Kiddushin 79b
קידושין ע״ט ע״ב
Learn Kiddushin 79b step by step: Aramaic beside English, every question, answer and proof colour-coded.
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Topic
Who must bring proof when a person who gave away all his property says he was a שכיב מרע (deathly ill) and the receivers say he was healthy, and whether this מחלוקת between רבי יעקב and רבי נתן lines up with the מחלוקת of רב and שמואל about a girl who became a בוגרת during the day.
Overview
The amud opens with a ברייתא about a man who gave away all his property and later says he was a שכיב מרע, while the receivers say he was healthy. רבי יעקב says the giver gets the property back unless the receivers prove he was healthy. רבי נתן says it depends on how the man is now. The גמרא asks whether רב and שמואל, who argue about a girl who became a בוגרת, simply follow these two תנאים. Each אמורא shows his view can fit both תנאים. Two ברייתות about a girl betrothed by her father and by herself also turn out to agree, depending on whether she denies her father's power. But שמואל's anger at רב יוסף shows that רב and שמואל really disagree, and the final הלכה follows רב. A new משנה then teaches when a man returning from overseas must prove the lineage of his wife and children. The גמרא adds that children need no proof only when they cling to the mother, and only when there is one wife. A statement of רֵישׁ לָקִישׁ begins at the end of the amud and continues on the next one.
Opening lines
מִי מוֹצִיא מִיַּד מִי?
Who takes out from the hand of whom?
הוּא מוֹצִיא מִיָּדָם בְּלֹא רְאָיָה,
He takes it out of their hands without proof,
וְהֵן אֵין מוֹצִיאִים מִיָּדוֹ בְּלֹא רְאָיָה,
and they cannot take it out of his hands without proof,
דִּבְרֵי רַבִּי יַעֲקֹב.
these are the words of Rabbi Yaakov.
The steps (17)
- QuestionWho can take the property from whom?
- Responseרבי יעקב and רבי נתן disagree about who must bring proof
- QuestionDoes רב follow רבי נתן and שמואל follow רבי יעקב?
- Rejectionרב: my view works even according to רבי יעקב
- Rejectionשמואל: my view works even according to רבי נתן
- QuestionAre רב and שמואל just repeating an argument of two ברייתות?
- RejectionBoth ברייתות can follow שמואל
- QuestionMaybe רב and שמואל don't argue either
- Challengeשמואל's anger shows they really disagree
- ResolutionMaybe רב יוסף's case was one where she denied
- StatementTwo later rulings on the רב–שמואל dispute
- ConclusionFinal ruling follows רב
- Statementמשנה: Man returns with the wife he left with
- Statementמשנה: Man says he married overseas
- StatementChildren need no proof only when they cling to her
- StatementMarried overseas: prove the wife and the adult children, not the young ones
- StatementThe rule applies only to one wife; with two wives, everything needs proof