Kiddushin - Daf 59
- עני המהפך בחררה
The Gemara relates that Rav Gidel was once negotiating to purchase land, but Rebbe Abba bought it first. Rav Gidel’s complaint about this was told Rebbe Yitzchak Nafcha. When Rebbe Abba came on Yom Tov, Rebbe Yitzchak asked him: עני מהפך בחררה – If a poor person is engaged in trying to acquire a cake, ובא אחר ונטלה הימנו מאי – and another person came and took it first, what is the halachah? Rebbe Abba responded: נקרא רשע – He can be called a wicked person for seizing his fellow’s opportunity. Rebbe Yitzchak then confronted him for doing the same, and Rebbe Abba said he had not been aware that Rav Gidel was attempting to purchase the land. When Rebbe Yitzchak told him to give it to Rav Gidel, Rebbe Abba said he would not sell it to him, because it is not a good sign to sell one’s first acquisition, but he was willing to give it to Rav Gidel as a gift. Rav Gidel, however, did not wish to take the land for free, because the Torah says: ושונא מתנות יחיה – and he who despises gifts shall live. Neither took possession of the land, and it became known as "ארעא דרבנן" – land of the Rabbinical students, because it was available for anyone who needed it.
- Retracting during the thirty days, אתי דיבור ומבטל דיבור
If one gave kiddushin to take effect after thirty days, and the woman retracted in the interim, Rebbe Yochanan says: חוזרת – she may retract, אתי דיבור ומבטל דיבור – because “words” of retraction can come and negate other mere words, and her agreement to kiddushin to take effect later is merely “words.” Reish Lakish said she cannot retract. Rebbe Yochanan challenged him from a Mishnah teaching that one can retract from having appointed a shaliach to separate his terumah!? Reish Lakish answered that a woman who accepted kiddushin is different, דכי מעשה דמו – because it is similar to an act, and her verbal retraction cannot negate her act. Although one can even void a shaliach who is delivering a get, that is not considered an act until she receives it. In another version, they argued about a woman voiding a shaliach appointed to accept kiddushin for her, and Reish Lakish said she cannot retract. According to this version, Reish Lakish’s position is refuted from the case of voiding a shaliach to deliver a get. The halachah follows Rebbe Yochanan, even of the first version.
- The meaning of “"מעכשיו ולאחר שלשים – Is it a תנאי or חזרה?
The Gemara records a machlokes between Rav and Shmuel, which Rav Yosef clarified was referring to the final case of the Mishnah: One who marries "מעכשיו ולאחר שלשים יום" – from now and after thirty days, and someone else marries her in the interim, מקודשת ואינה מקודשת – she is married and yet not married to both and requires a get from both to remarry. Rav said: מקודשת ואינה מקודשת לעולם – she remains married and not married forever, meaning this state of uncertainty remains forever. Shmuel says that after the thirty days end, פקעי קידושי שני וגמרי קידושי ראשון – the second one’s kiddushin is voided, and the first one’s kiddushin is completed. The Gemara explains that Rav was unsure if the term "מעכשיו ולאחר שלשים" is intended as a תנאה – stipulation (that kiddushin will take effect “from now,” provided he does not retract for thirty days), or a חזרה – retraction from his original statement to marry her “from now,” and marry her instead “after thirty days. If someone else marries her in the interim, we remain uncertain which kiddushin took effect first. Shmuel holds it is definitely a stipulation, so after thirty days pass (without retraction), we know the first kiddushin took effect at the outset. The Gemara notes there is an identical machlokes Tannaim about a get given to take effect "מהיום ולאחר מיתה" – from today and after my death.
