Kiddushin, Daf Nun Aleph, Part 6

 

Introduction

The Talmud continues to discuss betrothal that cannot be followed by intercourse.

 

ת"ש שנים שקדשו שתי אחיות זה אינו יודע איזו קידש וזה אינו יודע איזו קידש זה נותן שני גטין וזה נותן שני גטין

 

Come and hear: If two [non-brothers] betroth two sisters, and this one does not know whom he betrothed and this one does not know whom he betrothed, this one gives two gittin and this one gives two gittin.

 

Each husband cannot have relations with either woman because she might be the sister of the one he betrothed. So if kiddushin that cannot be followed by betrothal is not kiddushin, then why is either woman betrothed? This is a difficulty against Rava.

 

ה"נ שהוכרו ולבסוף נתערבו דיקא נמי דקתני אינו יודע ולא קתני אין ידוע שמע מינה

 

Here too it means that they were [originally] known but [only] subsequently mixed up.

This may be deduced too, for it is taught, neither knows, not, it is not known: learn from this.

 

Again, the Talmud resolves the difficulty by saying that at the point of kiddushin each man and each woman knew who was betrothing whom. The kiddushin were valid at that point. Then they were mixed up.

 

אי הכי מאי למימרא סיפא איצטריכא ליה מת ולזה אח ולזה אח זה חולץ לשתיהן וזה חולץ לשתיהן

לזה אחד ולזה שנים האחד חולץ לשתיהן והשנים אחד חולץ ואחד מיבם אם קדמו וכנסו אין מוציאין אותן מידם דוקא מיחלץ והדר יבומי אבל יבומי והדר מיחלץ לא דקא פגע ביבמה לשוק

 

If so, what is this saying?

The second clause is necessary: If they died and this one has a brother and this one has a brother, this brother performs halitzah for both widows and this brother performs halitzah for both widows.

If one has one brother and the other has two brothers, one brother performs halitzah for both widows and [as regards] the two, one performs halitzah and the other may perform yibbum.

If they both preempted and married they do not take [the women] away from them.

Specifically he must perform halizah and then yibbum, but not yibum and then halizah, because he may encounter a yevamah getting married to a member of the public.

 

As with yesterday s section, the Talmud asks why we need this mishnah. The answer is that it is there to teach the continuation of the same mishnah (Yevamot 2:7). The following is my commentary from Mishnah Yomit:

If Reuven and George (non-brothers) die, and each has only one brother (Shimon and Bill), Shimon must perform halitzah with both women and Bill must perform halitzah with both women. Neither can have yibbum with either woman because each woman might be the sister of the woman with whom he is truly liable to have yibbum, the z kukah (because we don t know who betrothed whom).

If Reuven has two brothers, Shimon and Levi and George still only has Bill as a brother, Bill must have halitzah with both Rachel and Leah. With regard to Shimon and Levi, one brother must have halitzah with both women but the other brother can have yibbum. This rule was explained in the above mishnah quoted in the previous section. The second brother can have yibbum with either women because if she was truly the woman who Reuven betrothed, then yibbum is proper. If Reuven betrothed the other sister, then the sister with whom this brother now has yibbum is no longer the sister of his z kukah, because this other sister has already received halitzah from his other brother.

If both brothers preemptivelymarry both sisters, they are not forced to have a divorce. Certainly the second marriage is okay, and even the first marriage was only problematic in the beginning, before the second sister had yibbum. Even though the woman whom he married may have once been the sister of his z kukah, after she has had yibbum the other sister is no longer a z kukah.

With regard to the last example, the Talmud emphasizes that one brother must first performe halitzah and then the other can perform yibbum. But if one brother performs yibbum first he may be marrying someone else s yevamah, and until someone performs halitzah with her, she may not be remarried.

 

ת"ש דתני טביומי לזה חמשה בנים ולזה חמשה בנות ואמר אחת מבנותיך מקודשת לאחד מבני כל אחת ואחת צריכה חמשה גיטין

מת אחד מהם כל אחת ואחת צריכה ארבעה גיטין וחליצה מאחד מהן וכ"ת ה"נ כשהוכרו ולבסוף נתערבו הא אחת מבנותיך לאחד מבני קתני תיובתא דרבא תיובתא והילכתא כוותיה דאביי ביע"ל קג"ם

 

Come and hear: For Tavyumi taught: If the one has five sons and this one five daughters, and he says; Let one of your daughters be betrothed to one of my sons, each requires five gittin. If one dies, each requires four divorces and halitzah from one of them!

And should you answer, here too it means that they were [originally] known and only subsequently mixed up but it is taught: One of your daughters to one of my sons!

This refutation of Rava is indeed a refutation. The agrees with Abaye in Y’AL KGM.

 

The Tavyumi source clearly holds that kiddushin that cannot be followed by betrothal are kiddushin. Rava s statement is refuted and the halakhah follows Abaye. The Talmud ends by noting that the halakhah follows Abaye in six cases which can be remembered by the acronym, Y Al KGM. The K stands for kiddushin that cannot be followed by betrothal.