Kiddushin, Daf Yod Het, Part 5

 

Introduction

Today s section discusses an institution referred to in Exodus 21:8-9, If she proves to be displeasing to her master, who designated her for himself, he must let her be redeemed; he shall not have the right to sell her to outsiders, since he broke faith with her.

And if he designated her for his son, he shall deal with her as is the practice with free maidens. The rabbis read designate as a formal arrangement and in this sugya ask whether designation creates marriage or betrothal?

 

בעי רבה בר אבוה יעוד נישואין עושה או אירוסין עושה נפקא מינה ליורשה וליטמא לה ולהפר נדריה מאי

 

Rabbah b. Abbuhah asked: Does designation effect marriage or betrothal? The practical difference is in respect of inheriting her property, defiling himself on her account, and annulling her vows. What is the law?

 

The sugya lists three different ramifications between being betrothed and being married: A husband inherits his married wife, not his betrothed one. If he is a priest, he must defile himself to bury his married wife, but not his betrothed wife. And he alone may annul the vows of his married wife, but not his betrothed one.

 

תא שמע בבגדו בה כיון שפירש טליתו עליה שוב אינו רשאי למוכרה זבוני הוא דלא מזבין לה הא יעודי מייעד לה ואי אמרת נישואין עושה כיון דנישאת שוב אין לאביה רשות בה אלא לאו שמע מינה אירוסין עושה

 

Come and hear: Since he broke faith with her [be-bivgdo bah] (Exodus 21:8): once he spread his cloak over her, he can no longer sell her. He may not sell her, but he may designate her. But if you say, it effects marriage, once she was married, her father has no more authority over her. Learn from this that it effects marriage.

 

The rabbis read the words bevigdo bah as referring to the master designating her for himself. Once the master has married her, her father may not sell her to anyone else. But he may, by inference, designate her for another man if the master dies or divorces her. In other words, he can marry her off again. However, in general a father cannot give her daughter away in marriage once she has already been married. Therefore, this must mean that when the master designated her to become a wife for himself, he caused her to be betrothed, not married.

 

אמר רב נחמן בר יצחק הכא בקידושין דעלמא קאי וה"ק כיון שמסרה אביה למי שנתחייב בשארה כסותה ועונתה שוב אין יכול למוכרה

 

R. Nahman b. Yitzchak said: The reference here is to betrothal in general, and this is what it means: Once her father delivers her to one who becomes responsible for her food, clothing and conjugal rights, he may no longer sell her.

 

R. Nahman b. Yitzchak interprets the verse such that it does not refer to the father selling her daughter, but rather regular betrothal. Once a father betroths his daughter, he may no longer sell her. This leaves us without any answer as to whether designation effects betrothal or marriage.