1)

WHEN IS THERE INTENT TO MAKE KIDUSHIN THROUGH BI'AH?

(a)

Answer: Here also, they argue about something else;

1.

The first Tana holds that a man knows that Kidushin of a minor is not mid'Oraisa. He has Bi'ah (after maturity) with intent for Kidushin;

2.

R. Eliezer holds that a man thinks that Kidushin of a minor is mid'Oraisa. He has Bi'ah assuming that she is already his wife, without intent to make Kidushin.

(b)

(Rav Acha bar Yakov): If one makes Kidushin on condition and has Bi'ah, all agree that a Get is not required. (This is like Rabah.)

(c)

Question (Rav Acha brei d'Rav Ika - Beraisa): A mistaken Chalitzah is valid.

1.

Question: What is a mistaken Chalitzah?

2.

Answer #1 (Reish Lakish): They tell the Yavam 'do Chalitzah, and you will be permitted to do Yibum.'

3.

Objection (R. Yochanan - Beraisa): Whether he intended for Chalitzah (to forbid her to the Yevamim and permit her to strangers) but she didn't, or she intended but he didn't, the Chalitzah is invalid, unless both have intention.

4.

Answer #2 (R. Yochanan): They tell the Yavam 'do Chalitzah on condition that she will give you 200 Zuz.'

5.

Summation of question: This shows that since he does the act of Chalitzah, he pardons the condition. Here also, since he has Bi'ah, he pardons his stipulation!

(d)

Answer (Rav Acha bar Yakov): All stipulations are learned from the stipulation with the tribes of Gad and Reuven (they were given Ever ha'Yarden on condition that they help conquer Eretz Yisrael);

1.

A stipulation is binding only if the act (that is contingent on it) can be fulfilled through a Shali'ach. (Chalitzah cannot be done by a Shali'ach. Therefore the stipulation is void, not because he pardoned it.)

(e)

Question: Bi'ah cannot be performed by a Shali'ach, yet one can put a condition on Kidushei Bi'ah!

(f)

Answer: That is because a verse teaches that all actions that make Kidushin have the same law (and Kidushin through money or a document can be done through a Shali'ach).

2)

WHEN DOES BI'AH NECESSITATE A GET?

(a)

(Ula): If one was Mekadesh with a loan and had Bi'ah, or was Mekadesh on condition and had Bi'ah, or was Mekadesh with less than a Perutah and had Bi'ah, all agree that she needs a Get.

(b)

(Rav Yosef bar Aba): If one was Mekadesh with less than a Perutah and had Bi'ah, all agree that she needs a Get;

1.

In this case, a person does not err (and intends for Kidushin, since he knows that the first Kidushin was invalid). In Ula's other cases a person errs, and a Get is not needed.

(c)

(Rav Kahana): If a man was Mekadesh on condition and had Bi'ah, she needs a Get;

1.

A case occurred, and Chachamim could not permit her without a Get.

(d)

This is unlike the following Tana:

1.

(Rav Yehudah citing R. Yishmael): If "she was not grabbed" she is forbidden. Had she been grabbed, she would be permitted;

2.

There is another case in which she is permitted even if she was not grabbed, i.e. mistaken Kidushin. Even if her son is on her shoulder, she may do Mi'un and leave him.

74b----------------------------------------74b

3)

IF THE VOW WAS PERMITTED

(a)

(Beraisa #1): If a woman (became Mekudeshes on condition that she has no vows or Mumim, and she had a vow and) went to a Chacham and he permitted her vow, she is Mekudeshes. If she (had a Mum and) went to a doctor and he removed her Mum, she is not Mekudeshes.

(b)

Question: What is the difference between these?

(c)

Answer: A Chacham uproots the vow retroactively. A doctor's cure is not retroactive.

(d)

Contradiction (Beraisa #2): If she went to a Chacham and he permitted her vow, or to a doctor and he removed the Mum, she is not Mekudeshes.

(e)

Answer #1 (Rabah): Beraisa #1 is like R. Meir. Beraisa #2 is like R. Elazar;

1.

R. Meir holds that a man does not mind if his wife is shamed by going to Beis Din. R. Elazar holds that he minds (and he did not want Kidushin in such a case).

(f)

Question: What is the source for this?

(g)

Answer (Mishnah): If a man divorced his wife due to a vow she made, or because of her bad reputation, he may not remarry her;

1.

R. Yehudah says, if many knew about the vow, he may not remarry her. (She is fined for taking a vow that cannot be annulled.) If not, he may remarry her;

2.

R. Meir says, if the vow can be annulled only by a Chacham (i.e. her husband cannot annul it), he may not remarry her. If the husband can annul it, he may remarry her;

3.

R. Elazar says, we forbade him to remarry her in the case when a Chacham is needed only due to the case when a Chacham is not needed. (This answer is explained on the coming Daf.)

OTHER D.A.F. RESOURCES
ON THIS DAF