Kiddushin 79a
קידושין ע״ט ע״א
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Topic
Competing קידושין by a שליח and the principal, and the dispute between רב and שמואל on whether a girl's present בגרות reaches back in time.
Overview
The amud finishes the משנה about a father, or a woman, who sent a שליח to arrange קידושין and then made קידושין personally. Whichever קידושין came first counts. If nobody knows which came first, both men give a גט. The גמרא explains why both cases are needed: a father knows lineage, and a woman is careful about whom she marries. Next, רב and שמואל argue about a father who betrothed his daughter on the road while she betrothed herself in the city, when she is now a בוגרת. The גמרא sets the case on the exact day her six months of נערות ended. רב says her present status reaches back to the morning, while שמואל says she may have become a בוגרת only now. The גמרא challenges שמואל from a lacking מקוה and from a barrel of wine found turned to vinegar. Each time it answers that those cases have two weaknesses against the old status, while hers has only one. Finally, the גמרא suggests that the dispute matches an argument between תנאים, and that source continues on the next amud.
Opening lines
– שְׁנֵיהֶם נוֹתְנִים גֵּט.
both give a divorce document.
וְאִם רָצוּ –
And if they wish,
אֶחָד נוֹתֵן גֵּט, וְאֶחָד כּוֹנֵס.
one gives a divorce document, and the other marries her.
וְכֵן הָאִשָּׁה
And similarly, a woman
The steps (29)
- StatementWhen it is unknown whose betrothal came first, both give a divorce
- StatementThe same rule for a woman who appointed an agent and then betrothed herself
- StatementWhy the woman's case is needed: a man knows lineage
- ConclusionWhy the father's case is needed: a woman is careful about her match
- Statementרב and שמואל disagree about a father's and daughter's competing betrothals
- ChallengeWhen did this happen? It can't be during the six months, according to רב
- ChallengeIt can't be after the six months, according to שמואל
- ResolutionThe case is on the exact day the six months end
- ChallengeChallenge to שמואל from a מקוה found lacking
- ResolutionThe מקוה case is different because the item was impure before
- ChallengeOn the contrary, keep the מקוה in its old full status
- ResolutionThe lacking מקוה is right in front of us
- ChallengeBut here too a בוגרת is in front of us
- ResolutionShe may have become a בוגרת only now
- ChallengeThe מקוה could also have become lacking only now
- ResolutionTwo weaknesses there, only one here
- ChallengeHow is שמואל different from the barrel case?
- ChallengeContradiction between the barrel and the מקוה
- Resolutionרב חנינא: the barrel ruling follows רבי שמעון
- Proofברייתא proving רבי שמעון treats the מקוה as a doubt
- ChallengeAccording to the רבנן, the wine is טבל going back
- ResolutionThe barrel is different: טבל keeps its חזקה
- ChallengeThe wine also has a status of its own
- ResolutionThe wine is vinegar right in front of you
- ChallengeThe woman is also a בוגרת right now
- ResolutionMaybe she only became a בוגרת now
- ChallengeThen maybe the wine only soured now
- ResolutionTwo weaknesses against one
- QuestionMaybe this is a dispute between תנאים