Kiddushin, Daf Yod, Part 2

 

Introduction

In today s section Abaye tries to answer the question of whether intercourse causes betrothal or marriage.

 

מאי אמר אביי ת"ש האב זכאי בבתו בקדושיה בכסף בשטר ובביאה וזכאי במציאתה ובמעשה ידיה ובהפרת נדריה ומקבל את גיטה ואינו אוכל פירות בחייה נישאת יתר עליו הבעל שאוכל פירות בחייה

קתני ביאה וקתני נישאת

 

What is the ruling?

Abaye said: Come and hear: 1A father has authority over his daughter in her betrothal [whether it was effected] by money, document or intercourse. He is entitled to anything she finds, to her handiwork and to annul her vows. He receives her get but he has no usufruct [from her property] during her lifetime. When she marries, the husband surpasses him [in his rights] in that he has usufruct during her lifetime.

Now, intercourse is taught, and yet he also teaches: If she was married!

 

Abaye brings proof from a mishnah in the fourth chapter of Ketubot that even if kiddushin is done through intercourse, there are still two stages of marriage. First she is betrothed, and then the husband has certain rights (and responsibilities). Then she is married and he gains more rights and responsibilities. This intercourse creates betrothal, not marriage.

 

כי קתני נישאת אשארא

 

When it taught When she marries it was taught in reference to the other [rights].

 

The Talmud rejects the proof. There are two stages if she is betrothed by either money or deed. But if she is betrothed through intercourse then she might be immediately considered a married woman.