Kiddushin

And both agree that he may sell her, as a widow, to a High priest, and as divorced or a haluzah, to an ordinary priest. Now, this widow, — what are the circumstances? Shall we say that her father betrothed her? Can he [subsequently] sell her? But a man cannot sell his daughter to servitude after marriage!1 Hence it must surely mean that she betrothed herself, and yet he calls her a widow?2 — R. Amram replied in R. Isaac's name: The reference here is to kiddushin of designation, and it is in accordance with R. Jose son of R. Judah, who maintained: The original money was not given for the purpose of kiddushin.3 It was stated: If he [who betrothed her without her father's knowledge] dies, and she falls before his brother for yibum — R. Huna said in Rab's name: She must perform mi'un on account of his declaration, but requires no mi'un on account of his levirate tie.4 How so? If he [the yabam] makes her a declaration, she requires Get, halizah, and mi'un. She needs a Get, lest her father consented to the kiddushin of the second [the yabam];5 she needs halizah in case her father consented to the first [brother's] kiddushin;6 she needs mi'un, lest her father did not consent to the kiddushin of either the first or the second, and so it be said: Kiddushin with her sister has no validity.7 But if he does not make a declaration to her, she merely requires halizah. For what will you say: let her also require mi'un, lest it be said that kiddushin with her sister is not valid8 — but all know that [marriage with] the sister of a haluzah is [forbidden] by Rabbinical law [only],9 for Resh Lakish said: Here Rabbi taught: The sister of a divorced woman is [forbidden] by Biblical law, whereas the sister of a haluzah, by Rabbinical law.10 Two men were drinking wine under willows11 in Babylonia. [when] one of them took a goblet of wine, gave it to his fellow and said: ‘Let thy daughter be betrothed to my son.’ Said Rabina: Even on the view that we fear that the father may [subsequently] have consented,12 equivalent of kiddushin in the case of a yabam, she needs mi'un in addition to the Get she requires. R. Huna proceeds to explain himself. brother's kiddushin but did consent to the second's, she is betrothed to him, and needs a Get to dissolve the union. second, she needs mi'un, for she is only a haluzah in respect to the second, and his kiddushin with her sister is valid, whereas on account of the divorce it will be said that her sister's kiddushin is not valid. Hence the Talmud states: ‘lest her father did not consent to the kiddushin of the first’ unnecessarily — probably in order to achieve symmetry of style (but v. Tosaf.).