More opinions are brought about why Beit Shammai require a dinar for marriage. Beit Hillel’s holds that a woman can be betrothed with a pruta. What is the value of that pruta? What if the item is something that fluctuates in value? What if it was worth less but somewhere else could be worth a pruta? What if after the fact there is a question about the marriage and the current value is a pruta but it may have been worth more earlier when the marriage took place? Several actual cases are brought. Rav instituted lashes for people who did various things including getting betrothed without prearranging, or in the marketplace, or by betrothal through intercourse. The latter, while permitted by the Torah, was frowned upon by the rabbis.
Kiddushin
Masechet Kiddushin is sponsored by Julie and Martin Mendelsohn in honor of their two children who were recently married
Want to dedicate learning? Get started here:
English
עברית
0:00
0:00
0:00
0:00
Kiddushin
Masechet Kiddushin is sponsored by Julie and Martin Mendelsohn in honor of their two children who were recently married
Kiddushin 12
לָא סָלְקָא דַּעְתָּךְ – דּוּמְיָא דְּיִיעוּד, מַה יִיעוּד, אַף עַל גַּב דְּאִי בָּעֵי מְיַיעֵד וְאִי בָּעֵי לָא מְיַיעֵד, כֹּל הֵיכָא דְּלָא מָצֵי מְיַיעֵד – לָא הָווּ זְבִינָא זְבִינֵי, הָכִי נָמֵי כֹּל הֵיכָא דְּלָא מָצְיָ[א] מְיגָרְעָא – לָא הָווּ זְבִינָא זְבִינֵי.
The Gemara rejects this suggestion: This cannot enter your mind, as the halakha of deduction must be similar to the halakha of designation, i.e., the process by which a master designates his Hebrew maidservant as a wife for him or his son (Exodus 21:8–9). Just as with designation, although the halakha is that if he desires, he may designate her and if he does not desire, he is not required to designate her, nevertheless anywhere that he cannot designate her, e.g., in a case where they are related and she is therefore forbidden to him, her sale is not a valid sale, so too here, with regard to her redemption, anywhere that she cannot deduct an amount from her purchase price, her sale is not a valid sale.
וְקִידּוּשֵׁי אִשָּׁה לְבֵית שַׁמַּאי נָפְקָא לְהוּ מֵאָמָה הָעִבְרִיָּה: מָה אָמָה הָעִבְרִיָּה בִּפְרוּטָה לָא מִקַּנְיָא, אַף אִשָּׁה בִּפְרוּטָה לָא מִיקַּדְּשָׁא.
The Gemara notes: And according to the opinion of Beit Shammai the mode of betrothal of a woman by money is derived from the case of a Hebrew maidservant, as follows: Just as a Hebrew maidservant cannot be acquired with one peruta, so too a woman cannot be betrothed with one peruta.
וְאֵימָא פַּלְגָא דְּדִינָר, וְאֵימָא שְׁתֵּי פְּרוּטוֹת! כֵּיוָן דְּאַפִּיקְתֵּיהּ מִפְּרוּטָה – אוֹקְמַהּ אַדִּינָר.
The Gemara asks: Even if Beit Shammai derive their opinion from here, how does this prove that a woman can be betrothed only with a minimum of one dinar? But why not say she can be betrothed with half a dinar, or say that she can be betrothed with two perutot, as it is possible to fulfill the redemption of a Hebrew maidservant if her sale was for either of these amounts? The Gemara answers: Since this comparison excludes betrothal with one peruta, as it indicates that a woman can be betrothed only with money of significant value, the Sages established the minimum amount at one dinar, which is a coin of substantial value.
רָבָא אָמַר: הַיְינוּ טַעְמָא דְּבֵית שַׁמַּאי: שֶׁלֹּא יְהוּ בְּנוֹת יִשְׂרָאֵל כְּהֶפְקֵר.
Rava said a different explanation: This is the reasoning of Beit Shammai, who hold that a woman can be betrothed only with a minimum of one dinar: The daughters of Israel should not be treated like ownerless property. Allowing women to be betrothed with such a small amount as one peruta is disrespectful to them.
וּבֵית הִלֵּל אוֹמְרִים בִּפְרוּטָה. סָבַר רַב יוֹסֵף לְמֵימַר: פְּרוּטָה כָּל דְּהוּ. אֲמַר לֵיהּ אַבָּיֵי: וְהָא עֲלַהּ קָתָנֵי: כַּמָּה הִיא פְּרוּטָה – אֶחָד מִשְּׁמֹנָה בָּאִיסָּר הָאִיטַלְקִי.
§ The mishna teaches: And Beit Hillel say that a woman can be betrothed with one peruta, or with any item that is worth one peruta. Rav Yosef thought to say: One peruta means any amount. There is no defined value, as a woman may be betrothed with one peruta regardless of its value at the time. Abaye said to him: But isn’t it taught with regard to this in the mishna itself: How much is one peruta? It is one-eighth of the Italian issar. This shows there is a defined value for one peruta.
וְכִי תֵּימָא: הָנֵי מִילֵּי בְּדוֹרוֹ שֶׁל מֹשֶׁה, אֲבָל הָכָא כְּדַחֲשִׁבָה לְהוּ לְאִינָשֵׁי – וְהָא כִּי אֲתָא רַב דִּימִי אָמַר: שִׁיעֵר רַבִּי סִימַאי בְּדוֹרוֹ כַּמָּה הִיא פְּרוּטָה: אֶחָד מִשְּׁמֹנָה בָּאִיסָּר הָאִיטַלְקִי, וְכִי אֲתָא רָבִין אָמַר: רַבִּי דּוֹסְתַּאי וְרַבִּי יַנַּאי וְרַבִּי אוֹשַׁעְיָא שִׁיעֲרוּ כַּמָּה הָוֵי פְּרוּטָה – אֶחָד מִשִּׁשָּׁה בְּאִיסָּר הָאִיטַלְקִי!
And if you would say: This statement applies only to the generation of Moses, i.e., this was the value of one peruta in the time of the Torah, but now, at any later time, its value is determined by that which people consider one peruta, that claim cannot be correct. As when Rav Dimi came from Eretz Yisrael he said: Rabbi Simai estimated in his generation: How much is one peruta? It is one-eighth of the Italian issar. And when Ravin came from Eretz Yisrael to Babylonia he said that Rabbi Dostai and Rabbi Yannai and Rabbi Oshaya estimated: How much is one peruta? It is one-sixth of the Italian issar.
אֲמַר לֵיהּ רַב יוֹסֵף: אִי הָכִי, הַיְינוּ דְּתָנֵינָא: ״צֵא וַחֲשׁוֹב כַּמָּה פְּרוּטוֹת בִּשְׁנֵי סְלָעִים – יוֹתֵר מֵאַלְפַּיִם״ – הַשְׁתָּא אַלְפַּיִם לָא הָוְיָין, יָתֵר מֵאַלְפַּיִם קָרֵי לְהוּ? אֲמַר לְהוּ הַהוּא סָבָא: אֲנָא תְּנֵינָא לַהּ: ״קָרוֹב לְאַלְפַּיִם״. סוֹף סוֹף אַלְפָּא וַחֲמֵשׁ מְאָה וּתְלָתִין וְשִׁיתָּא הוּא דְּהָוְיָין! כֵּיוָן דְּנָפְקָא לְהוּ מִפַּלְגָא – קָרוֹב לְאַלְפַּיִם קָרֵי לֵיהּ.
