The Gemara on 4B says "A yevamah is koneh only via copulation, This Naarah who can be miskadeshes via money lo kol sh'kein"
And Naarah with money from Amah Ivria because the Amah can be purchased with money and not copulation a regular Naarah lo kol shkein?
Rav Ashi says nisht gut; the kinyan of an Amah is not lsheim ishus"
I don't recall where and if it was Yevamos or Kesubos, where the ideal situation, this father who is in desperate need of a cash infusion, when he sells her, that when she finishes six years or shows simanim the Adon Acher should be mekadesh, & if he doesn't want to he should be mekadesh her to his son!
So to alleviate that which is discouraged (selling his daughter) the father is hoping that the koneh will change from Adon to Husband!
If that's the case how is Rav Ashi saying the opposite, almost implying that after 6 years or with simanim she should return to her father because the only purpose was Maaseh Yadeha; ergo no Kal V'chomer?!
Avrahom Kevelson, United States
Hi Avrahom,
Thank you for this interesting question. I will add, that your question is even stronger according to Chachomim (Kidushin 19a) who say that the money given by the Adon to buy the girl, retroactively turn into 'Kesef Kidushin'.
The Rashba asks this question. He answers that still, the money isn't considered just like regular 'Kesef Kidushin'. He proves this from the fact that if the Adon does not marry her, she does not need a divorce by a Get.
We can understand from the Rashba that the reasoning of the Gemara is not because of the reason or the technical facts that this girl might be 'bought' now for Kidushin reasons, but rather we need to look at the money changing hands carefully and decide if we can compare this case to a regular Kidushin case, even if in the end, the money will somehow transfer into Kesef Kidushin.
Kol Tuv,
Aharon Steiner