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