KIDUSHIN 45 (24 Cheshvan) - dedicated by Dr. Moshe and Rivkie Snow in memory of Rivkie's father, the Manostrishtcher Rebbe, Hagaon Rav Yitzchak Yoel ben Harav Gedaliah Aharon Rabinowitz Ztz"l, Rav of Kehilas Nachalas Yehoshua in Canarsie, NY. A personification of the Torah scholar of old, the Ukranian-born Rebbe lived most of his life in the United States where his warm ways changed many lives.

1)

A GIRL WHO WAS MEKADESH HERSELF

(a)

Question (Rav Hamnuna - Beraisa): A man cannot sell his daughter (to be a slave) to relatives;

1.

R. Eliezer says, he can;

2.

All agree that he can sell her even if she is a widow to a Kohen Gadol, or a divorcee or Chalutzah to a regular Kohen.

3.

Question: In the case of a widow, who was Mekadesh her to her first husband?

i.

It cannot be her father, for one cannot sell his daughter after he was Mekadesh her!

4.

Answer: Rather, she was Mekadesh herself, and she is considered a widow!

(b)

Answer (Rav Amram): She became Mekudeshes through Yi'ud, according to Rebbi Yosi b'Rebbi Yehudah, who says that the money given to buy an Amah is not considered Kidushin money (so it is as if her father was not Mekadesh her).

(c)

(Rav Huna): (If a minor was Mekadesh herself to Reuven without her father's knowledge, and Reuven died,) she may do Mi'un to uproot a Ma'amar, but she cannot do Mi'un to uproot the (Kidushin and the) fall to Yibum.

(d)

If a Yavam gave her a Ma'amar, she needs a Get, Chalitzah, and Mi'un.

1.

She needs a Get, lest her father consented to (the Ma'amar, i.e. Kidushin) of the Yavam;

2.

She needs Chalitzah, lest her father consented to the Kidushin to Reuven, but not with the Ma'amar;

3.

She needs Mi'un, lest the father was not pleased with either (but people will think that she was Mekudeshes to the Yavam, and if he tries to be Mekadesh her sister, nothing happens. We require Mi'un, so people will see that something is amiss, and will ask Chachamim).

(e)

If no Ma'amar was given, she only needs Chalitzah.

(f)

Suggestion: She should need Mi'un, lest people think that the Yavam cannot Mekadesh her sister!

(g)

Rejection: Everyone knows that the Isur to marry the sister of one's Chalutzah is only mid'Rabanan (and mid'Oraisa, she can be Mekudeshes to the Yavam).

1.

(Reish Lakish): A Mishnah teaches that the Torah forbids marrying the sister of an ex-wife. Mid'Rabanan, one may not marry the sister of one's Chalutzah.

2)

CONSENT OF THE FATHER

(a)

Reuven and Shimon were drinking beer. Reuven gave a cup to Shimon and said 'be Mekadesh your daughter to my son.'

(b)

(Ravina): Even Rav and Shmuel, who are concerned lest a man consented to his daughter's Kidushin, are not concerned lest a man consented to his father's Kidushin.

45b----------------------------------------45b

1.

Rabanan: Perhaps the son made his father a Shali'ach!

2.

Ravina: He would not be so brazen to do so.

3.

Question: Perhaps the son told the father that he wanted to be Mekadesh her!

4.

Answer (Rabah bar Simi): Really, Rav and Shmuel would be concerned. Ravina explicitly said that he does not hold like Rav and Shmuel.

(c)

A man was Mekadesh a minor in the market with a bundle of vegetables.

(d)

(Ravina): Even Rav and Shmuel are concerned only when the Kidushin was done honorably, but not when it was done disgracefully.

(e)

Question (Rav Acha of Difti): Was the disgrace that he was Mekadesh in the market, or that he gave her vegetables?

1.

This will determine the law if he was Mekadesh with money in the market, or with vegetables in a house.

(f)

Answer (Ravina): Each of these by itself is a disgrace.

(g)

A man was arguing with his wife if they would Mekadesh their daughter to his relative or to hers. After pressure, he consented that she marry his wife's relative. During the meal (to celebrate the Kidushin to her relative), his relative was Mekadesh her in another room.

(h)

(Abaye): "Yisre'elim will not do unjustly or speak falsely" (surely, the father does not consent).

(i)

(Rava): A man does not make a banquet for naught (if he would consent, the meal was for nothing).

1.

If he did not exert himself to make the meal, Rava would be concerned lest he agreed, but Abaye would not.

3)

WHEN THE FATHER IS AWAY

(a)

A man agreed to his daughter's Kidushin (to a Kohen), and went abroad. She had Nisu'in.

(b)

(Rav): She may eat Terumah. If the father returns and protests, she must stop eating.

(c)

(Rav Asi): She may not eat Terumah, lest the father return and protest, for then retroactively, she was forbidden to eat!

1.

A case occurred, and Rav was concerned for Rav Asi's opinion, and was stringent.

(d)

(Rav Shmuel bar Rav Yitzchak): Rav admits that if she dies before the father returns, her husband does not inherit her. We leave the money in its Chazakah (her father inherits her, perhaps the Nisu'in was invalid).

(e)

A man agreed to his daughter's Kidushin (to a Kohen). She had Nisu'in without consulting her father, who was around.

(f)

(Rav Huna): She may not eat Terumah.

(g)

(R. Yirmiyah bar Aba): She may eat Terumah.

1.

Rav Huna holds that even Rav would admit that she may not eat. Since the father was here, his silence shows that he is angry and does protests the Nisu'in.

2.

R. Yirmiyah holds that even Rav Asi would admit that she may eat. The father's silence shows that he accepts the Nisu'in.

(h)

A girl became Mekudeshes and had Nisu'in without consulting her father.

(i)

(Rav Huna): She may eat Terumah.

(j)

(R. Yirmiyah bar Aba): She may not eat Terumah.

(k)

Ula: Seemingly, Rav Huna contradicts himself!

1.

When the father agreed to the Kidushin, she is certainly Mekudeshes mid'Oraisa, yet Rav Huna forbids her to eat. Here, all the more so she may not eat!

2.

R. Yirmiyah's opinion is better.

(l)

(Rava): Rav Huna reason is, since she acted like an orphan in her father's lifetime (did everything herself) and he remained silent, this proves that he does not protest.

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