Beraisa (R. Yosi bei R. Yehuda): If a man sold his daughter to one man and accepted betrothal from another, he has tricked the master (and she is married to the second. This ruling follows R. YB''Y's opinion earlier in 18- 1) (g) 1. that a master gives the money for the designation only at the end, it is possible for another man to betroth her in the meanwhile - see 2. below)

Chachamim: He has not tricked the master (and the master may perform yiud later if he wishes).

It is as if he said, "Behold you are betrothed to me after 30 days''. (This comparison is made to support the ruling of R. YB''Y - in our case of sale, it is also as if he had said that she should be designated in yiud after 30 days; therefore, another man could betroth her in the meanwhile.)

Explaining R.Yosi: But if he said "Behold, you are betrothed to me after 30 days, and another man betrothed her within that time, is she not betrothed to the second one after the 30 days?

Chachamim: (Since the original money makes the kidushin) it is as if he specified "from now''.

Explanation: If he said, "Behold, you are betrothed to me from now in 30 days''; if someone else betrothed her during those days, would she not be (doubtfully) betrothed to both of them?! Here also (yiud) she is betrothed (retroactively) from the time that her father sold her to her master, as soon as her master will later wish to perform yiud.

All agree that if the father accepted betrothal from another man, he has tricked the master (and she is betrothed to the other man).

Beraisa (R. Meir): The pasuk states (Shemos 21, 7), "(If a man shall sell his daughter) as a maidservant'' - only as a maidservant. We learn from here that her father can sell her on condition that the master does not perform yiud with her.

Chachamim: The condition is not binding as it contradicts the Torah.

Question: Does R. Meir not agree with this principal?

Answer: He does agree, but since it will not be an active transgression to fulfill the condition and refrain from yiud, the condition is valid.

Question: Surely the Chachamim agree with this?

Proof of question (Beraisa): A person may marry and stipulate that she has no claim against him of she'er, ksus and onah...? (The 3 basic needs that the Torah requires a man to give to his wife - food, clothing and marital relations.)

Food and clothing are understandable (as they are monetary claims), but what about marital relations?

Answer (R. Chiya bar Ada): The Beraisa is referring to marrying a girl (who will not suffer if denied relations - and his stipulation was to refrain from relations only during the time that she was still a girl).

Question: How do the Chachamim use the word "as a maidservant''?

Answer: If she was a widow and he sold her to a Kohen Gadol or if she was a divorcee or a chalutzah and he sold her to a regular Kohen.

Question: How could the tana of the Beraisa learn these cases from the word "as a maidservant'' - after she had already been married once, her father no longer controls her to be able to sell her?!

Answer (R. Yosi bei R. Bun): The case is when she was widowed during Eirusin (before Nisuin, so she was still in her father's control).

Question (Beraisa): A person may sell his daughter into marriage and again a second time (if she became widowed or divorced during Eirusin); or sell her into servitude and again a second time (if she left after 6 years, at Yovel or upon the death of her master); or sell her into marriage after servitude; but not into servitude after marriage...?

Answer (R. Yochanan): It is a dispute amongst the tanaim - the tana who taught the case of a sale of a widow to a Kohen Gadol learns that one may sell into servitude after marriage.

The tana who did not teach the case of a sale of a widow to a Kohen Gadol learns that one may not sell into servitude after marriage.

Question: What does that tana learn from the word "as a maidservant''?

Answer (R. Matanya): When she was sold to her brother-in-law (who was married to her sister) - therefore, she can only serve as a maidservant but cannot become designated to him.

Beraisa (R. Shimon ben Yochai): Just as he cannot sell her into servitude after marriage, so too he cannot sell her into servitude after servitude.

Question: What is R. SB''Y's source?

Answer: The pasuk states (Shemos 21, 8), "...as he had betrayed her'' - he can betray her once but not twice.

Question: How do the Rabbanan learn this source of R. SB''Y?

Answer: Once the master has "spread his cloak (beged) over her (i.e. designated her), her father no longer controls her (to sell into servitude - i.e. her father cannot sell her into servitude after marriage).