Kiddushin 46b

קידושין מ״ו ע״ב

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Topic

רב and שמואל on money given to betroth one's sister, and רבינא's challenge from חלה separated from flour.

Overview

The amud opens with a rule from the earlier discussion: when קידושין does not take effect, the money normally goes back. Then רב and שמואל argue about a man who gives קידושין money to his own sister. Both agree he knows it cannot work. רב says he meant it as a פקדון, so it is returned, and שמואל says he meant it as a gift, so she keeps it. רבינא challenges שמואל from a משנה: חלה separated from flour is not חלה and must be returned to the owner, so why isn't it a gift? The גמרא answers that the flour is returned for a practical reason: someone might think the dough was already fixed and come to eat טבל. It defends this answer by explaining that people know the rule but misunderstand its reason, and that people only listen to a second separation when there are two separate containers. Then it shows that the bitter cucumber case is different, because there the תרומה is real by Torah law, as רבי אלעאי learns from a פסוק. The amud ends as רבא begins a new statement, which continues on the next amud.

Opening lines

The steps (23)

1. ConclusionMoney from a failed betrothal is normally returned
2. StatementBetrothing one's sister: רב and שמואל disagree
3. Statementרב's reason: he meant it as a deposit
4. ChallengeThen why not just call it a deposit?
5. ResolutionShe would have refused a deposit
6. Statementשמואל's reason: he meant it as a gift
7. ChallengeThen why not just call it a gift?
8. ResolutionA plain gift would embarrass her
9. Challengeרבינא's challenge from חלה separated from flour
10. ResolutionThe חלה case is different because it can lead to eating טבל
11. ChallengeBut everyone knows flour cannot be חלה
12. ResolutionHe knows the rule but not the reason
13. ChallengeWhy not treat it as תרומה, like the pot case?
14. ResolutionTwo pots versus one batch
15. ResolutionA second answer: the owner might eat his dough untithed
16. ChallengeBut the owner knows flour cannot be חלה
17. ResolutionHe knows the rule but not its reason
18. ChallengeLet it count as תרומה and separate again
19. ResolutionTwo pots yes, one batch no
20. ChallengeThe bitter cucumber case shows people do listen
21. ResolutionThe cucumber is real Torah-level תרומה
22. ProofProof that bad produce given for good produce is real תרומה
23. Statementרבא begins a new statement