Kiddushin, Daf Yod, Part 1

 

Introduction

Today’s section contains two halakhic questions concerning kiddushin performed through intercourse.

 

איבעיא להו תחילת ביאה קונה או סוף ביאה קונה

נפקא מינה כגון שהערה בה ופשטה ידה וקבלה קדושין מאחר אי נמי לכהן גדול דקא קני בתולה בביאה

 

They asked a halakhic question: Does the beginning of intercourse acquire [the woman] or the end of intercourse?

The practical difference is if he performed the first stage of intercourse, and then she stretched out her hand and accepted kiddushin from another man. Alternatively whether a High Priest may acquire a virgin by intercourse. 

 

If betrothal is done through intercourse, then is the betrothal completed as soon as intercourse begins, or when it is completed (by the man)?

The Talmud drums up two ramifications to this question, both seem to be quite unusual. First of all, what happens if while they’re having intercourse, she accepts kiddushin from another man? Dramatic, for sure! Second, can a high priest, who must marry a virgin, betroth her through intercourse? If the beginning of intercourse acquires her, then no problem. But if the end of intercourse acquires her, then no go. She would already be a non-virgin by the time he acquires her. 

 

מאי אמר אמימר משמיה דרבא כל הבועל דעתו על גמר ביאה:

 

What then [is the ruling]?

Amemar said in the name of Rava: All who have intercourse, have their mind on the completion of intercourse.

 

Amemar answers that when men have intercourse (yes, he’s referring to men, not truly “all”), they are intending to “finish” intercourse. Starting intercourse is not really what they want. Therefore, the “acquisition” is not complete until he is finished.

I’m sure you’re noticing how male-focused the Talmud is. It was written by men, after all, over 1500 years ago. I’m not sure men knew very much about female sexual pleasure, and besides that, in this case, to them it would not be relevant, for betrothal is the acquisition of a wife, not a wife’s acquisition of a husband.

 

איבעיא להו ביאה נשואין עושה או אירוסין עושה

נפקא מינה ליורשה וליטמא לה ולהפר נדריה אי אמרת נשואין עושה יורשה ומיטמא לה ומיפר נדריה ואי אמרת אירוסין עושה אינו יורשה ואינו מיטמא לה ואינו מיפר נדריה

 

They asked the question: Does intercourse effect marriage or betrothal? The practical difference is in respect of his inheriting her, defiling himself on her account or annulling her vows. If you say it effects marriage, he [the husband] succeeds her as heir, he must defile himself for her, and he can annul her vows.  

But if you say that it effects only betrothal, he does not inherit her, he may not defile himself on her account, and cannot annul her vows.

 

In normal cases of marriage, a man betroths a woman with money or goods, they wait a while, then when she moves into his home, they have intercourse. Intercourse is what defines marriage. But the Talmud relates to it as a means of betrothal as well. So then, does intercourse effect only betrothal, in which case they would have to have intercourse again in order for marriage to be effected? Or does intercourse effect marriage?

There are three ramifications to this question, three important distinctions between a betrothed woman and a married woman. 1) A man inherits from his married wife, but not his fiancée; 2) If he is a priest, he is allowed to defile himself for her, but only if they are married; 3) If they are married, he alone annuls her vows. But if they are betrothed, either she or her father can annul her vows.

The rest of this daf will deal with this question. So stay tuned!