Kiddushin 50b

קידושין נ׳ ע״ב

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Topic

Gifts and a כתובה as signs of קידושין, and simultaneous קידושין of two sisters

Overview

The amud opens with the end of a משנה. If a man's first קידושין failed, because he gave less than a פרוטה or because he was a קטן, gifts he sends later do not make her מקודשת. The גמרא explains why each case had to be listed. רב הונא and רבה rule that in general we worry gifts were sent as קידושין. The גמרא gives two versions of how our משנה fits with that rule, and רב פפא settles it: it depends on whether the local custom is to send gifts before or after קידושין. The same pattern is applied to a כתובה seen in public, and רב אשי ties that case to local custom too. A new משנה then teaches that קידושין to a woman and her sister (or her daughter) in one act works for neither of them. רבא explains this with רבה's rule: what cannot take effect one after the other cannot take effect at the same time. אביי begins a challenge to that rule, which continues on the next amud.

Opening lines

The steps (26)

1. StatementLater gifts do not create betrothal after a failed first betrothal
2. StatementWhy the less-than-a-פרוטה case is needed
3. ConclusionWhy the minor's case is also needed
4. Statementרב הונא and רבה: we worry about gifts
5. Challengeרבה's challenge from our משנה
6. Resolutionאביי: the משנה gives its own reason
7. ProofSecond version: רבה proves his rule from the משנה
8. Rejectionאביי rejects the proof: the משנה teaches 'not only, but even'
9. QuestionSo what is the final ruling?
10. Responseרב פפא: it depends on the local custom
11. ChallengeIsn't the first case obvious?
12. ResolutionNeeded for a place with a majority and a minority custom
13. QuestionDoes a marriage contract seen in public show she is married?
14. Responseרבא: a marriage contract alone is not enough
15. QuestionWhat is the final law about the marriage contract?
16. Responseרב אשי: it depends on local custom
17. ChallengeIsn't the first case obvious?
18. ResolutionNeeded where a scribe is rare
19. Statementמשנה: betrothing two close relatives at once fails
20. StatementThe story of five women and a basket of figs
21. QuestionWhat is the source for this rule?
22. Responseרמי בר חמא learns it from the word "rivals"
23. Challengeרבא challenges from the punishment of כרת
24. Resolutionרבא's answer: the פסוק is about one after the other, and the simultaneous case follows רבה's rule
25. StatementLooking at רבה's rule on its own
26. Challengeאביי begins a challenge to רבה