Kiddushin, Daf Mem Heh, Part 5

 

Introduction

Now today s story strikes me as being very realistic. They could make a movie out of this one!

 

ההוא דאמר לקריבאי והיא אמרה לקריבה כפתיה עד דאמר לה תיהוי לקריבה

אדאכלי ושתי אתא קריביה באיגרא וקדשה

 

A certain man said, [Our daughter must be married] to my relative; whereas she [his wife] said, To my relative. She pressured him until he told her that she could be [married] to her relative. While they were eating and drinking, his relative went up to the roof and betrothed her.

 

Oy, the drama!

 

אמר אביי כתיב (צפניה ג, יג) שארית ישראל לא יעשו עולה ולא ידברו כזב

רבא אמר חזקה אין אדם טורח בסעודה ומפסידה

 

Abaye said: It is written: The remnant of Israel shall not do iniquity, nor speak lies (Zephaniah 3:13).

Rava said: It is a presumption that one does not bother to prepare a banquet and then destroy it.

 

Both Abaye and Rava rule that the girl is not married to the father s relative, for the father in the end told his wife she would be married to her relative. Abaye says that Jewish people should not be assumed as doing such a treacherous thing throwing a party to marry the girl off to one man, but at the same time allowing her to marry another. Rava says that if the man wanted to marry her off to his relative, why would he have made the party?

 

מאי בינייהו איכא בינייהו דלא טרח

 

What case would they disagree about? They would disagree in the case where he did not trouble.

 

If the father did not bother making a festive meal, Rava might assume that he did consent to the betrothal, whereas Abaye would still say that we do not assume the Jews will act this way.

 

נתקדשה לדעת אביה והלך אביה למדינת הים ועמדה ונישאת

אמר רב אוכלת בתרומה עד שיבא אביה וימחה

רב אסי אמר אינה אוכלת שמא יבוא אביה וימחה ונמצאת זרה אוכלת בתרומה למפרע

 

If she [a minor] became betrothed with her father’s consent, and her father then went overseas, and she arose and married:

Rava said: She may eat terumah until her father comes and protests [against the marriage].

R. Assi said: She may not eat, lest her father return and protest, and so a non-priest will retrospectively be found to have eaten terumah.

 

In this case we do not know if the father wanted her to go overhead with the marriage because he was overseas. Eating terumah is the sine qua non sign that one is married, because eating terumah for someone not from a priestly family is strictly prohibited.

Rav says she may eat terumah, and if her father returns and protests, then she will have to stop.

R. Assi is concerned lest her father protest, and therefore he says she may not eat terumah.

 

הוה עובדא וחש לה רב להא דרב אסי אמר רב שמואל בר רב יצחק ומודה רב שאם מתה אינו יורשה אוקי ממונא בחזקת מריה

 

Such a case occurred, and Rav was concerned about R. Asi’s opinion.

R. Shmuel b. Yitzchak said: Yet Rav admits that if she dies he [her husband] does not inherit from her, [because] we place the money in the hands of its [previous] possessor.

 

Such a case actually occurred and despite his ruling, he was concerned about R. Assi s opinion and did not allow her to eat terumah.

Finally, when it comes to inheritance, Rav says we follow a different principle give the money to the last person we know owned it. In this case, that would be her father, for had she died before marriage, her father would have inherited her.