Kiddushin 47b
קידושין מ״ז ע״ב
Learn Kiddushin 47b step by step: Aramaic beside English, every question, answer and proof colour-coded.
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Topic
Betrothing with a loan (מקדש במלוה): defending רב, the status of unspent loan money, and transferring a שטר חוב for קידושין
Overview
Just before this amud, the גמרא challenged רב, who holds that קידושין with a loan does not work, from a ברייתא about betrothing with a deposit or a loan. רבא answers that the ברייתא's wording is faulty. He proves this by asking what kind of deposit it means, and he corrects it to say that a loan never works for קידושין. Next the גמרא asks what רבי שמעון בן אלעזר's view, 'a loan is like a deposit,' is really about. רבה rejects the idea that the argument covers responsibility for accidents, since a borrower is surely liable for them. He concludes that the תנאים argue only about whether a lender can take back unspent loan money. The גמרא then shows that רב הונא's rule about a borrowed ax fits everyone, because a borrowed object comes back as itself. Finally, the גמרא asks whether רב's rule is a dispute between רבי מאיר and חכמים about קידושין with a שטר חוב. It rejects this by explaining that their argument is about transferring someone else's debt. It gives explanations based on רבי, then רב פפא, and begins a third based on שמואל, which continues on the next amud.
Opening lines
הֲרֵי הִיא כְּפִקָּדוֹן.
is like a deposit.
עַד כָּאן לָא פְּלִיגִי
They disagree only
אֶלָּא דְּמָר סָבַר: מִלְוָה,
about this: one Sage holds a loan works
אַף עַל גַּב דְּלֹא נִשְׁתַּיֵּיר הֵימֶנָּה שָׁוֶה פְּרוּטָה,
even though a פרוטה's worth of it does not remain,
The steps (17)
- ChallengeEveryone in the ברייתא seems to agree a loan works
- Rejectionרבא says the ברייתא's wording is broken
- ChallengeProving the ברייתא's wording cannot be right
- ResolutionThe corrected wording: a loan does not work
- QuestionWhat is the disagreement about a loan really about?
- ResponseThe scholars in רב's study hall: they disagree about taking the loan back and about accidents
- RejectionEveryone agrees the borrower is responsible for accidents
- ResolutionThe real disagreement is only about taking the loan back
- ChallengeDoes רב הונא's rule about a borrowed ax depend on this disagreement?
- ResolutionA borrowed ax is different from a loan of money
- ChallengeIs the rule about קידושין with a loan a dispute of תנאים?
- ProofThe שטר חוב must be her own debt
- RejectionBoth cases are about others' debts
- ResponseThe written-debt case depends on רבי and חכמים
- ResponseOne side follows רבי and the other does not
- ResponseSecond explanation: the argument is about רב פפא's rule
- ResponseThird explanation begins: the argument is about שמואל's rule