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Kiddushin 59a

קידושין נ״ט ע״א

Learn Kiddushin 59a step by step: Aramaic beside English, every question, answer and proof colour-coded.

Open Kiddushin 59a in Gemara Clarity

Topic

Agents who take a deal for themselves, the rule of עני המהפך בחררה, and whether a woman can back out of a betrothal set to take effect after thirty days.

Overview

The גמרא first explains why our משנה says 'his friend' (חבירו) while an earlier משנה says 'his agent' (שלוחו): each wording teaches the bigger חידוש. Next come two stories. In one, רבין חסידא was sent to betroth a woman for his son and betrothed her himself. In the other, רב was sent to buy land for רבה בר בר חנה and bought it for himself. In each story the גמרא asks how a great man could act with what the ברייתא calls מנהג רמאות. It answers that the sender could never have gotten the deal, and that there was no time to tell him first. Then רבי אבא buys a field רב גידל was negotiating for, and the rule of עני המהפך בחררה, that whoever takes it is called a רשע, leads to the field becoming 'the land of the רבנן.' The גמרא then returns to the משנה about a betrothal that takes effect after thirty days. רב and שמואל rule that it works even if the money was spent. רבי יוחנן and ריש לקיש argue whether the woman can change her mind before then, and they trade challenges from the laws of תרומה, גט and the טומאה of vessels; that last challenge continues on the next amud.

Opening lines

וּמַאי שְׁנָא הָתָם

And what is different there

דְּקָתָנֵי ״הָאוֹמֵר לִשְׁלוּחוֹ״?

that it teaches 'one who says to his agent'?

הָכָא רְבוּתָא קָא מַשְׁמַע לַן,

Here it teaches us a bigger lesson,

וְהָתָם רְבוּתָא קָא מַשְׁמַע לַן.

and there it teaches us a bigger lesson.

The steps (35)

  1. QuestionWhy does the other משנה say 'his agent'?
  2. ResolutionOur משנה says 'his friend' to teach the bigger חידוש
  3. ResolutionThe other משנה says 'his agent' to teach the bigger חידוש
  4. Statementרבין חסידא betroths his son's match for himself
  5. ChallengeBut the ברייתא calls this רמאות
  6. ResolutionThey would not give her to the son
  7. ChallengeHe should have told his son first
  8. ResolutionSomeone else might have taken her in the meantime
  9. Statementרב buys land for himself instead of for רבה בר בר חנה
  10. ChallengeThe ברייתא calls this deceitful
  11. ResolutionThe sellers would only sell to רב
  12. Challengeרב should have told him first
  13. ResolutionSomeone else might have bought it in the meantime
  14. Statementרבי אבא buys the field רב גידל was trying to get
  15. QuestionThe case of the poor man and the loaf
  16. ResponseThe one who takes it is called wicked
  17. ChallengeThen why did you do it?
  18. ResolutionRabbi Abba did not know
  19. ChallengeNow that you know, give it to him
  20. ResolutionNot for sale, but he may take it as a gift
  21. ConclusionNeither rabbi uses the field, and it becomes the land of the Rabbis
  22. QuestionWhat if no one else betrothed her within the thirty days?
  23. ResponseShe is betrothed, even if the money was spent
  24. QuestionWhy does the betrothal work if the money is gone?
  25. ResponseThe coins are neither a loan nor a deposit
  26. ResponseWhy the coins are not like a deposit
  27. ResponseWhy the coins are not like a loan
  28. QuestionCan she change her mind before the thirty days end?
  29. Responseרבי יוחנן: she can change her mind
  30. Responseריש לקיש: she cannot change her mind
  31. Challengeרבי יוחנן challenges from canceling a messenger for תרומה
  32. ResolutionGiving money to a woman counts as an action
  33. Challengeרבי יוחנן challenges from canceling a גט held by a messenger
  34. ResolutionUntil the גט reaches her, it is only words
  35. Challengeריש לקיש challenges from the טומאה of vessels