Rav Yosef said to Abaye: If so, then this is in conflict with that which we learned in a baraita: Go and calculate how many perutot there are in two sela: More than two thousand. Now there are not even two thousand, and you call them: More than two thousand? Rather, the peruta is certainly worth less than one-eighth of the Italian issar. A certain old man said to them: I teach this baraita as saying: Close to two thousand. The Gemara asks: Ultimately, according to the calculation of one-eighth of an issar, the number of perutot in two sela is 1,536, which is nowhere near two thousand. The Gemara answers: Since it passes half of the second thousand it is called: Close to two thousand.
גּוּפָא, כִּי אֲתָא רַב דִּימִי אָמַר: שִׁיעֵר רַבִּי סִימַאי בְּדוֹרוֹ כַּמָּה הִיא פְּרוּטָה – אֶחָד מִשְּׁמֹנָה בָּאִיסָּר הָאִיטַלְקִי, וְכִי אֲתָא רָבִין אָמַר: שִׁיעֲרוּ רַבִּי דּוֹסְתַּאי וְרַבִּי יַנַּאי וְרַבִּי אוֹשַׁעְיָא כַּמָּה הִיא פְּרוּטָה – אֶחָד מִשִּׁשָּׁה בָּאִיסָּר הָאִיטַלְקִי. אָמַר לֵיהּ אַבָּיֵי לְרַב דִּימִי: נֵימָא, אַתְּ וְרָבִין בִּפְלוּגְתָּא דְהָנֵי תַּנָּאֵי קָא מִיפַּלְגִיתוּ,
The Gemara discusses the matter itself. When Rav Dimi came from Eretz Yisrael he said: Rabbi Simai estimated in his generation: How much is one peruta? It is one-eighth of the Italian issar. And when Ravin came he said that Rabbi Dostai and Rabbi Yannai and Rabbi Oshaya estimated: How much is one peruta? It is one-sixth of the Italian issar. Abaye said to Rav Dimi: Shall we say that you and Ravin disagree with regard to the issue that is the subject of the dispute between these tanna’im.
דְּתַנְיָא: פְּרוּטָה שֶׁאָמְרוּ חֲכָמִים – אֶחָד מִשְּׁמֹנָה בָּאִיסָּר הָאִיטַלְקִי, שֵׁשׁ מָעָה כֶּסֶף – דִּינָר, מָעָה – שְׁנֵי פּוּנְדְּיוֹנִין, פּוּנְדְּיוֹן – שְׁנֵי אִיסָּרִין, אִיסָּר – שְׁנֵי מִסְמֵיסִים, מִסְמֵס – שְׁנֵי קוּנְטְרוֹנְקִין, קוּנְטְרֹנְק – שְׁתֵּי פְרוּטוֹת. נִמְצָא, פְּרוּטָה – אֶחָד מִשְּׁמֹנָה בָּאִיסָּר הָאִיטַלְקִי.
As it is taught in a baraita: The peruta mentioned by the Sages is one-eighth of the Italian issar. Six silver ma’a are one dinar, and one ma’a is worth two pundeyon. In a pundeyon there are two issar, and an issar is two masmas. A masmas is worth two konterank, and a konterank is two perutot. By this calculation, one finds that one peruta is one-eighth of the Italian issar.
רַבָּן שִׁמְעוֹן בֶּן גַּמְלִיאֵל אוֹמֵר: שְׁלֹשָׁה הַדְרֵסִין לְמָעָה, שְׁנֵי הַנְצִין לְהַדְרֵיס, שְׁנֵי שְׁמֵנִין לַהֲנֵץ, שְׁתֵּי פְרוּטוֹת לְשָׁמֵין, נִמְצָא, פְּרוּטָה – אֶחָד מִשִּׁשָּׁה בְּאִיסָּר הָאִיטַלְקִי. לֵימָא דְּמָר אָמַר כְּתַנָּא קַמָּא וְרָבִין דְּאָמַר כְּרַבָּן שִׁמְעוֹן בֶּן גַּמְלִיאֵל?
Rabban Shimon ben Gamliel says: This is not the case; rather, there are three hadreis to a ma’a, two henetz to a hadreis, two shamin to a henetz, and two perutot to a shamin. Consequently, one finds that one peruta is one-sixth of the Italian issar. Shall we say that one Master agrees with the first tanna, and Ravin, who said his ruling in the name of Rabbi Dostai and Rabbi Yannai and Rabbi Oshaya, agrees with Rabban Shimon ben Gamliel?
אֲמַר לֵיהּ: בֵּין דִּידִי וּבֵין רָבִין אַלִּיבָּא דְּתַנָּא קַמָּא, וְלָא קַשְׁיָא: הָא – דְּאִיַּקּוּר אִיסּוּרֵי, הָא – דְּזוּל אִיסּוּרֵי. הָא דְּאִיַּקּוּר אִיסּוּרֵי – קוּם עֶשְׂרִים וְאַרְבַּע בְּזוּזָא, הָא דְּזוּל – קוּם תְּלָתִין וּתְרֵין בְּזוּזָא.
Rav Dimi said to Abaye: Both my statement and that of Ravin are in accordance with the opinion of the first tanna, and it is not difficult. This statement of mine is referring to when the issar increased in value in relation to silver coins, and this statement of Ravin is referring to when the issar decreased in value. The Gemara elaborates: When the issar increased in value, twenty-four issar stood at one dinar; when they decreased in value, thirty-two issar stood at one dinar. If so, there is a set ratio between the value of a peruta and the value of silver, and there are 192 perutot in one dinar. By contrast, the ratio between the value of a copper issar and silver dinars fluctuates, so that sometimes an issar will be worth eight perutot while at other times it is worth only six.
אָמַר שְׁמוּאֵל: קִידְּשָׁהּ בִּתְמָרָה, אֲפִילּוּ עוֹמֵד כּוֹר תְּמָרִים בְּדִינָר – מְקוּדֶּשֶׁת; חָיְישִׁינַן שֶׁמָּא שָׁוֶה פְּרוּטָה בְּמָדַי.
§ Shmuel says: If man betrothed a woman with a date, she is betrothed even if a kor of dates is worth one dinar, which would mean that one date is worth much less than one peruta. The reason is that although a date has little value here, we are concerned that perhaps it is worth one peruta in Media or in some other distant place where dates are expensive. Therefore, she is betrothed in this location as well.
וְהָא אֲנַן תְּנַן: בֵּית הִלֵּל אוֹמְרִים בִּפְרוּטָה וּבְשָׁוֶה פְּרוּטָה! לָא קַשְׁיָא, הָא בְּקִידּוּשֵׁי וַדַּאי, הָא בְּקִידּוּשֵׁי סָפֵק.
The Gemara asks: But didn’t we learn in the mishna that Beit Hillel say: With one peruta or with an item worth one peruta, but not less? The Gemara explains: This is not difficult. This statement in the mishna is referring to betrothal whose status is certain. Betrothal with one peruta or an item worth one peruta is certainly valid. Conversely, this case stated by Shmuel is referring to betrothal whose status is uncertain. Although the item is not worth one peruta here, there is a concern that the betrothal might nevertheless be valid.
