Kiddushin 45a
קידושין מ״ה ע״א
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Topic
A minor betrothed without her father: the widow sold as a maidservant, the girl who falls to יבום, and a betrothal over a cup of wine
Overview
The גמרא finishes quoting a ברייתא that lets a father sell his young daughter as a maidservant even to a כהן she may not marry, such as an אלמנה to a כהן גדול. It asks how such a girl could be a widow and still be sold, and suggests this proves that a minor's self-betrothal counts, against עולא. רב עמרם answers that she became a widow through קידושי יעוד, following רבי יוסי ברבי יהודה. Next comes רב's ruling about a minor betrothed without her father whose husband died, leaving her for יבום. If the brother did מאמר, she needs a גט, חליצה, and מיאון, each covering a different doubt about which betrothal her father agreed to. If he did not do מאמר, she needs only חליצה. מיאון is not needed then, because everyone knows a חלוצה's sister is forbidden only מדרבנן, as ריש לקיש teaches. Finally, a story of two men betrothing their children over a cup of wine leads to a ruling by רבינא that continues on the next amud.
Opening lines
וְשָׁוִין שֶׁמּוֹכְרָהּ
And they agree that he may sell her
אַלְמָנָה לְכֹהֵן גָּדוֹל,
as a widow to a High Priest,
גְּרוּשָׁה וַחֲלוּצָה לְכֹהֵן הֶדְיוֹט.
as a divorcée or a חלוצה to a regular priest.
הַאי אַלְמָנָה הֵיכִי דָמֵי?
This widow, what is the case?
The steps (14)
- StatementThe end of the ברייתא: she may be sold even to a forbidden כהן
- QuestionWhat kind of widow is this?
- ChallengeSo it must be a girl who betrothed herself
- ResolutionThe case is a betrothal of יעוד
- Statementרב: she refuses his מאמר but not his זיקה
- StatementHow so? After מאמר she needs three things
- ResponseWhy a גט and why חליצה
- ResponseWhy she also needs מיאון
- StatementWithout the brother's betrothal, only release from levirate marriage is needed
- QuestionShould refusal be required here too?
- ResponseEveryone knows the חלוצה's sister is only rabbinically forbidden
- Proofריש לקיש's source: divorcée's sister is Torah-forbidden, חלוצה's sister is rabbinic
- StatementA betrothal made over a cup of wine
- Statementרבינא begins his ruling on the wine-cup case