Kiddushin, Daf Yod Tet, Part 5

Introduction

Today s sugya contains another baraita with a dispute between R. Yose son of R. Yehudah and the other sages over marriage by designation. This baraita is very similar to the one we learned yesterday.

תניא אידך המוכר את בתו והלך וקידשה לאחר שיחק באדון ומקודשת לשני דברי רבי יוסי ברבי יהודה וחכ"א אם רצה לייעד מייעד משל לאומר לאשה הרי את מקודשת לי לאחר שלשים יום ובא אחר וקידשה בתוך שלשים יום שמקודשת לשני

Another [baraita] taught: If a man sells his daughter and then goes and betroths her to another man, he has mocked the master, and she is betrothed to the second, the words of R. Yose son of R. Yehudah. But the sages say: If he [the master] wishes to designate her, he can do so.

This may be compared to a man who declares to a woman, Behold, you are betrothed to me after thirty days, and another man comes and betroths her within the thirty days she is betrothed to the second.

According to R. Yose son of R. Yehudah, the initial sale is not an act of betrothal, even if the master believes that it will lead to it eventually. Therefore, if the father betroths her to someone else, she is betrothed. While this is a betrayal of the master, it is effective. The sages say that the master can designate her, even if the father tried to betroth her to someone else. They hold that the sale essentially was an act of betrothal.

The baraita draws a parable to a man who betroths a woman after thirty days. If she accepts kiddushin from someone else within those thirty days, she is betrothed to this second person.

משל למאן אילימא לרבנן האמרי רבנן אם רצה לייעד מייעד אלא אמר רב אחא בריה דרבא משל לר’ יוסי בר’ יהודה פשיטא מהו דתימא הא לא אמר לה לאחר שלשים יום קמ"ל

Whom does the parable come to support? If we say the sages, but didn t they say: If he wishes to designate her, he can do so !

Rather R. Aha the son of Rava said: The parable comes to support the view of R. Yose son of R. Yehudah.

But isn t this obvious? What might I have thought? He did not say to her, after thirty days, hence he teaches us that this is so.

In the parable, the master is analogous to the first man and the man to whom the father betrothed her is analogous to the second one. The parable does not work for the opinion of the sages, for they say that the master can designate her even though the father betrothed her to someone else. Thus the betrothal of the second person does not work.

Thus the parable accords with the opinion of R. Yose son of R. Yehudah. He holds that the sale is not akin to betrothal and therefore the father can betroth her to someone else. So too, a man who says behold you are betrothed to me after thirty days has not betrothed her until the thirty days are over.

The parable teaches us that even though when buying the girl the master did not state that his kiddushin would not begin until he designates her, this is still like a case of a man who states behold you are betrothed to me after thirty days. She is not betrothed until the master actually designates her and if someone else betroths her in the meanwhile, she is betrothed.