הָהוּא גַּבְרָא דְּאקַדֵּישׁ בִּזְווֹדָא דְּאוּדְרֵי, יָתֵיב רַב שִׁימִי בַּר חִיָּיא קַמֵּיהּ דְּרַב וְקָא מְעַיֵּין בַּהּ, אִי אִית בַּהּ שָׁוֶה פְּרוּטָה – אִין, אִי לָא – לָא. וְאִי לֵית בַּהּ שָׁוֶה פְּרוּטָה לָא? וְהָאָמַר שְׁמוּאֵל: חָיְישִׁינַן! לָא קַשְׁיָא, הָא בְּקִידּוּשֵׁי וַדַּאי, הָא בְּקִידּוּשֵׁי סָפֵק.
The Gemara relates: There was a certain man who betrothed a woman with a bundle of rags [zavda de’urdei]. Rav Shimi bar Ḥiyya sat before Rav and examined the bundle to see if it had the value of one peruta. If it was worth one peruta, yes, she was betrothed, and if not, no, she was not betrothed. The Gemara asks: And if it does not have the value of one peruta, is she not betrothed? But didn’t Shmuel say that we are concerned that the item might be worth one peruta in Media? The Gemara explains: This is not difficult. This ruling of Rav Shimi bar Ḥiyya is referring to betrothal whose status is certain, whereas this statement of Shmuel is referring to betrothal whose status is uncertain.
הָהוּא גַּבְרָא דְּאקַדֵּישׁ בְּאַבְנָא דְכוּחְלָא, יָתֵיב רַב חִסְדָּא וְקָא מְשַׁעֵר לַיהּ, אִי אִית בַּהּ שָׁוֶה פְּרוּטָה – אִין, וְאִי לָא – לָא. וְאִי לֵית בַּהּ שָׁוֶה פְּרוּטָה לָא? וְהָא אָמַר שְׁמוּאֵל: חָיְישִׁינַן! רַב חִסְדָּא לָא סָבַר לֵיהּ דִּשְׁמוּאֵל.
The Gemara further relates: There was a certain man who betrothed a woman with a blue marble stone. Rav Ḥisda sat and estimated whether it was worth one peruta. If it was worth one peruta, yes, she was betrothed, and if not, no, she was not betrothed. The Gemara asks: And if it does not have the value of one peruta, is she not betrothed? But didn’t Shmuel say that we are concerned that the item might be worth one peruta in Media? The Gemara answers: Rav Ḥisda does not hold in accordance with that opinion of Shmuel, as he holds that if the item is not worth one peruta in the place where the betrothal occurred, the betrothal is invalid.
אֲמַרָה לֵיהּ אִימֵּיהּ: וְהָא הָהוּא יוֹמָא דְּקַדְּשַׁהּ הֲוָה בַּהּ שָׁוֶה פְּרוּטָה! אֲמַר לַהּ: לָאו כָּל כְּמִינָּךְ דְּאָסְרַתְּ לַהּ אַבָּתְרָא.
The mother of the man who offered the betrothal said to Rav Ḥisda: But on that day that he betrothed her it was worth one peruta. He said to the mother: It is not in your power to render her forbidden to a later man. If another comes and betroths her, his betrothal is not dismissed due to this earlier act. Since the marble stone is not worth one peruta now, the betrothal of the second man may be valid.
לָאו הַיְינוּ דִּיהוּדִית דְּבֵיתְהוּ דְּרַבִּי חִיָּיא, (דַּהֲוֵית) [דַּהֲוָה] לַהּ צַעַר לֵידָה, אֲמַרָה לֵיהּ: אֲמַרָה לִי אֵם: קַבֵּיל בִּיךְ אֲבוּךְ קִידּוּשֵׁי כִּי זוּטְרַתְּ. אֲמַר לַהּ: לָאו כָּל כְּמִינַּהּ דְּאִימָּךְ דְּאָסְרָה לִיךְ עִילָּוַאי.
Rav Ḥisda explained: Is this not similar to the case of Yehudit, wife of Rabbi Ḥiyya, who would have painful childbirths and therefore wished to leave Rabbi Ḥiyya? She said to Rabbi Ḥiyya: My mother told me: When you were young your father accepted betrothal on your behalf from another man, which would render Yehudit forbidden to Rabbi Ḥiyya. He said to her: It is not in your mother’s power to render you forbidden to me, as this testimony is insufficient.
אָמְרִי לֵיהּ רַבָּנַן לְרַב חִסְדָּא: אַמַּאי? הָא אִיכָּא סָהֲדִי בְּאִידִית, דְּיָדְעִי דִּבְהָהוּא יוֹמָא הֲוָה בַּיהּ שָׁוֶה פְּרוּטָה! הַשְׁתָּא מִיהָא לָא לֵיתַנְהוּ קַמַּן.
Returning to the incident with the blue marble stone, the Gemara relates that the Sages said to Rav Ḥisda: Why do you say that she is not betrothed because the item is not worth one peruta in the place where the betrothal occurred? After all, there are witnesses in Idit who know that on that day it had the value of one peruta. Rav Ḥisda said to them: Now, in any event, they are not here, and therefore their potential testimony is disregarded.
לָאו הַיְינוּ דְּרַבִּי חֲנִינָא, דְּאָמַר רַבִּי חֲנִינָא: עֵידֶיהָ בְּצַד אַסְתָּן, וְתֵיאָסֵר?!
Rav Ḥisda cites a proof for his statement: Isn’t this the same as the opinion of Rabbi Ḥanina? In the case of a woman who appeared before the court and said that she was taken captive but remained undefiled, if there are no witnesses that she was captured, her entire claim must be accepted, and therefore she is permitted to her husband. Although there are witnesses elsewhere who can testify that she was taken captive, and consequently, the court need not rely on her statement alone, as Rabbi Ḥanina says: When her witnesses are far away in the north [istan], will she be forbidden?
אַבָּיֵי וְרָבָא לָא סְבִירָא לְהוּ לְהָא דְּרַב חִסְדָּא. אִם הֵקֵילּוּ בִּשְׁבוּיָה, דִּמְנַוְּולָה נַפְשַׁהּ גַּבֵּי שַׁבַּאי, נָיקֵיל בְּאֵשֶׁת אִישׁ?!
The Gemara comments: Abaye and Rava do not hold in accordance with this statement of Rav Ḥisda with regard to betrothal. In their opinion one cannot learn the halakha here from Rabbi Ḥanina’s statement, as there is a difference between the cases: If in the case of Rabbi Ḥanina the Sages were lenient with regard to a captive woman, who makes herself appear repulsive before her captor so that he will not rape her, and it is therefore believable that she was not violated, shall we be lenient with regard to the serious prohibition of a married woman?
אִישְׁתְּאַר מֵהַהִיא מִשְׁפָּחָה בְּסוּרָא, וּפְרַשׁוּ רַבָּנַן מִינַּהּ. וְלָאו מִשּׁוּם דִּסְבִירָא לְהוּ דִּשְׁמוּאֵל, אֶלָּא מִשּׁוּם דִּסְבִירָא לְהוּ כְּאַבָּיֵי וְרָבָא.
