More Discussions for this daf
1. Comparing Kidushin to Gitin 2. Through a Shtar 3. Three ways
4. Tosfos DH Hacha 5. Kesef 6. Kidushin Against A Woman's Wishes
7. Darko Shel Ish la'Chazor 8. Misas ha'Ba'al 9. Kicha Ikrei Kinyan
10. Use of Derech in Masculine and Feminine Terms 11. Kesef as Kidushin 12. Kicha Ikrei Kinyan
13. Tosfos DH I Nami 14. First Tosfos here and in Kesuvos 15. Tosfos DH I Nami
16. Parallels to Yibum and the 3 Methods 17. Who Owns the Ring 18. Kidushin 002: Tosfos DH b'Perutah
19. Derech-Davar 20. Conjunction of multiple acquisitions 21. Kidushin against a woman's will
22. Comparing the term "ha'Ishah Niknis" to "ha'Ish Mekadesh" 23. Get for Yibum 24. Eirusin
25. ha'Isha Niknes 26. Erusin vs. Nisu'in 27. Hiskadshi Li in Rashi
DAF DISCUSSIONS - KIDUSHIN 2

Marcello Trebitsch asked:

In the begining of the Mesechta the gemorah goes through why we specifically used the word "MEKADISH" and it says the reason is, so we should not think that a woman can be aquired by force. Why would we think that? We never see anyplace in the Torah that you can by something by force that is called stealing?

Thank You

The Kollel replies:

We addressed your question in our Insights to the Daf. Here is a copy of the pertinent information.

Be well,

Dafyomi Advancement Forum

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3) KIDUSHIN AGAINST THE WILL OF THE WOMAN

QUESTION: The Gemara asserts that had the Mishnah said, "ha'Ish Koneh," we might have thought that a man can be Mekadesh a woman against her will. Therefore, the Mishnah says, "ha'Ishah Niknis," in order to teach that a woman can only be betrothed with her consent.

How can the Gemara suggest that it could be possible to be Mekadesh a woman against her will? It is obvious that a woman must consent to become married! Why would we have thought that such a thing is possible?

ANSWER: The RASHBA explains that the Gemara in Bava Basra (47b) says that if a person is forced to sell an item and he agrees under coercion, the sale is valid and binding. This is because we assume that since the seller is receiving something (i.e. money) in return for the item, his consent was probably genuine, despite the fact that it was forced.

The Gemara there (Bava Basra 48b) cites a Machlokes Amora'im regarding whether this applies to Kidushin as well. If a man coerces a woman to accept Kidushin from him, is the Kidushin valid? Mar bar Rav Ashi rules that the Kidushin is not valid. Since the Mekadesh acted improperly, the Rabanan were Mafki'a (removed) the Kidushin.

Our Sugya, explains the Rashba, is following the opinion of Mar bar Rav Ashi and is stating that the Mishnah writes "ha'Ishah Niknis" instead of "ha'Ish Koneh" in order to teach this Halachah, that if a woman consents to Kidushin under duress, the Kidushin is not valid.