Kiddushin

SHE IS NOT BETROTHED, BECAUSE THEY WERE SENT ON ACCOUNT OF THE FIRST KIDDUSHIN.1 IT IS LIKEWISE SO IF A MINOR BETROTHS.2 GEMARA. And it is necessary [to state both]. For if we were informed the case of a perutah's worth [for two women], [I might argue,] since money has gone forth from him, he may err [and think the kiddushin valid]. But [with respect to] less than a perutah's worth, I might say that he knows that kiddushin with less than a perutah's worth is invalid, and so when he sends gifts, he sends them as kiddushin.3 And if these two cases were taught, that is because one may not be clear on a perutah's worth and less;4 but when a minor betroths, all know that such betrothal is nothing; hence when he sends gifts, I might reason that he sends them as kiddushin. We are therefore informed otherwise. It was stated: R. Huna said: We pay regard to5 gifts: and Rabbah said likewise: We pay regard to gifts.6 Rabbah said: An objection is raised against our teaching: EVEN IF HE SUBSEQUENTLY SENDS GIFTS, SHE IS NOT BETROTHED! — Abaye answered him: There the reason is as stated: BECAUSE THEY WERE SENT ON ACCOUNT OF THE FIRST KIDDUSHIN. Others state, Rabbah said: Whence do I know it?7 From the reason stated: BECAUSE THEY WERE SENT ON ACCOUNT OF THE FIRST KIDDUSHIN: hence, it is [only] here, because he may err;8 but elsewhere,9 they [the gifts] may be kiddushin. And Abaye?10 — The most remarkable case is taught.11 It is unnecessary to state in general [that gifts are not betrothal], Seeing that he has not entered into the state of kiddushin at all.12 But even here, when he has entered the state of kiddushin,13 I might think that they [the gifts] are kiddushin:14 hence we are informed [that it is not so]. What is our decision on the matter — R. Papa said: In that place where one [first] betroths and then sends gifts, we pay regard thereto;15 but in that place where gifts are [first] sent and then one betroths, we have no fear. ‘[Where] one [first] betroths and then sends gifts’. — But that is obvious! — It is necessary [to state it] only where the majority [first] betroth and then send gifts; but the minority first send gifts and then betroth: I might argue, Let us pay regard to the minority; hence we are informed [otherwise].16 R. Aha son of R. Huna propounded to Raba: What if a deed of settlement became known in the market place?17 — He replied: Simply because a marriage settlement becomes known in the market place we are to assume her a married woman! What is our decision thereon? — Said R. Ashi: ‘Where betrothal is [first] performed and then a kethubah18 is written, we pay regard thereto; but in the place where they first write a kethubah and then betroth. we have no fear. In the place where there is [first] betrothal and then writing’ — but that is obvious! — It is necessary to state it only where scribes are rare: I might have thought that he just chanced to find a scribe:19 hence we are informed [otherwise]. MISHNAH. IF ONE BETROTHS A WOMAN AND HER DAUGHTER OR A WOMAN AND HER SISTER SIMULTANEOUSLY,20 THEY ARE NOT BETROTHED. AND IT ONCE HAPPENED TO FIVE WOMEN, AMONGST WHOM WERE TWO SISTERS, THAT A MAN GATHERED A BASKET OF FIGS, WHICH WAS THEIRS, AND WHICH WAS OF THE SEVENTH YEAR,21 AND DECLARED, BE — HOLD, BE YE ALL BETROTHED UNTO ME WITH THIS BASKET, AND ONE ACCEPTED IT ON BEHALF OF ALL: THE SAGES RULED, THE SISTERS ARE NOT BETROTHED. GEMARA. Whence do we know it? — Said Rami b. Hama: Because Scripture saith, and thou shalt not take a woman to her sister, to be a rival to her [li-zeror]:22 The Torah decreed that when they become rivals23 to each other, he can have no marital connection with [even] one of them.24 Said Raba to him: If so, how is it written, even the souls that do them shall be cut off from among their people:25 but if kiddushin with her is not valid, is he then liable to kareth?26 But, said Raba, the verse refers to consecutive [marriage],27 and our Mishnah is in accordance with Rabbah, who said: That which cannot be [done] consecutively cannot be [done] simultaneously. The text [stated]: ‘Rabbah said: That which cannot be [done] consecutively cannot be done simultaneously.’ Abaye raised an objection against him: marriage negotiations: v. supra 6a. be meant as kiddushin, and so she is a doubtful married woman. Should another man then betroth her, both must divorce her. are to impose a stringent ruling on that account, whereas here, by regarding the minority, we are lenient. Ri, quoted in Tosaf. s.v. dðv gives another reading: where gifts are first sent and then betrothal is performed — then it is obvious that she is not betrothed. It is necessary to state it only where the majority first send gifts and then betroth, yet a minority do the reverse. I might argue, let us fear the minority, so she is betrothed. Hence we are informed otherwise. they had actually become betrothed, and then she accepted kiddushin from another.