Kiddushin - Daf 11
- First explanation of Beis Shammai: אשה מקפדת על עצמה ואין מתקדשת בפחות מדינר
This Daf primarily discusses reasons for Beis Shammai’s ruling that kiddushin with money requires a dinar. Rebbe Zeira offers the first explanation: אשה מקפדת על עצמה – A woman is particular regarding herself, ואין מתקדשת בפחות מדינר – and does not agree to become married for less than a dinar. Abaye challenged him that if so, then Rebbe Yannai’s daughters, who are even more particular and would not ordinarily accept kiddushin of less than three kav of gold dinars, would not become married if one would accept a dinar!? Rebbe Zeira responded: פשטה ידה וקבלה לא קאמינא – I was not speaking about a case where she stretched out her hand and accepted less. In such a circumstance, Beis Shammai would agree that kiddushin would take effect for even less than a dinar. He was discussing where the woman did not see the money given to her (because she accepted it at night, or appointed a shaliach to accept kiddushin for her), in which case Beis Shammai assumes that a woman does not consent to kiddushin for less than a dinar.
- Second explanation: כל כסף האמור בתורה כסף צורי ושל דבריהם כסף מדינה
Rav Yosef explains Beis Shammai’s ruling based on the statement of Rav Assi: כל כסף האמור בתורה כסף צורי – Any “כסף” mentioned in the Torah refers to Tyrian currency, ושל דבריהם כסף מדינה – and any “כסף” mentioned by the Rabbis refers to provincial currency. Tyrian currency was made from pure silver and did not have a perutah (which is from copper). Since the Torah required a silver coin for kiddushin (by indicating “כסף”), it is understood that a coin of significant value is required, which Beis Shammai interprets to be a dinar. The Gemara asks that since Beis Hillel holds a perutah is sufficient for kiddushin, it emerges that Rav Assi’s statement accords with Beis Shammai!? Therefore, Rav Assi’s statement is emended to read: כל כסף קצוב האמור בתורה – Any set amount of כסף mentioned in the Torah (such as five selaim for פדיון הבן) refers to Tyrian currency. For kiddushin, which does not have a defined amount, a perutah is sufficient. The Ritva comments that Beis Shammai holds that all כסף, even without a defined amount, refers to Tyrian currency, and kiddushin therefore requires a dinar, as explained above.
- Third explanation: the minimum purchase price of an אמה עבריה
Reish Lakish explains that Beis Shammai’s ruling is based on the law of אמה עבריה – a Jewish maidservant. Chizkiyah taught that when the pasuk says: "והפדה" – and he shall cause her to become redeemed (implying the master participates in the redemption), מלמד שמגרעת מפדיונה ויוצאה – it teaches that she deducts the time served from the total price of redemption and goes free by paying the remainder. Now, if she would be purchased for a perutah, partial redemption would be impossible, because a fraction of a perutah is not considered monetary value. The sale of a maidservant cannot be valid unless it includes the possibility of partial redemption (this is derived from the law of yiud, which allows for the master to marry her. Although he is not required to marry her, it must be possible. Therefore, a maidservant cannot be sold to a relative whom she cannot marry). Since the Torah disqualified a perutah from being used to purchase a maidservant, the Rabbis established it at a dinar, a significant denomination. Beis Shammai derives the minimum amount for kiddushin from the minimum amount for the sale of a maidservant. Finally, Rava gives a fourth reason on the next Daf: שלא יהו בנות ישראל כהפקר – it is a Rabbinic enactment, so that the daughters of Yisroel should not viewed as public property, i.e., cheaply acquired.
