fbpx

Kiddushin, Daf Samekh Het, Part 5

 

Introduction

In yesterday s section the Talmud used the verse Do not marry them as a proof for the rule that a Jew cannot have kiddushin with a non-Jew. But today s section asks whether that is a sufficient prooftext.

 

ההוא בשבעה גוים כתיב שאר אומות מנלן א"ק כי יסיר את בנך לרבות כל המסירים

 

That [verse] refers to the seven nations! From where do we know it of other nations? The verse says, For he will turn away your son (Deuteronomy 7:4) which includes all who may turn your offspring away.

 

Deuteronomy 7:3 clearly refers to the seven nations that the Israelites are to expel from Canaan (listed in verse 7:1). Kiddushin are invalid with members of those seven nations. But what about members of other nations? The answer is found in the next verse kiddushin are invalid with any non-Jew because they may turn your son away.

[The assumption here seems to be that the problem with intermarriage is not purely genealogical. It is social/educational/religious. Intermarriage will lead to foreign worship.]

 

הניחא לר"ש דדריש טעמא דקרא אלא לרבנן מ"ט א"ק (דברים כא, יג) ואחר כן תבוא אליה ובעלתה וגו’ מכלל דמעיקרא לא תפסי בה קידושין

That goes well according to R. Shimon, who interprets the reason of Scripture.

But according to the Rabbis, what is the reason?

The verse says, And after that you may go in to her, and be her husband (Deuteronomy 21:13), from which it follows that before that kiddushin with her is invalid.

 

There is a debate in the Talmud over whether one searches for the reason behind mitzvoth. According to R. Shimon, one does. The prohibition of intermarriage is lest the non-Jewish partner turn the offspring to idol worship. Thus it applies to any non-Jew, not just the seven nations.

But the other rabbis do not interpret the reasons of Scripture. And therefore the verse Do not marry them applies only to the seven nations.

They, instead, find another verse to derive the rule that kiddushin with non-Jews is invalid. According to rabbinic interpretation, the Torah allows one to marry a captive woman only after she has converted. From here they derive that kiddushin with her before she converts is invalid.