The Gemara reports: Descendants of the family of the woman who had been betrothed with a blue marble stone remained in Sura, as after Rav Ḥisda ruled that that woman’s first betrothal was invalid, she married another man and had children. But the Sages avoided the family and refused to marry into it due to the concern that it was founded on a possibly adulterous relationship, which would render the descendants of the family mamzerim. The Gemara comments: And it was not because they maintained, in accordance with the opinion of Shmuel, that there is a concern that any item might be worth one peruta somewhere else. Rather, it was because they held in accordance with the opinion of Abaye and Rava, who said: Since there are witnesses in a different place, one must take them into account.
הָהוּא גַּבְרָא דְּאקַדֵּישׁ בְּשׁוּטִיתָא דְאָסָא בְּשׁוּקָא, שַׁלְחַהּ רַב אַחָא בַּר הוּנָא לְקַמֵּיהּ דְּרַב יוֹסֵף: כְּהַאי גַּוְונָא מַאי? שְׁלַח לֵיהּ: נַגְּדֵיהּ כְּרַב, וְאַצְרֵיךְ גִּיטָּא כִּשְׁמוּאֵל.
§ The Gemara relates: There was a certain man who betrothed a woman with a myrtle branch in the marketplace. Rav Aḥa bar Huna sent this dilemma before Rav Yosef: In a case like this, what is the halakha? Rav Yosef sent a response to him: Flog him, in accordance with the opinion of Rav, and require her to receive a bill of divorce, in accordance with the opinion of Shmuel, in case the myrtle branch is worth one peruta somewhere else.
דְּרַב מְנַגֵּיד עַל דִּמְקַדֵּשׁ בְּשׁוּקָא, וְעַל דִּמְקַדֵּשׁ בְּבִיאָה, וְעַל דִּמְקַדֵּשׁ בְּלָא שִׁידּוּכֵי.
The Gemara explains that Rav would flog a man for betrothing a woman in the marketplace, because this is disrespectful and crude, and for betrothing a woman through sexual intercourse, as it is unsavory to invite witnesses to observe a man and woman enter a room to engage in intercourse. And he would also flog a man for betrothing a woman without an arrangement [shiddukhei], i.e., if he did not discuss betrothal with the woman before betrothing her. Each of these acts is considered indecent behavior.
וְעַל דִּמְבַטֵּיל גִּיטָּא, וְעַל דְּמָסַר מוֹדָעָא אַגִּיטָּא, וְעַל דִּמְצַעַר שְׁלוּחָא דְרַבָּנַן, וְעַל דְּחָלָה שַׁמְתָּא עִילָּוֵיהּ תְּלָתִין יוֹמִין,
And likewise, Rav would flog a man for nullifying a bill of divorce he has already sent to his wife, and for issuing a declaration preemptively invalidating a bill of divorce. The latter case is referring to one who announces before giving a bill of divorce that he is divorcing his wife against his will, thereby rendering the document ineffective. This behavior might lead to a grave sin if the wife marries another man under the mistaken impression that she is divorced. And similarly, Rav would flog anyone for tormenting a messenger of the Sages, as this indicates a lack of regard for the Sages. And Rav would flog one who had an excommunication take effect on him for thirty days and yet does not repent or appeal to the Sages to annul his censure.
וְעַל חַתְנָא דְּדָיַיר בֵּי חֲמוּהּ. דְּדָיַיר – אִין, חָלֵיף – לָא?! וְהָא הָהוּא חַתְנָא דַּחֲלֵיף אַבָּבָא דְּבֵי חֲמוּהּ וְנַגְּדֵיהּ רַב שֵׁשֶׁת! הָהוּא מֵידָם הֲוָת דָּיְימָא חֲמָתֵיהּ מִינֵּיהּ.
And Rav would flog a son-in-law who lives in his father-in-law’s house, as there is a concern that he might sin with his mother-in-law. The Gemara comments: This indicates that with regard to one who lives in his father-in-law’s house permanently, yes, he is flogged, whereas with regard to one who only passes by his father-in-law’s house, no, he is not flogged. But there was a certain son-in-law who passed by the entrance of his father-in-law’s house and Rav Sheshet flogged him due to licentiousness. The Gemara explains: In that case, there were suspicions [dayma] about him and his mother-in-law, i.e., about rumors of intimacy between them. In walking by the house he contributed to these rumors, which is why he was flogged.
נְהַרְדָּעֵי אָמְרִי: בְּכוּלְּהוּ, לָא מְנַגֵּיד רַב אֶלָּא עַל דִּמְקַדֵּשׁ בְּבִיאָה בְּלָא שִׁידּוּכֵי. וְאִיכָּא דְּאָמְרִי: וַאֲפִילּוּ בְּשִׁידּוּכֵי נָמֵי מִשּׁוּם פְּרִיצוּתָא.
The Sages of Neharde’a say: Rav would not flog a violator in all of the cases listed, but he would in fact flog a man for betrothing a woman through sexual intercourse without a prior arrangement. And there are those who say: Even if there was an arrangement beforehand, he would also flog a man for betrothing a woman with intercourse, due to licentiousness, as it is indecent to have witnesses observe a man and woman enter a room to engage in intercourse.
הָהוּא גַּבְרָא דְּקַדֵּישׁ בְּצִיפְּתָא דְאָסָא, אֲמַרוּ לֵיהּ: וְהָא לֵית בַּהּ שָׁוֶה פְּרוּטָה! אֲמַר לְהוּ: תִּיקְדּוֹשׁ בְּאַרְבַּע זוּזֵי דְּאִית בַּהּ. שְׁקַלְתַּהּ וְאִישְׁתִּיקָא. אָמַר רָבָא: הָוֵה שְׁתִיקוּתָא דִּלְאַחַר מַתַּן מָעוֹת, וְכֹל שְׁתִיקוּתָא דִּלְאַחַר מַתַּן מָעוֹת, לָאו כְּלוּם הִיא.
§ The Gemara relates: There was a certain man who betrothed a woman with a mat of myrtle branches. People who were present said to him: But it is not worth one peruta. He said to them: If so, let her be betrothed with the four dinars that are wrapped in the mat. The woman took the mat and was silent. Rava said: This is silence after the money is given, and any silence after the money is given is nothing. Since it was assumed at the time that he gave her an item worth less than one peruta, there is no proof that she acted in accordance with his subsequent statement. It is possible that she ignored him and did not intend to become betrothed with the four dinars.
אָמַר רָבָא: מְנָא אָמֵינָא לַהּ, דְּתַנְיָא: אָמַר לָהּ: כִּנְסִי סֶלַע זוֹ בְּפִקָּדוֹן, וְחָזַר וְאָמַר לָהּ: הִתְקַדְּשִׁי לִי בּוֹ. בִּשְׁעַת מַתַּן מָעוֹת – מְקוּדֶּשֶׁת, לְאַחַר מַתַּן מָעוֹת, רָצְתָה – מְקוּדֶּשֶׁת, לֹא רָצְתָה – אֵינָהּ מְקוּדֶּשֶׁת.
