Kiddushin, Daf Yod Aleph, Part 1

 

Introduction

This week s daf begins to address the dispute between Bet Shammai and Bet Hillel in the Mishnah. According to Bet Shammai a woman cannot be betrothed for less than a dinar. Bet Hillel says a perutah, a lesser sum.

 

בכסף ב"ש אומרים בדינר וכו’ :

מאי טעמייהו דב"ש אמר רבי זירא שכן אשה מקפדת על עצמה ואין מתקדשת בפחות מדינר

 

By money: Beth Shammai says: by a dinar etc.

What is Beth Shammai’s reasoning? R. Zera said: Because a woman is particular about herself and will not [permit herself to] become betrothed with less than a dinar.

 

According to R. Zera, Bet Shammai requires a dinar for betrothal because they assume that a woman would not allow herself to be betrothed for a lesser amount.

 

אמר ליה אביי אלא מעתה כגון בנתיה דר’ ינאי דקפדן אנפשייהו ולא מקדשי בפחות מתרקבא דדינרי הכי נמי דאי פשטה ידה וקבלה חד זוזא מאחר הכי נמי דלא הוו קדושין

 

Abaye objected to him: If so, then R. Yannai’s daughters, who are particular about themselves and will not become betrothed with less than a tarkava of denarii, if she stretches out her hand and accepts a zuz from a stranger [as kiddushin], so too the kiddushin would be invalid?

 

Abaye objects. If the issue is that we assume that a woman will not agree to be betrothed for less than a dinar, then what about rich women, such as the daughters of R. Yannai. We might assume that they would not agree to be betrothed for less than a heap (a tarkav is a measure of weight) of dinars. And then, if such a woman did accept a dinar as kiddushin, we would have to say that she is not betrothed due to our assumption. But this seems a strange, and incorrect thing to say. Would Bet Shammai really say such a thing?

א"ל פשטה ידה וקבלה לא קאמינא כי קאמינא דקדשה בליליא אי נמי דשויה שליח

 

He replied: I was not talking about a case where she stretches out her hand and accepts. I was referring to a case where he betroths her at night, or if she appoints an agent.

 

R. Zera responds that in his opinion, Bet Shammai requires a dinar only if the woman does not knowingly accept the betrothal. For instance, he betroths her at night and she does not see the coin he gives her. Or he betroths her through an agent. However, if she wants to accept less than a dinar, she does have a right to do so.

Note that while this lowers the amount of kiddushin, it gives the woman greater agency. She can get betrothed, even according to Bet Shammai, for whatever amount she wants, as long as we are sure she agrees to it.

רב יוסף אמר טעמייהו דבית שמאי כדרב יהודה אמר רב אסי דאמר רב יהודה אמר רב אסי כל כסף האמור בתורה כסף צורי ושל דבריהם כסף מדינה :

 

R. Joseph said: Beth Shammai s reason is in accordance with what Rav Judah said in the name of R. Assi: Wherever money is mentioned in the Torah it refers to Tyrian coinage; but if it is a case of rabbinic law, it refers to provincial coinage.

 

R. Joseph gives a different reason for Bet Shammai. A dinar is a silver coin of Tyrian coinage (from Tyre, no relation to Tyrion, the diminutive Game of Thrones hero). Such coinage was considered to be the standard coinage in the Roman Empire, at least according to rabbinic thinking. [Reality was a bit more complicated, but there is some truth to there being a standard coinage and local coins]. Since the money for betrothal is mentioned in the Torah, it must be in Tyrian coinage. Local coinage can be used for obligations not found in the Torah. The Talmud will continue to explore this statement below.