Kiddushin 45b

קידושין מ״ה ע״ב

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Topic

Whether we may assume that a son or a father agreed to a קידושין, and whether a girl who married without her father's consent may eat תרומה

Overview

The amud opens with the end of רבינא's ruling that when a father betroths a woman for his grown son without being asked, we do not assume the son agreed. The חכמים suggest that the son may have made his father his שליח, or may have told his father he wanted her, and both suggestions are rejected. Next, a man betroths a קטנה with a bundle of vegetables in the market. רבינא rules that the worry that her father later agreed does not apply to a degrading קידושין, and he adds that either the vegetables or the market alone counts as degrading. In a second story, a father agrees to the mother's choice of relative, but his own relative betroths the girl from the roof during the meal. אביי and רבא give two reasons why we assume the father did not want that betrothal. The גמרא then turns to a girl who married without her father's consent, and asks whether she may eat תרומה if her husband is a כהן. רב and רב אסי disagree when the father is overseas, and רב הונא and רב ירמיה בר אבא disagree when he is in town and stays silent. The amud ends with עולא attacking רב הונא with a קל וחומר, because his rulings in the two cases seem to contradict each other.

Opening lines

The steps (22)

1. StatementNo assuming the son agreed
2. ChallengeMaybe the son made his father a messenger
3. ResolutionA son would not make his father his messenger
4. ChallengeMaybe the son told his father he wanted her
5. Resolutionרבינא does not hold of רב and שמואל
6. Statementקידושין with vegetables in the market
7. QuestionWhich part was degrading?
8. ResponseEach one is degrading
9. StatementParents argue over which relative; the father's relative steps in
10. Statementאביי: A Jew does not go back on his word
11. Statementרבא: Nobody prepares a meal and then wastes it
12. QuestionWhat is the difference between the two reasons?
13. ResponseThe difference: when the father made no meal
14. Statementרב: A girl who married while her father was away may eat תרומה
15. Statementרב אסי: She may not eat, in case her father protests
16. ConclusionIn a real case, רב followed רב אסי
17. StatementEven רב agrees the husband does not inherit her
18. StatementNew case: the father is in town and stays silent
19. Statementרב הונא's reasoning: the father's silence shows anger
20. Statementרב ירמיה בר אבא's reasoning: the father's silence shows approval
21. StatementHarder case: neither the betrothal nor the marriage had consent
22. Challengeעולא attacks רב הונא with a קל וחומר