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Kesubos 73b

כתובות ע״ג ע״ב

Ketubot 73b

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Topic

The מחלוקת of רב and שמואל about a condition made at קידושין but not repeated at נישואין, and רבה's limits on that argument, tested by אביי's challenges.

Overview

The גמרא continues the מחלוקת between רב and שמואל about a man who made קידושין on condition that she has no נדרים and then married her without repeating the condition. It pushes away a proof against שמואל, and then reads the משנה so that it actually supports him. It then asks why, in a plain case with no condition at all, she loses her כתובה but still needs a גט. רבה and רב חסדא answer that the גט is only rabbinic. רבא answers that the תנא is in doubt, so he is lenient on money and strict on איסור. רבה then limits the argument of רב and שמואל. After אביי challenges him, רבה's statement is reworded: they argue only about one woman married twice, like two women, but in a plain one-woman mistake everyone agrees no גט is needed. אביי attacks this with a ברייתא about קידושין with less than a פרוטה and a ברייתא about 'on condition that my father agrees,' and the גמרא answers both. Finally אביי brings a ברייתא about a young girl who was divorced and taken back, and the challenge from it continues on the next amud.

Opening lines

לָא, קִידְּשָׁה סְתָם,

No, he betrothed her without specification,

וּכְנָסָהּ סְתָם.

and married her without specification.

אֲבָל, קִידְּשָׁה עַל תְּנַאי וּכְנָסָהּ סְתָם —

But if he betrothed her with a condition and married her without specification,

הָכִי נָמֵי דְּלָא בָּעֲיָא גִּיטָּא?

is it indeed so that she does not need a bill of divorce?

The steps (20)

  1. RejectionThe proof is pushed away: no condition at either stage
  2. ChallengeThen the משנה should have taught the bigger חידוש
  3. ResolutionReading the משנה so it does teach that case
  4. ChallengeIf he can say 'I don't want a vower,' why does she need a גט?
  5. ResolutionThe גט is only required by the Rabbis
  6. ResolutionThe תנא is unsure, so he is lenient on money and strict on איסור
  7. Statementרבה limits the argument of רב and שמואל to two women
  8. Challengeאביי: the משנה is about one woman
  9. Resolutionרבה's statement is reworded: one woman that is like two women
  10. Challengeאביי quotes a ברייתא about mistaken קידושין
  11. ChallengeThe ברייתא seems to be a one-woman mistake about vows
  12. ResolutionThe mistake is קידושין with less than a פרוטה
  13. ChallengeBut less than a פרוטה is listed separately
  14. ResolutionThe second phrase explains the first
  15. QuestionWhat is the argument about?
  16. ResponseDoes a person know less than a פרוטה doesn't work?
  17. ChallengeChallenge from the condition 'on condition that my father agrees'
  18. ResolutionThey argue about what 'my father agrees' means
  19. ChallengeNew challenge: the young girl who was divorced and taken back
  20. ChallengeWhen the second marriage becomes a full marriage