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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)

  1. ChallengeEveryone in the ברייתא seems to agree a loan works
  2. Rejectionרבא says the ברייתא's wording is broken
  3. ChallengeProving the ברייתא's wording cannot be right
  4. ResolutionThe corrected wording: a loan does not work
  5. QuestionWhat is the disagreement about a loan really about?
  6. ResponseThe scholars in רב's study hall: they disagree about taking the loan back and about accidents
  7. RejectionEveryone agrees the borrower is responsible for accidents
  8. ResolutionThe real disagreement is only about taking the loan back
  9. ChallengeDoes רב הונא's rule about a borrowed ax depend on this disagreement?
  10. ResolutionA borrowed ax is different from a loan of money
  11. ChallengeIs the rule about קידושין with a loan a dispute of תנאים?
  12. ProofThe שטר חוב must be her own debt
  13. RejectionBoth cases are about others' debts
  14. ResponseThe written-debt case depends on רבי and חכמים
  15. ResponseOne side follows רבי and the other does not
  16. ResponseSecond explanation: the argument is about רב פפא's rule
  17. ResponseThird explanation begins: the argument is about שמואל's rule