Kiddushin 65a

קידושין ס״ה ע״א

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Topic

Claims and denials of קידושין: whose words bind whom, and whether קידושין with one witness counts

Overview

The amud opens by finishing the case of a father who said he betrothed 'my elder daughter' to a man but does not know which daughter he meant. The גמרא explains why רבי מאיר does not permit a middle daughter of the second group: in that case there are only two daughters there. It then answers a challenge from the case of פסח, showing that the argument there is only about the meaning of the words 'עד פני הפסח'. A new משנה follows. When a man and a woman disagree about whether there was קידושין, each one is bound only by his or her own claim. The גמרא explains why each case of the משנה is needed and learns that a mother is not believed about her daughter's קידושין. It then works out what the בית דין does when she claims קידושין and he denies it: it asks him to give a גט, and if he gives one on his own, it forces him to pay the כתובה. Finally, שמואל rules that קידושין in front of one witness does not count, even if both sides admit it. רבא challenges this ruling from two משניות, and the גמרא answers each challenge by explaining that משנה's case differently. The second answer continues on the next amud.

Opening lines

The steps (34)

1. ChallengeThe middle daughter of the second group should be permitted
2. ResolutionThe second group has only two daughters
3. ProofSupport: otherwise the משנה would have mentioned her
4. RejectionBut the middle daughter of the first group is not mentioned either
5. RejectionThe first group's middle daughter is already covered
6. ConclusionHere, a middle daughter would have needed mention
7. ChallengeA challenge from the case of Passover
8. ResolutionThe Passover argument is about how people talk
9. StatementNew משנה: he says there was betrothal and she says there wasn't
10. StatementHe says he betrothed the mother, she says he betrothed her daughter
11. StatementHe claims the daughter, she claims herself
12. StatementWhy the man's case alone would not be enough
13. ConclusionHer confident claim still does not bind him
14. QuestionWhy is the mother-and-daughter case needed
15. ResponseA mother is not believed about her daughter
16. QuestionWhy do we need the last case too?
17. ResponseIt is listed only to complete the set
18. Statementרב says we force, שמואל says we ask
19. QuestionWhich case are they arguing about?
20. ResponseThey argue about the second case
21. ChallengeHow can רב force him?
22. ResolutionReworking the מחלוקת: גט and כתובה
23. ProofAnother report of רב: 'We force and we ask'
24. ChallengeHow can he both force and ask?
25. ResolutionAsk for the גט, force payment of the כתובה
26. Statementקידושין with one witness does not count
27. QuestionWhat if both of them admit it?
28. Responseרב יהודה is unsure
29. Statementשמואל: not even if both admit
30. Challengeרבא challenges from the משנה
31. ResolutionTwo witnesses who went overseas
32. ChallengeChallenge from the divorced couple at the inn
33. RejectionThe end of the same משנה shows it is not about one witness
34. ResolutionThe case: witnesses to seclusion, but none to relations