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Kiddushin 13b

קידושין י״ג ע״ב

Learn Kiddushin 13b step by step: Aramaic beside English, every question, answer and proof colour-coded.

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Topic

Whether a debt creates a lien (שיעבוד) by Torah law, and the source that a husband's death frees his wife to remarry

Overview

The amud opens by finishing an earlier point: the word 'פרצו' in הושע, written without 'and', shows that each sin brings punishment on its own. Next comes a משנה: if a woman brought her חטאת after childbirth and died, her heirs bring her עולה. שמואל says this applies only if she set the animal aside while alive, so a lien (שיעבוד) is not from the Torah. רבי יוחנן says the heirs bring it even if she never set it aside, so a lien is from the Torah. The גמרא asks why they argue again, since they already disagreed about a loan made without a document (מלוה על פה). It answers that both cases are needed, and רב פפא rules that such a loan is collected from heirs but not from buyers. The גמרא then asks how we know a husband's death frees his wife to remarry. Logic, the יבמה, and the widow forbidden to a כהן גדול are each tried and pushed aside, and so is the פסוק 'another man take her'. רב אשי settles it: a יבם is never called 'another', and the Torah links death to divorce, so death frees her completely. The amud ends by asking for the source that a יבמה is acquired through ביאה, and the פסוק is quoted on the next amud.

Opening lines

מִי כְּתִיב ״וּפָרָצוּ״?

Is it written 'and they break out'?

״פָּרָצוּ״ כְּתִיב.

'They break out' is written.

הֲדוּר יָתְבִי וְקָאָמְרִי:

They again sat and said:

הָא דִּתְנַן:

That which we learned in a משנה:

The steps (23)

  1. ResolutionEach sin is punished separately
  2. StatementThe משנה about a woman who died before bringing her עולה
  3. Statementשמואל limits the משנה; a lien is not from the Torah
  4. Statementרבי יוחנן disagrees; a lien is from the Torah
  5. ChallengeThey already argued about this: רב and שמואל on a loan without a document
  6. Proofרבי יוחנן and ריש לקיש: a loan without a document can be collected
  7. ResolutionBoth disputes are needed
  8. ConclusionThe final ruling on oral loans
  9. QuestionA divorce document has a clear source in the Torah
  10. QuestionWhat is the source that the husband's death frees her?
  11. ResponseLogic: the one who forbade her is gone
  12. ChallengeChallenge from relatives who stay forbidden
  13. ResolutionNew source: the childless widow
  14. RejectionMaybe a widow with children is forbidden to everyone
  15. ResolutionNew source: the widow and the כהן גדול
  16. RejectionMaybe she is still forbidden to everyone, just more lightly
  17. ResolutionNo middle ground: either fully free or still married
  18. RejectionMaybe death only lowers her prohibition, like blemished sacrificial animals
  19. ResolutionA new source: 'Lest he die in battle and another man take her'
  20. RejectionMaybe 'another man' means only the יבם
  21. Resolutionרב אשי: two answers prove death fully frees her
  22. StatementQuoting the next line of the משנה about the יבמה
  23. QuestionAsking for the source that intercourse acquires a יבמה