Kiddushin - Daf 9
- A שטר of kiddushin is written by the husband, in contrast to a document of sale
A Baraisa teaches how kiddushin is performed with a שטר: כתב לו על הנייר או על החרס – If he wrote for the girl’s father] on a paper, or on a pottery shard, אף על פי שאין בו שוה פרוטה – even though it is not worth a perutah, בתך מקודשת לי – “Your daughter is married to me,” or another declaration of kiddushin, it is effective. Rebbe Zeira bar Mamal asked that this document is not like a document of sale: התם מוכר כותב לו שדי מכורה לך – for there, the seller writes, “My field is hereby sold to you,” הכא בעל כותב בתך מקודשת לי – yet here, it is the husband (the one acquiring) who writes, “Your daughter is married to me”!? Rava initially answers that regarding sales, the passuk writes "ומכר מאחוזתו" – and he shall sell of his heritage, describing the sale as performed by the seller, whereas with kiddushin, the Torah writes "כי יקח איש" – when a man shall take etc., describing it as performed by the husband. When this answer is challenged, he instead answers: הלכתא נינהו ואסמכינהו רבנן אקראי – they are halachah leMoshe miSinai, and the Rabbis supported them with pesukim. Alternatively, he quotes a passuk: "ואקח את ספר המקנה" – And I took the bill of sale, demonstrating that the seller gives the document to the buyer.
- שטר of kiddushin written שלא לשמה, or שלא מדעתה
Rebbe Shimon ben Lakish asked: שטר אירוסין שכתבו שלא לשמה מהו – A shtar of kiddushin, written not for her sake, what is its status? Should it be compared to a get, which requires לשמה, or to kiddushin of money, which does not need to be created לשמה? He concluded that the hekesh between kiddushin and divorce dictates that we compare the two documents, and it must be written לשמה.
Another case is discussed: כתבו לשמה ושלא מדעתה – He wrote it לשמה, but without her knowledge. Rava and Ravina say kiddushin with such a שטר is valid, and Rav Pappa and Rav Sheravia say it is not. Rav Pappa explains that both opinions are based on the hekesh between gittin and kiddushin. The first opinion holds: מה יציאה לשמה ושלא מדעתה – just as [a get] is valid if written לשמה, albeit without her knowledge, אף הוייה נמי לשמה ושלא מדעתה – so too, a שטר of [kiddushin] is valid if written לשמה and without her knowledge. The second opinion holds: מה יציאה בעינן דעת מקנה – just as [a get] requires the knowledge of the giver (i.e., the divorcing husband), אף הוייה בעינן דעת מקנה – so too, a שטר of [kiddushin] requires the knowledge of the giver (i.e., the woman).
- בביאה מנלן
The Gemara asks for the source that relations can effect kiddushin. Rebbe Abahu quoted Rebbe Yochanan as darshening a passuk: "בעולת בעל" – a woman who had relations with a man, מלמד שנעשה לה בעל על ידי בעילה – this teaches that he becomes her husband through relations. He was challenged: כעורה זו ששנה רבי – Is it ugly to you [this derashah] which Rebbe taught: "ובעלה" – and he shall have relations with her, מלמד שנקנית בביאה – this teaches that she is acquired with relations!? Rebbe Abahu answered that this passuk is insufficient, for one might think that kiddushin is not effective עד דמקדש והדר בעיל – until he is mekadesh with money, and then has relations (since the passuk says כי "יקח" איש אשה "ובעלה"), but neither effects kiddushin on its own. The first passuk makes clear that relations alone effect kiddushin.