Rava said: From where do I state this opinion? As it is taught in a baraita that in a case where a man said to a woman: Take this sela as a deposit, and he subsequently went back and said to her: Be betrothed to me with it, if he said this at the time the money was given, she is betrothed. In a case where he said this after the money was given, then if she wanted to be betrothed in this manner, she is betrothed. If she did not want it, she is not betrothed.
מַאי ״רָצְתָה״ וּמַאי ״לֹא רָצְתָה״? אִילֵימָא ״רָצְתָה״ – דְּאָמְרָה: ״אִין״, לֹא רָצְתָה דְּאָמְרָה: ״לָא״, מִכְּלָל דְּרֵישָׁא,
The Gemara inquires: What is the meaning of: She wanted, and what is the meaning of: She did not want? If we say that: She wanted, means that she said yes, she wishes to be betrothed, and: She did not want, means that she explicitly said no, one can learn by inference that in the first clause of the baraita, when he spoke as he gave her the money and no difference is suggested between her wanting or not wanting,
Follow 
New to Talmud?
Check out our resources designed to help you navigate a page of Talmud – and study at the pace, level and style that fits you.
The Hadran Women’s Tapestry
Meet the diverse women learning Gemara at Hadran and hear their stories.
I started learning Talmud with R’ Haramati in Yeshivah of Flatbush. But after a respite of 60 years, Rabbanit Michelle lit my fire – after attending the last three world siyumim in Miami Beach, Meadowlands and Boca Raton, and now that I’m retired, I decided – “I can do this!” It has been an incredible journey so far, and I look forward to learning Daf everyday – Mazal Tov to everyone!
Roslyn Jaffe
Florida, United States
I began my journey with Rabbanit Michelle more than five years ago. My friend came up with a great idea for about 15 of us to learn the daf and one of us would summarize weekly what we learned.
It was fun but after 2-3 months people began to leave. I have continued. Since the cycle began Again I have joined the Teaneck women.. I find it most rewarding in so many ways. Thank you
Dena Heller
New Jersey, United States
In January 2020 on a Shabbaton to Baltimore I heard about the new cycle of Daf Yomi after the siyum celebration in NYC stadium. I started to read “ a daily dose of Talmud “ and really enjoyed it . It led me to google “ do Orthodox women study Talmud? “ and found HADRAN! Since then I listen to the podcast every morning, participate in classes and siyum. I love to learn, this is amazing! Thank you
Sandrine Simons
Atlanta, United States
Ive been learning Gmara since 5th grade and always loved it. Have always wanted to do Daf Yomi and now with Michelle Farber’s online classes it made it much easier to do! Really enjoying the experience thank you!!
Lisa Lawrence
Neve Daniel, Israel
After all the hype on the 2020 siyum I became inspired by a friend to begin learning as the new cycle began.with no background in studying Talmud it was a bit daunting in the beginning. my husband began at the same time so we decided to study on shabbat together. The reaction from my 3 daughters has been fantastic. They are very proud. It’s been a great challenge for my brain which is so healthy!
Stacey Goodstein Ashtamker
Modi’in, Israel
While vacationing in San Diego, Rabbi Leah Herz asked if I’d be interested in being in hevruta with her to learn Daf Yomi through Hadran. Why not? I had loved learning Gemara in college in 1971 but hadn’t returned. With the onset of covid, Daf Yomi and Rabbanit Michelle centered me each day. Thank-you for helping me grow and enter this amazing world of learning.
Meryll Page
Minneapolis, MN, United States
Retirement and Covid converged to provide me with the opportunity to commit to daily Talmud study in October 2020. I dove into the middle of Eruvin and continued to navigate Seder Moed, with Rabannit Michelle as my guide. I have developed more confidence in my learning as I completed each masechet and look forward to completing the Daf Yomi cycle so that I can begin again!
Rhona Fink
San Diego, United States
I’ve been studying Talmud since the ’90s, and decided to take on Daf Yomi two years ago. I wanted to attempt the challenge of a day-to-day, very Jewish activity. Some days are so interesting and some days are so boring. But I’m still here.
Sarene Shanus
Mamaroneck, NY, United States
I began Daf Yomi with the last cycle. I was inspired by the Hadran Siyum in Yerushalayim to continue with this cycle. I have learned Daf Yomi with Rabanit Michelle in over 25 countries on 6 continents ( missing Australia)
Barbara Goldschlag
Silver Spring, MD, United States
I graduated college in December 2019 and received a set of shas as a present from my husband. With my long time dream of learning daf yomi, I had no idea that a new cycle was beginning just one month later, in January 2020. I have been learning the daf ever since with Michelle Farber… Through grad school, my first job, my first baby, and all the other incredible journeys over the past few years!
Sigal Spitzer Flamholz
Bronx, United States
When I started studying Hebrew at Brown University’s Hillel, I had no idea that almost 38 years later, I’m doing Daf Yomi. My Shabbat haburah is led by Rabbanit Leah Sarna. The women are a hoot. I’m tracking the completion of each tractate by reading Ilana Kurshan’s memoir, If All the Seas Were Ink.
Hannah Lee
Pennsylvania, United States
I started learning when my brother sent me the news clip of the celebration of the last Daf Yomi cycle. I was so floored to see so many women celebrating that I wanted to be a part of it. It has been an enriching experience studying a text in a language I don’t speak, using background knowledge that I don’t have. It is stretching my learning in unexpected ways, bringing me joy and satisfaction.
Jodi Gladstone
Warwick, Rhode Island, United States
Shortly after the death of my father, David Malik z”l, I made the commitment to Daf Yomi. While riding to Ben Gurion airport in January, Siyum HaShas was playing on the radio; that was the nudge I needed to get started. The “everyday-ness” of the Daf has been a meaningful spiritual practice, especial after COVID began & I was temporarily unable to say Kaddish at daily in-person minyanim.
Lisa S. Malik
Wynnewood, United States
I started learning Daf Yomi in January 2020 after watching my grandfather, Mayer Penstein z”l, finish shas with the previous cycle. My grandfather made learning so much fun was so proud that his grandchildren wanted to join him. I was also inspired by Ilana Kurshan’s book, If All the Seas Were Ink. Two years in, I can say that it has enriched my life in so many ways.
Leeza Hirt Wilner
New York, United States
I heard the new Daf Yomi cycle was starting and I was curious, so I searched online for a women’s class and was pleasently surprised to find Rabanit Michelle’s great class reviews in many online articles. It has been a splendid journey. It is a way to fill my days with Torah, learning so many amazing things I have never heard before during my Tanach learning at High School. Thanks so much .
Martha Tarazi
Panama, Panama
I started with Ze Kollel in Berlin, directed by Jeremy Borowitz for Hillel Deutschland. We read Masechet Megillah chapter 4 and each participant wrote his commentary on a Sugia that particularly impressed him. I wrote six poems about different Sugiot! Fascinated by the discussions on Talmud I continued to learn with Rabanit Michelle Farber and am currently taking part in the Tikun Olam course.
Yael Merlini
Berlin, Germany
I was exposed to Talmud in high school, but I was truly inspired after my daughter and I decided to attend the Women’s Siyum Shas in 2020. We knew that this was a historic moment. We were blown away, overcome with emotion at the euphoria of the revolution. Right then, I knew I would continue. My commitment deepened with the every-morning Virtual Beit Midrash on Zoom with R. Michelle.
