(Permission is granted to print and redistribute this material
as long as this header and the footer at the end are included.)


POINT BY POINT SUMMARY

Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld


Ask A Question on the daf

Previous daf

Kidushin 45

KIDUSHIN 45 - sponsored by a generous grant from an anonymous donor. Kollel Iyun Hadaf is indebted to him for his encouragement and support and prays that Hashem will repay him in kind.

1) A GIRL THAT WAS MEKADESH HERSELF

(a) (A minor was Mekadesh herself to Reuven without her father's knowledge; Reuven died).
(b) (Rav Huna): She may do Mi'un (to uproot a Ma'amar of the Yavam), but she cannot do Mi'un to uproot the (Kidushin and the) fall to Yibum.
1. If a Yavam gave her a Ma'amar - she needs a Get, Chalitzah, and Mi'un.
i. She needs a Get - perhaps the father was pleased with the Ma'amar (which is Kidushin) of the Yavam;
ii. She needs Chalitzah - perhaps the father was pleased with the Kidushin to Reuven, but not with the Ma'amar;
iii. She needs Mi'un - perhaps the father was not pleased with either (but people may think that she was Mekudeshes to the Yavam, and if he tries to Mekadesh her sister, nothing happens - by requiring Mi'un, people will see that something is amiss, and will ask Chachamim).
2. If no Ma'amar was given, she only needs Chalitzah.
3. Suggestion: Perhaps she should need Mi'un, lest people think that the Yavam cannot Mekadesh her sister!
4. Rejection: Everyone knows that the prohibition to marry the sister of one's Chalutzah is only mid'Rabanan (and mid'Oraisa, she can be Mekudeshes to the Yavam).
i. (Reish Lakish): A Mishnah teaches that marrying the sister of an ex-wife is forbidden mid'Oraisa, marrying the sister of one's Chalutzah is forbidden mid'Rabanan.
2) CONSENT OF THE FATHER
(a) Reuven and Shimon were drinking beer. Reuven gave a cup to Shimon and said 'Make your daughter Mekudeshes to my son'.
(b) (Ravina): Even Rav and Shmuel, who are concerned that the father consented to his daughter's Kidushin, they are not concerned that the son agrees to the father's Kidushin.
45b---------------------------------------45b

1. Rabanan: Perhaps the son made his father an agent!
2. Ravina: He would not be so brazen to do so.
3. Question: Perhaps the son told the father that he wanted to Mekadesh her!
4. Answer (Rabah bar Simi): Really, Rav and Shmuel would be concerned; Ravina explicitly said that he does not hold as Rav and Shmuel.
(c) A man was Mekadesh a minor in the market with a bundle of vegetables.
(d) (Ravina): Even Rav and Shmuel are only concerned when the Kidushin was done honorably, not when it was done disgracefully.
(e) Question (Rav Acha of Difti): What was the disgrace - that it was done in the market, or that he gave her vegetables?
1. This will determine the law if he was Mekadesh with money in the market, or with vegetables in a house.
(f) Answer (Ravina): Each aspect by itself makes it a disgrace.
(g) A man was arguing with his wife if they would Mekadesh their daughter to his relative or to hers. After pressure, he consented that she would marry his wife's relative. During the meal (to celebrate the Kidushin to her relative), his relative was Mekadesh her in another room.
(h) (Abaye): "Yisraelim will not do unjustly or speak falsely" (surely, the father does not consent).
(i) (Rava): A man does not make a banquet for naught (if he would agree, the meal was for nothing).
1. If he did not exert himself to make the meal, Rava would be concerned that he agreed, Abaye would not.
3) WHEN THE FATHER IS AWAY
(a) A man agreed to his daughter's Kidushin (to a Kohen), and went abroad; she had Nisu'in.
(b) (Rav): She may eat Terumah; if the father returns and protests, she must stop eating.
(c) (Rav Asi): She may not eat Terumah, lest the father return and protest, for then retroactively, she was forbidden to eat!
1. A case occurred; Rav was concerned for Rav Asi's opinion, and was stringent.
(d) (Rav Shmuel bar Rav Yitzchak): Rav admits that if she dies before the father returns, her husband does not inherit her - we leave the money in its Chazakah (her father inherits her, perhaps she was not fully married).
(e) A man agreed to his daughter's Kidushin (to a Kohen); she had Nisu'in without consulting her father, who was around.
(f) (Rav Huna): She may not eat Terumah.
(g) (R. Yirmeyah bar Aba): She may eat Terumah.
1. Rav Huna holds that even Rav would admit that she may not eat - since the father was here, his silence shows that he is angry and does protests the Nisu'in.
2. R. Yirmeyah holds that even Rav Asi would admit that she may eat -the father's silence shows that he accepts the Nisu'in.
(h) A girl became Mekudeshes and had Nisu'in without consulting her father.
(i) (Rav Huna): She may eat Terumah.
(j) (R. Yirmeyah bar Aba): She may not eat Terumah.
(k) Ula: Seemingly, Rav Huna contradicts himself!
1. When the father agreed to the Kidushin, she is certainly Mekudeshes mid'Oraisa, he says she may not eat - here, all the more so she should not eat!
2. R. Yirmeyah's opinion is better.
(i) (Rava): Rav Huna reason is, since she has acted as an orphan in her father's lifetime and he remained silent, this proves that he does not protest.
Next daf

Index


For further information on
subscriptions, archives and sponsorships,
contact Kollel Iyun Hadaf,
daf@shemayisrael.co.il