Kiddushin - Daf 60
- Rebbe Yochanan: אפילו מאה תופסין בה
Abaye says that although Rav was unsure if "מעכשיו ולאחר שלשים" is a stipulation (effective immediately) or a retraction (effective after thirty days), he would agree that if one person says “from now and after thirty days,” then a second says, “from now and after twenty days,” and a third says, “from now and after ten days,” that she is only possibly married to the first or third, but definitely not to the second, since the marriages take effect either at the beginning or end of the respective time periods. Rebbe Yochanan held otherwise and said: אפילו מאה תופסין בה – Even a hundred men could take hold of her with kiddushin of the above formula, and she would require a get from all of them. Rav Mesharshiya son of Rav Ami explained: שוו נפשיה כי שרגא דליבני – they arranged themselves like a stack of bricks, דכל חד וחד רוחא לחבריה שבק – where each one leaves a space for the next (i.e., each brick lays across the two underneath it). Rebbe Yochanan interprets the formula to mean the kiddushin begins immediately, and is completed over the total time period, allowing others’ kiddushin to take hold in the interim.
- Machlokes when kiddushin takes effect if it was given on condition he gives her money
The next Mishnah states that if one says, “Be married to me, על מנת שאתן לך מאתים זוז – on condition I give you two hundred zuz,” הרי זו מקודשת והוא יתן – she is married, and he shall give it to her. Amoraim disagree when it takes effect. Rav Huna says: והוא יתן – and he gives it, meaning she is married immediately, provided he eventually pays. Rav Yehudah says: לכשיתן – She is married when he gives it, but not before. If someone would marry her before the money is given, the second kiddushin would take effect according to Rav Yehudah. They argue similarly concerning a get given on condition she gives him two hunded zuz, and the Gemara explains the need for each case. Two Baraisos prove that such divorce takes effect immediately, and Rav Yehudah answers that they reflect the minority opinion of Rebbe, who holds: כל האומר על מנת – Anyone who says a transaction is “on condition,” כאומר מעכשיו דמי – is like he says it should take effect from now.
- על מנת שיש לו כור עפר
The next Mishnah states that if someone says, “Be married to me על מנת שיש לי בית כור עפר – on condition I have a beis kor of land,” she is married, provided that he has that amount of land. The Gemara wonders that even if he cannot establish that he owns such land, should we consider the possibility that he might, and require a get!? Furthermore, a Baraisa states: חיישינן שמא יש לו – we are concerned that he might have [such land]!? The Gemara answers that our Mishnah only means that it must be proven regarding considering it definite kiddushin, but even if it remains unknown, it is still kiddushin out of doubt. A Mishnah above taught a similar law regarding a condition that he has two hundred zuz, and the Gemara explains that this Mishnah is teaching that although people’s land ownership is generally known, we must still be concerned for his possibly owning a beis kor, even if we are unaware of any.