Adina Hagege
Zichron Yaakov, Israel
After enthusing to my friend Ruth Kahan about how much I had enjoyed remote Jewish learning during the earlier part of the pandemic, she challenged me to join her in learning the daf yomi cycle. I had always wanted to do daf yomi but now had no excuse. The beginning was particularly hard as I had never studied Talmud but has become easier, as I have gained some familiarity with it.
Susan Vishner
Brookline, United States
Inspired by Hadran’s first Siyum ha Shas L’Nashim two years ago, I began daf yomi right after for the next cycle. As to this extraordinary journey together with Hadran..as TS Eliot wrote “We must not cease from exploration and the end of all our exploring will be to arrive where we began and to know the place for the first time.
Susan Handelman
Jerusalem, Israel
I started learning daf yomi at the beginning of this cycle. As the pandemic evolved, it’s been so helpful to me to have this discipline every morning to listen to the daf podcast after I’ve read the daf; learning about the relationships between the rabbis and the ways they were constructing our Jewish religion after the destruction of the Temple. I’m grateful to be on this journey!
Mona Fishbane
Teaneck NJ, United States
Kiddushin 12
לָא סָלְקָא דַּעְתָּךְ – דּוּמְיָא דְּיִיעוּד, מַה יִיעוּד, אַף עַל גַּב דְּאִי בָּעֵי מְיַיעֵד וְאִי בָּעֵי לָא מְיַיעֵד, כֹּל הֵיכָא דְּלָא מָצֵי מְיַיעֵד – לָא הָווּ זְבִינָא זְבִינֵי, הָכִי נָמֵי כֹּל הֵיכָא דְּלָא מָצְיָ[א] מְיגָרְעָא – לָא הָווּ זְבִינָא זְבִינֵי.
The Gemara rejects this suggestion: This cannot enter your mind, as the halakha of deduction must be similar to the halakha of designation, i.e., the process by which a master designates his Hebrew maidservant as a wife for him or his son (Exodus 21:8–9). Just as with designation, although the halakha is that if he desires, he may designate her and if he does not desire, he is not required to designate her, nevertheless anywhere that he cannot designate her, e.g., in a case where they are related and she is therefore forbidden to him, her sale is not a valid sale, so too here, with regard to her redemption, anywhere that she cannot deduct an amount from her purchase price, her sale is not a valid sale.
וְקִידּוּשֵׁי אִשָּׁה לְבֵית שַׁמַּאי נָפְקָא לְהוּ מֵאָמָה הָעִבְרִיָּה: מָה אָמָה הָעִבְרִיָּה בִּפְרוּטָה לָא מִקַּנְיָא, אַף אִשָּׁה בִּפְרוּטָה לָא מִיקַּדְּשָׁא.
The Gemara notes: And according to the opinion of Beit Shammai the mode of betrothal of a woman by money is derived from the case of a Hebrew maidservant, as follows: Just as a Hebrew maidservant cannot be acquired with one peruta, so too a woman cannot be betrothed with one peruta.
וְאֵימָא פַּלְגָא דְּדִינָר, וְאֵימָא שְׁתֵּי פְּרוּטוֹת! כֵּיוָן דְּאַפִּיקְתֵּיהּ מִפְּרוּטָה – אוֹקְמַהּ אַדִּינָר.
The Gemara asks: Even if Beit Shammai derive their opinion from here, how does this prove that a woman can be betrothed only with a minimum of one dinar? But why not say she can be betrothed with half a dinar, or say that she can be betrothed with two perutot, as it is possible to fulfill the redemption of a Hebrew maidservant if her sale was for either of these amounts? The Gemara answers: Since this comparison excludes betrothal with one peruta, as it indicates that a woman can be betrothed only with money of significant value, the Sages established the minimum amount at one dinar, which is a coin of substantial value.
רָבָא אָמַר: הַיְינוּ טַעְמָא דְּבֵית שַׁמַּאי: שֶׁלֹּא יְהוּ בְּנוֹת יִשְׂרָאֵל כְּהֶפְקֵר.
Rava said a different explanation: This is the reasoning of Beit Shammai, who hold that a woman can be betrothed only with a minimum of one dinar: The daughters of Israel should not be treated like ownerless property. Allowing women to be betrothed with such a small amount as one peruta is disrespectful to them.
וּבֵית הִלֵּל אוֹמְרִים בִּפְרוּטָה. סָבַר רַב יוֹסֵף לְמֵימַר: פְּרוּטָה כָּל דְּהוּ. אֲמַר לֵיהּ אַבָּיֵי: וְהָא עֲלַהּ קָתָנֵי: כַּמָּה הִיא פְּרוּטָה – אֶחָד מִשְּׁמֹנָה בָּאִיסָּר הָאִיטַלְקִי.
§ The mishna teaches: And Beit Hillel say that a woman can be betrothed with one peruta, or with any item that is worth one peruta. Rav Yosef thought to say: One peruta means any amount. There is no defined value, as a woman may be betrothed with one peruta regardless of its value at the time. Abaye said to him: But isn’t it taught with regard to this in the mishna itself: How much is one peruta? It is one-eighth of the Italian issar. This shows there is a defined value for one peruta.
וְכִי תֵּימָא: הָנֵי מִילֵּי בְּדוֹרוֹ שֶׁל מֹשֶׁה, אֲבָל הָכָא כְּדַחֲשִׁבָה לְהוּ לְאִינָשֵׁי – וְהָא כִּי אֲתָא רַב דִּימִי אָמַר: שִׁיעֵר רַבִּי סִימַאי בְּדוֹרוֹ כַּמָּה הִיא פְּרוּטָה: אֶחָד מִשְּׁמֹנָה בָּאִיסָּר הָאִיטַלְקִי, וְכִי אֲתָא רָבִין אָמַר: רַבִּי דּוֹסְתַּאי וְרַבִּי יַנַּאי וְרַבִּי אוֹשַׁעְיָא שִׁיעֲרוּ כַּמָּה הָוֵי פְּרוּטָה – אֶחָד מִשִּׁשָּׁה בְּאִיסָּר הָאִיטַלְקִי!
And if you would say: This statement applies only to the generation of Moses, i.e., this was the value of one peruta in the time of the Torah, but now, at any later time, its value is determined by that which people consider one peruta, that claim cannot be correct. As when Rav Dimi came from Eretz Yisrael he said: Rabbi Simai estimated in his generation: How much is one peruta? It is one-eighth of the Italian issar. And when Ravin came from Eretz Yisrael to Babylonia he said that Rabbi Dostai and Rabbi Yannai and Rabbi Oshaya estimated: How much is one peruta? It is one-sixth of the Italian issar.
