Friday, October 17, 2008

Rif Kiddushin 5b {9b; 19b}


{Kiddushin 9b}

It was stated {by Amoraim}: If he wrote it {the shtar for betrothal} lishmah but without her consent --
Rava and Ravina said: She is betrothed.
Rav Pappa and Rav Sharavia said: She is not betrothed.
And the halacha is like Rav Pappa and Rav Sharavia, from the fact that they object to Rava and Ravina from this which is taught {in the Mishna} "we only write shtar for betrothal with both of their consent." And even though they establish this as referring to documents of commitment.

(* And like Rav Gidel. For Rav Gidel cited Rav: "How much are you giving for your son?" "Such and such. How much are you giving to your daughter?" "Such and such." These are matters which are acquired with speech. *)

{Even so,} this is just a weak push off {shinuya}, and we do not rely upon it. [For Rav Ashi, who was] later {batra}, so establishes it in perek hanosei et haIsha {102b} as referring to actual shtar of betrothal, like Rav Pappa and Rav Sharavia. That is to say that the halacha is like them.

(* We learn later on in the gemara {Kiddushin 19b}:
The Sages learnt {in a brayta}: How so the precept of yiud {which is the marriage of the Hebrew maidservant to the owner or his son}? He says to her before two {witnesses}, "behold you are meyuedet to me"; "behold you are betrothed to me"; "behold you are dedicated to me" -- even at the end of the six {th year}, and even close to the setting of the sun, and he conducts himself to her in the manner of marriage and does not conduct with her the manner of servitude. Rabbi Yossi beRabbi Yehuda says: If there is enough time in the day such that he could have her perform the value of a perutah of work {and now he does not}, she is betrothed.

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