Kiddushin - Daf 19

• If a minor son can perform יעוד, and the exclusion of אשת קטן

Reish Lakish asked: מהו שמייעד אדם לבנו קטן – Can a man have his son who is a minor do yiud with his אמה? Do we say that the Torah simply says "בנו" – his son may do yiud, implying בנו כל דהו – his son, whatever his age, or בנו דומיא דידיה – his son is eligible when he is like him, i.e., an adult. Rebbe Zeira brought a Baraisa which darshens regarding the death penalty for adultery: "אשת איש" פרט לאשת קטן – “a man’s wife” excludes a minor’s wife from liability. If a minor can perform yiud, then a minor could have a true wife, and her adultery should be liable to death!? The Gemara responds that, on the contrary, this Baraisa proves he can perform yiud (and she is nevertheless exempt), because otherwise, why would a passuk be required to exclude his “wife” from liability? Rav Ashi answers that the Baraisa may be discussing a minor who is a yavam to whom the yevamah is Biblically bound: מהו דתימא כיון דמדאורייתא חזיא ליה וביאתו ביאה – you might say that since she is bound to him, and his relations are legal relations (once he is nine years old), her adultery would be liable, therefore the Torah taught it is not.

• Machlokes if מעות הראשונות לקידושין ניתנו

A Baraisa derives from the Torah’s juxtaposition of yiud and redemption in the passuk "יעדה והפדה": צריך שיהא שהות ביום כדי פדייה – there must be enough time in the day for her to be redeemed with the remaining amount. Based on this, Rebbe Yose bar Rebbe Yehudah said that to perform yiud, there must be time in the final day for a perutah’s worth of work. The Gemara infers that he holds מעות הראשונות לאו לקידושין ניתנו – the original purchase money is not given for kiddushin purposes should he ultimately perform yiud; therefore, he must be mekadesh her based on the remaining work owed him. Rav Nachman bar Yitzchok says that Rebbe Yose may agree that the money was given for kiddushin, but the Torah nonetheless required a potential for redemption to perform yiud. Later, the Gemara quotes Rabbonon who disagree, and say that yiud is possible even at the last moment, because the original purchase money includes kiddushin purposes. Another practical difference emerges if the father accepted kiddushin for his sold daughter before the master performed yiud. According to Rebbe Yose, she is married to the second husband, but according to the Rabbonon, the master can still perform yiud and she will be married to him.

• An אמה sold on condition not to do יעוד

It was taught in a Baraisa: המוכר את בתו ופסק על מנת שלא לייעד – One who sold his daughter, and stipulated the sale as conditional that he not perform yiud, Rebbe Meir holds the condition is effective and the master cannot perform yiud, but the Chachomim say: אם רצה לייעד מייעד – if he wishes to perform yiud, he may, מפני שהתנה על מה שכתוב בתורה – because [the father] has made a condition against what is written in the Torah, which is always void. The Gemara asks that Rebbe Meir himself holds of this rule in a case where one married a woman ע"מ שאין לך עלי שאר כסות ועונה – on condition that you have no claim against me for food, clothing, and relations, where Rebbe Meir said the condition is void!? Chizkiyah answers that here, the Torah added the extra word "לאמה" – for a maidservant, to teach: פעמים שאינו מוכרה אלא לאמה בלבד – there are times that he only sells her as a maidservant, and not as a potential wife through yiud.