אֲמַר לֵיהּ רַב יוֹסֵף: אִי הָכִי, הַיְינוּ דְּתָנֵינָא: ״צֵא וַחֲשׁוֹב כַּמָּה פְּרוּטוֹת בִּשְׁנֵי סְלָעִים – יוֹתֵר מֵאַלְפַּיִם״ – הַשְׁתָּא אַלְפַּיִם לָא הָוְיָין, יָתֵר מֵאַלְפַּיִם קָרֵי לְהוּ? אֲמַר לְהוּ הַהוּא סָבָא: אֲנָא תְּנֵינָא לַהּ: ״קָרוֹב לְאַלְפַּיִם״. סוֹף סוֹף אַלְפָּא וַחֲמֵשׁ מְאָה וּתְלָתִין וְשִׁיתָּא הוּא דְּהָוְיָין! כֵּיוָן דְּנָפְקָא לְהוּ מִפַּלְגָא – קָרוֹב לְאַלְפַּיִם קָרֵי לֵיהּ.
Rav Yosef said to Abaye: If so, then this is in conflict with that which we learned in a baraita: Go and calculate how many perutot there are in two sela: More than two thousand. Now there are not even two thousand, and you call them: More than two thousand? Rather, the peruta is certainly worth less than one-eighth of the Italian issar. A certain old man said to them: I teach this baraita as saying: Close to two thousand. The Gemara asks: Ultimately, according to the calculation of one-eighth of an issar, the number of perutot in two sela is 1,536, which is nowhere near two thousand. The Gemara answers: Since it passes half of the second thousand it is called: Close to two thousand.
גּוּפָא, כִּי אֲתָא רַב דִּימִי אָמַר: שִׁיעֵר רַבִּי סִימַאי בְּדוֹרוֹ כַּמָּה הִיא פְּרוּטָה – אֶחָד מִשְּׁמֹנָה בָּאִיסָּר הָאִיטַלְקִי, וְכִי אֲתָא רָבִין אָמַר: שִׁיעֲרוּ רַבִּי דּוֹסְתַּאי וְרַבִּי יַנַּאי וְרַבִּי אוֹשַׁעְיָא כַּמָּה הִיא פְּרוּטָה – אֶחָד מִשִּׁשָּׁה בָּאִיסָּר הָאִיטַלְקִי. אָמַר לֵיהּ אַבָּיֵי לְרַב דִּימִי: נֵימָא, אַתְּ וְרָבִין בִּפְלוּגְתָּא דְהָנֵי תַּנָּאֵי קָא מִיפַּלְגִיתוּ,
The Gemara discusses the matter itself. When Rav Dimi came from Eretz Yisrael he said: Rabbi Simai estimated in his generation: How much is one peruta? It is one-eighth of the Italian issar. And when Ravin came he said that Rabbi Dostai and Rabbi Yannai and Rabbi Oshaya estimated: How much is one peruta? It is one-sixth of the Italian issar. Abaye said to Rav Dimi: Shall we say that you and Ravin disagree with regard to the issue that is the subject of the dispute between these tanna’im.
דְּתַנְיָא: פְּרוּטָה שֶׁאָמְרוּ חֲכָמִים – אֶחָד מִשְּׁמֹנָה בָּאִיסָּר הָאִיטַלְקִי, שֵׁשׁ מָעָה כֶּסֶף – דִּינָר, מָעָה – שְׁנֵי פּוּנְדְּיוֹנִין, פּוּנְדְּיוֹן – שְׁנֵי אִיסָּרִין, אִיסָּר – שְׁנֵי מִסְמֵיסִים, מִסְמֵס – שְׁנֵי קוּנְטְרוֹנְקִין, קוּנְטְרֹנְק – שְׁתֵּי פְרוּטוֹת. נִמְצָא, פְּרוּטָה – אֶחָד מִשְּׁמֹנָה בָּאִיסָּר הָאִיטַלְקִי.
As it is taught in a baraita: The peruta mentioned by the Sages is one-eighth of the Italian issar. Six silver ma’a are one dinar, and one ma’a is worth two pundeyon. In a pundeyon there are two issar, and an issar is two masmas. A masmas is worth two konterank, and a konterank is two perutot. By this calculation, one finds that one peruta is one-eighth of the Italian issar.
רַבָּן שִׁמְעוֹן בֶּן גַּמְלִיאֵל אוֹמֵר: שְׁלֹשָׁה הַדְרֵסִין לְמָעָה, שְׁנֵי הַנְצִין לְהַדְרֵיס, שְׁנֵי שְׁמֵנִין לַהֲנֵץ, שְׁתֵּי פְרוּטוֹת לְשָׁמֵין, נִמְצָא, פְּרוּטָה – אֶחָד מִשִּׁשָּׁה בְּאִיסָּר הָאִיטַלְקִי. לֵימָא דְּמָר אָמַר כְּתַנָּא קַמָּא וְרָבִין דְּאָמַר כְּרַבָּן שִׁמְעוֹן בֶּן גַּמְלִיאֵל?
Rabban Shimon ben Gamliel says: This is not the case; rather, there are three hadreis to a ma’a, two henetz to a hadreis, two shamin to a henetz, and two perutot to a shamin. Consequently, one finds that one peruta is one-sixth of the Italian issar. Shall we say that one Master agrees with the first tanna, and Ravin, who said his ruling in the name of Rabbi Dostai and Rabbi Yannai and Rabbi Oshaya, agrees with Rabban Shimon ben Gamliel?
אֲמַר לֵיהּ: בֵּין דִּידִי וּבֵין רָבִין אַלִּיבָּא דְּתַנָּא קַמָּא, וְלָא קַשְׁיָא: הָא – דְּאִיַּקּוּר אִיסּוּרֵי, הָא – דְּזוּל אִיסּוּרֵי. הָא דְּאִיַּקּוּר אִיסּוּרֵי – קוּם עֶשְׂרִים וְאַרְבַּע בְּזוּזָא, הָא דְּזוּל – קוּם תְּלָתִין וּתְרֵין בְּזוּזָא.
Rav Dimi said to Abaye: Both my statement and that of Ravin are in accordance with the opinion of the first tanna, and it is not difficult. This statement of mine is referring to when the issar increased in value in relation to silver coins, and this statement of Ravin is referring to when the issar decreased in value. The Gemara elaborates: When the issar increased in value, twenty-four issar stood at one dinar; when they decreased in value, thirty-two issar stood at one dinar. If so, there is a set ratio between the value of a peruta and the value of silver, and there are 192 perutot in one dinar. By contrast, the ratio between the value of a copper issar and silver dinars fluctuates, so that sometimes an issar will be worth eight perutot while at other times it is worth only six.
אָמַר שְׁמוּאֵל: קִידְּשָׁהּ בִּתְמָרָה, אֲפִילּוּ עוֹמֵד כּוֹר תְּמָרִים בְּדִינָר – מְקוּדֶּשֶׁת; חָיְישִׁינַן שֶׁמָּא שָׁוֶה פְּרוּטָה בְּמָדַי.
§ Shmuel says: If man betrothed a woman with a date, she is betrothed even if a kor of dates is worth one dinar, which would mean that one date is worth much less than one peruta. The reason is that although a date has little value here, we are concerned that perhaps it is worth one peruta in Media or in some other distant place where dates are expensive. Therefore, she is betrothed in this location as well.
וְהָא אֲנַן תְּנַן: בֵּית הִלֵּל אוֹמְרִים בִּפְרוּטָה וּבְשָׁוֶה פְּרוּטָה! לָא קַשְׁיָא, הָא בְּקִידּוּשֵׁי וַדַּאי, הָא בְּקִידּוּשֵׁי סָפֵק.
