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Kiddushin 44b

קידושין מ״ד ע״ב

Learn Kiddushin 44b step by step: Aramaic beside English, every question, answer and proof colour-coded.

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Topic

A נערה appointing a שליח for her גט, and a קטנה who accepted קידושין without her father's consent

Overview

According to the רבנן, a נערה whose father is alive can receive her own גט. רבא asks רב נחמן whether she can also appoint a שליח to receive it. The גמרא shows that רבא already holds she is like her father's 'hand' and not his 'courtyard'. So the real question is whether her hand is strong enough to appoint a שליח. רב נחמן says no. A challenge from a משנה is answered by saying that the משנה speaks of a girl with no father, with words filled in. Next comes a new topic: a קטנה who accepted קידושין without her father's consent. שמואל and רב say she needs both a גט and מיאון, because we are unsure whether her father agreed. רב נחמן limits this to a case where a שידוך was arranged. עולא says she does not even need מיאון. רב כהנא challenges עולא and answers his own challenge, and רב המנונא begins another challenge that continues on the next amud.

Opening lines

נַעֲרָה, מַהוּ שֶׁתַּעֲשֶׂה שָׁלִיחַ

A young woman: what is the law, may she appoint an agent

לְקַבֵּל גִּיטָּהּ מִיַּד בַּעְלָהּ?

to receive her bill of divorce from her husband's hand?

כְּיַד אָבִיהָ דָּמְיָא,

Is she like her father's hand,

אוֹ כַּחֲצַר אָבִיהָ דָּמְיָא?

or is she like her father's courtyard?

The steps (25)

  1. QuestionCan a young woman appoint an agent for her divorce?
  2. QuestionSpelling out the two sides of the question
  3. Challengeרבא's own ruling about a slave holding the גט
  4. ChallengeApplying the slave ruling to the young woman
  5. ResolutionThe question is reframed: is her hand strong enough?
  6. Responseרב נחמן: she cannot appoint an agent
  7. ChallengeChallenge from the משנה about a minor girl
  8. ResolutionThe משנה speaks of a girl with no father
  9. ChallengeThe end of the משנה seems to be about a girl who has a father
  10. ResolutionThe משנה is missing words, and here is the full version
  11. Statementשמואל: a קטנה betrothed without her father needs both a גט and מיאון
  12. Challengeקרנא: needing both a גט and מיאון contradicts itself
  13. QuestionThe question is sent to רב with the names switched
  14. Responseרב swears that she needs both a גט and מיאון
  15. QuestionWhy does she need both?
  16. ResponseWe are unsure whether the father agreed, so we cover both sides
  17. StatementThe ruling applies only when a match was arranged
  18. Statementעולא: she does not even need מיאון
  19. QuestionEven if a match was arranged?
  20. ResponseThese two statements come from different reports
  21. StatementAnother version of עולא's ruling
  22. Challengeרב כהנא quotes a משנה about co-wives
  23. ChallengeThe girl in the משנה must have married herself off
  24. Resolutionרב כהנא answers his own challenge: she became like an orphan while her father was alive
  25. Challengeרב המנונא opens a new challenge: selling a daughter to relatives