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1) WHO WRITES A DOCUMENT OF KIDUSHIN

(a) (Beraisa): A document of engagement may be written on paper or pottery, even if it is not worth a Perutah; he writes 'Your daughter is Mekudeshes (or Me'usreses, or as a wife) to me'.
(b) Question (R. Zeira bar Mamal): This is unlike sale documents - there, the seller writes 'My field is sold to you', but here the husband (who is as the buyer) writes the document!
(c) Answer #1 (Rava): Both are learned from verses.

1. By sales, it says "He will sell from his inheritance" - the Torah ascribes the sale to the seller;
2. By engagement, it says "When (a man) Yikach (will take a woman)", the acquisition is ascribed to him.
3. Question: But another verse says "Yiknu (They will buy) fields with money"!
4. Answer: We read it as Yuknu (will be bought).
5. Objection: If we read it thusly to agree with the other verse - we should likewise read by engagement, "When Yukach (will be taken to) a man" to conform with "I gave my daughter to this man"!

(d) Answer #2 (Rava): Rather, a tradition from Moshe from Sinai tells us who writes the documents; Chachamim found supports for the laws from verses.
(e) Answer #3: "(Yirmeyah, the buyer) took (received) the sale document" proves that the seller writes it.
(f) (Rava): A man wrote on paper or pottery, even if it was not worth a Perutah, 'Your daughter is Mekudeshes (or Me'ureses, or as a wife) to me' - he may give this to the father , or to the girl herself with her father's consent;

1. This only applies if she is not yet a Bogeres.

(g) 'You are Mekudeshes (or Me'ureses, or as a wife) to me' - he may give this to her, or to her father with her consent;

1. This applies if she is a Bogeres.

(a) Question (Reish Lakish): What is the law of a document of engagement not written Lishmah (for her sake)?

1. Do we equate engagement to divorce - just as a Get must be Lishmah, also a document of engagement?

2. Or, do we equate the methods of engagement - just as engagement money need not be minted Lishmah, an engagement document need not be written Lishmah.

(b) Answer (Reish Lakish): We equate engagement to divorce - "She will leave...she will be (Mekudeshes)".
(c) (Rava and Ravina): An engagement document was written Lishmah but without her consent - it is valid;
(d) (Rav Papa and Rav Sharbiya): It is invalid.

1. Rav Papa: We all equate engagement to divorce.

i. Rava and Ravina hold, just as a Get must be Lishmah but may be written without her consent, also a document of engagement;
ii. I and Rav Sharbiya hold, just as a Get requires the consent of the Makneh (the one who makes the other acquire, i.e. the husband), also a document of engagement requires the consent of the Makneh (the woman).

(e) Question (against Rava and Ravina - Beraisa): Documents of engagement and marriage must be written with the consent of both parties.

1. Suggestion: Documents of engagement is understood in the normal sense.

(f) Answer: No - it refers to documents of commitment.

1. (Rav Gidal): Reuven's parents and Leah's parents promised to each other how much each will give their child; Reuven was Mekadesh Leah - the verbal promises are legally binding.

(a) (Mishnah): Through relations...
(b) Question: From where do we know this?
(c) Answer #1 (R. Avahu citing R. Yochanan): "That had relations with a husband" - he becomes her husband through relations.
(d) Question (R. Zeira): Why don't you learn as Rebbi?

1. "(When a man will take a woman) and have relations with her" - this teaches that she is acquired through relations.

(e) Answer: From that verse, one might have thought that he must both engage her and have relations - the first verse shows, relations suffices by itself.
(f) Question (R. Aba bar Mamal): How could one think that he must both engage her and have relations - if so, how could one find a virgin who is Mekudeshes (that is stoned for adultery)?

1. If her husband was Mekadesh her and had relations with her - she is not a virgin!
2. If he was Mekadesh her but did not have relations - that does not take effect!

(g) Answer #1 (Rabanan): The case is, her husband had abnormal relations with her after engaging her.

1. Rejection (Abaye): All agree, she is not considered a virgin after that - Tana'im only argued regarding a stranger that has abnormal relations with a virgin.

i. (Beraisa): 10 men had abnormal relations with a virgin who is Mekudeshes while she is Na'arah - they are all stoned;
ii. Rebbi says, the first man is stoned, the others are choked (for she was not a virgin when they had relations with her).

(h) Answer #2 (Rav Nachman bar Yitzchak): The case is, her husband was Mekadesh her with a document;

1. Since a Get divorces single-handedly, a document of engagement engages single-handedly.

(i) Question: What does R. Yochanan learn from the verse Rebbi learned from, "And he will have relations"?
(j) Answer: It teaches that a wife is acquired through relations, but not a Yisraelis slave.

1. One might have thought that a slave is acquired through relations from a Kal va'Chomer.

i. A Yevamah is not acquired through money, but is acquired through relations - a slave can be acquired through money, all the more so through relations!

2. Question: One cannot learn from Yevamah, she is already partially acquired through the engagement of the deceased brother!
3. Answer: Rather, one might have thought to learn from acquisition of a wife.

i. "If he will take another wife (in addition to the slave he married" - this equates a slave to a wife;
ii. Just as a wife can be acquired through relations, also a slave - we hear, this is not so.

(k) Question: How does Rebbi learn this?
(l) Answer: Had the Torah only said "He will have relations", we would only learn that relations engage; now that it wrote "He will have relations with her", we also learn that relations acquire a wife, not a slave.

1. Question: Rava learns from "When a man will take a woman and have relations with her" that if the engagement would forbid them to have relations, it does not take effect;

i. How can Rava explain Rebbi?

2. Answer: The Torah should have written '...or have relations with her'; by writing "and", it allows us to learn another law.

(a) Question: What does Rebbi learn from "A woman that had relations with a husband"?
(b) Answer: A virgin that has abnormal relations with her husband is no longer considered a virgin; a virgin that has abnormal relations with a stranger is still a virgin.
(c) Question: But Rebbi does not hold that way!

i. (Beraisa): 10 men had abnormal relations with a Mekudeshes virgin Na'arah - they are all stoned;
ii. Rebbi says, the first man is stoned, the others are choked (for she was not a virgin when they had relations with her).

(d) Answer (R. Zeira): Rebbi only argues regarding the death penalty, but he agrees regarding the fine (for an unmarried virgin) that all the men pay the fine for raping or seducing a virgin.
(e) Question: Why is the law different by the fine than by the death penalty?
(f) Answer: Regarding death, it says "The man that lied with her will die alone (i.e. only the first man is stoned)".
(g) Question: What do Chachamim learn from "alone"?
(h) Answer: As R. Yonason learns.

1. (Beraisa - R. Oshiya): "Both of them will die" - only if they are both fitting to be executed (i.e. both are adults);
2. R. Yonason says, "The man that lied with her will die alone"

(i) Question: How does R. Yonason learn Rebbi's law?
(j) Answer: The Torah should have written 'That had relations with a man'; by writing "with a husband", it allows us to learn another law.