיש הויה ליציאה מה יציאה משוי שליח אף הויה נמי משוי שליח

Scripture says, Then she shall depart . . . and she shall become [another man’s wife], (Deuteromony 24:2): [the verse] compares marriage to divorce; just as an agent may be appointed for divorce, so may one be appointed for marriage.

The sequence of verbs in the verse about divorce is read as implying that the same means of contracting divorce can be used to contract marriage. Thus just as an agent may be used for divorce, one may be used for marriage.

Note that since the verse implies that marriage and divorce are to be treated the same, this is not considered deriving the rule from divorce, which we stated above cannot be done. Rather, it is a case of simply reading the dictates of the verse.