Kiddushin, Daf Samekh Heh, Part 3

 

Introduction

The mishnah describes cases where the man claims he married a woman or she claims he married her but the other party denies it. The amoraim discuss whether the court forces the man to divorce the woman in such cases.

 

איתמר רב אמר כופין ושמואל אמר מבקשין

אהייא אילימא ארישא לאו כופין איכא ולא מבקשין איכא

אלא אסיפא

בשלמא מבקשין לחיי אלא כופין אמאי אמר לא ניחא לי דאיתסר בקריבה

 

It was stated: Rav said: We force [him to divorce her];

Shmuel said: We request. To what [does this refer]? If we say: To the first clause: there is neither compulsion nor request?

But if it refers to the second clause: as for requesting, that is well; but we compel why? He can protest, I do not want to be forbidden to her relations!

 

It does not make any sense to say that their dispute refers to the case where the husband said I betrothed this woman and she denies it. She is free to marry his relatives his words have no impact on her. So why force or even ask him to divorce her?

And if it refers to the case where she said, You betrothed me and he denied it, it makes sense to ask him to divorce her. This would allow her to marry someone else. But how can we force him to divorce her when this will cause him to be prohibited from marrying her relatives. After all, he denies that he ever betrothed her!

 

אלא שמעתתא אהדדי איתמר אמר שמואל מבקשין ממנו ליתן גט אמר רב אם נתן גט מעצמו כופין אותו ליתן כתובה

 

Rather these sayings were stated in reference to each other. Shmuel said: He is asked to give her a divorce; Rav said: If he gives a divorce of his own accord, then we force him to pay the ketubah.

 

The Talmud now explains that there was no dispute. Rather, these halakhot go in tandem. First of all, the court asks him to divorce her, but they cannot compel him. But if he divorces her of his own accord, without being asked, then we can assume that he did betroth her and therefore the court forces him to pay the ketubah.

 

איתמר נמי אמר רב אחא בר אדא אמר רב ואמרי לה אמר רב אחא בר אדא אמר רב המנונא אמר רב כופין ומבקשין תרתי ה"ק מבקשין ממנו ליתן גט ואם נתן מעצמו כופין אותו ליתן כתובה

 

It was stated likewise: R. Aha b. Adda said in the name of Rav and others say R. Aha b. Adda said in the name of R. Hamnuna in the name of Rav: We force and request. Both?

Rather this is what he said: We ask him to give a get; but if he gives a get of his own accord, we force him to pay the kethubah.

 

This statement, at least how it is read after it is emended, supports the Talmud s earlier explanation of the relationship between the statements of Rav and Shmuel.