The Gemara asks: But didn’t we learn in the mishna that Beit Hillel say: With one peruta or with an item worth one peruta, but not less? The Gemara explains: This is not difficult. This statement in the mishna is referring to betrothal whose status is certain. Betrothal with one peruta or an item worth one peruta is certainly valid. Conversely, this case stated by Shmuel is referring to betrothal whose status is uncertain. Although the item is not worth one peruta here, there is a concern that the betrothal might nevertheless be valid.
הָהוּא גַּבְרָא דְּאקַדֵּישׁ בִּזְווֹדָא דְּאוּדְרֵי, יָתֵיב רַב שִׁימִי בַּר חִיָּיא קַמֵּיהּ דְּרַב וְקָא מְעַיֵּין בַּהּ, אִי אִית בַּהּ שָׁוֶה פְּרוּטָה – אִין, אִי לָא – לָא. וְאִי לֵית בַּהּ שָׁוֶה פְּרוּטָה לָא? וְהָאָמַר שְׁמוּאֵל: חָיְישִׁינַן! לָא קַשְׁיָא, הָא בְּקִידּוּשֵׁי וַדַּאי, הָא בְּקִידּוּשֵׁי סָפֵק.
The Gemara relates: There was a certain man who betrothed a woman with a bundle of rags [zavda de’urdei]. Rav Shimi bar Ḥiyya sat before Rav and examined the bundle to see if it had the value of one peruta. If it was worth one peruta, yes, she was betrothed, and if not, no, she was not betrothed. The Gemara asks: And if it does not have the value of one peruta, is she not betrothed? But didn’t Shmuel say that we are concerned that the item might be worth one peruta in Media? The Gemara explains: This is not difficult. This ruling of Rav Shimi bar Ḥiyya is referring to betrothal whose status is certain, whereas this statement of Shmuel is referring to betrothal whose status is uncertain.
הָהוּא גַּבְרָא דְּאקַדֵּישׁ בְּאַבְנָא דְכוּחְלָא, יָתֵיב רַב חִסְדָּא וְקָא מְשַׁעֵר לַיהּ, אִי אִית בַּהּ שָׁוֶה פְּרוּטָה – אִין, וְאִי לָא – לָא. וְאִי לֵית בַּהּ שָׁוֶה פְּרוּטָה לָא? וְהָא אָמַר שְׁמוּאֵל: חָיְישִׁינַן! רַב חִסְדָּא לָא סָבַר לֵיהּ דִּשְׁמוּאֵל.
The Gemara further relates: There was a certain man who betrothed a woman with a blue marble stone. Rav Ḥisda sat and estimated whether it was worth one peruta. If it was worth one peruta, yes, she was betrothed, and if not, no, she was not betrothed. The Gemara asks: And if it does not have the value of one peruta, is she not betrothed? But didn’t Shmuel say that we are concerned that the item might be worth one peruta in Media? The Gemara answers: Rav Ḥisda does not hold in accordance with that opinion of Shmuel, as he holds that if the item is not worth one peruta in the place where the betrothal occurred, the betrothal is invalid.
אֲמַרָה לֵיהּ אִימֵּיהּ: וְהָא הָהוּא יוֹמָא דְּקַדְּשַׁהּ הֲוָה בַּהּ שָׁוֶה פְּרוּטָה! אֲמַר לַהּ: לָאו כָּל כְּמִינָּךְ דְּאָסְרַתְּ לַהּ אַבָּתְרָא.
The mother of the man who offered the betrothal said to Rav Ḥisda: But on that day that he betrothed her it was worth one peruta. He said to the mother: It is not in your power to render her forbidden to a later man. If another comes and betroths her, his betrothal is not dismissed due to this earlier act. Since the marble stone is not worth one peruta now, the betrothal of the second man may be valid.
לָאו הַיְינוּ דִּיהוּדִית דְּבֵיתְהוּ דְּרַבִּי חִיָּיא, (דַּהֲוֵית) [דַּהֲוָה] לַהּ צַעַר לֵידָה, אֲמַרָה לֵיהּ: אֲמַרָה לִי אֵם: קַבֵּיל בִּיךְ אֲבוּךְ קִידּוּשֵׁי כִּי זוּטְרַתְּ. אֲמַר לַהּ: לָאו כָּל כְּמִינַּהּ דְּאִימָּךְ דְּאָסְרָה לִיךְ עִילָּוַאי.
Rav Ḥisda explained: Is this not similar to the case of Yehudit, wife of Rabbi Ḥiyya, who would have painful childbirths and therefore wished to leave Rabbi Ḥiyya? She said to Rabbi Ḥiyya: My mother told me: When you were young your father accepted betrothal on your behalf from another man, which would render Yehudit forbidden to Rabbi Ḥiyya. He said to her: It is not in your mother’s power to render you forbidden to me, as this testimony is insufficient.
אָמְרִי לֵיהּ רַבָּנַן לְרַב חִסְדָּא: אַמַּאי? הָא אִיכָּא סָהֲדִי בְּאִידִית, דְּיָדְעִי דִּבְהָהוּא יוֹמָא הֲוָה בַּיהּ שָׁוֶה פְּרוּטָה! הַשְׁתָּא מִיהָא לָא לֵיתַנְהוּ קַמַּן.
Returning to the incident with the blue marble stone, the Gemara relates that the Sages said to Rav Ḥisda: Why do you say that she is not betrothed because the item is not worth one peruta in the place where the betrothal occurred? After all, there are witnesses in Idit who know that on that day it had the value of one peruta. Rav Ḥisda said to them: Now, in any event, they are not here, and therefore their potential testimony is disregarded.
לָאו הַיְינוּ דְּרַבִּי חֲנִינָא, דְּאָמַר רַבִּי חֲנִינָא: עֵידֶיהָ בְּצַד אַסְתָּן, וְתֵיאָסֵר?!
Rav Ḥisda cites a proof for his statement: Isn’t this the same as the opinion of Rabbi Ḥanina? In the case of a woman who appeared before the court and said that she was taken captive but remained undefiled, if there are no witnesses that she was captured, her entire claim must be accepted, and therefore she is permitted to her husband. Although there are witnesses elsewhere who can testify that she was taken captive, and consequently, the court need not rely on her statement alone, as Rabbi Ḥanina says: When her witnesses are far away in the north [istan], will she be forbidden?
אַבָּיֵי וְרָבָא לָא סְבִירָא לְהוּ לְהָא דְּרַב חִסְדָּא. אִם הֵקֵילּוּ בִּשְׁבוּיָה, דִּמְנַוְּולָה נַפְשַׁהּ גַּבֵּי שַׁבַּאי, נָיקֵיל בְּאֵשֶׁת אִישׁ?!
The Gemara comments: Abaye and Rava do not hold in accordance with this statement of Rav Ḥisda with regard to betrothal. In their opinion one cannot learn the halakha here from Rabbi Ḥanina’s statement, as there is a difference between the cases: If in the case of Rabbi Ḥanina the Sages were lenient with regard to a captive woman, who makes herself appear repulsive before her captor so that he will not rape her, and it is therefore believable that she was not violated, shall we be lenient with regard to the serious prohibition of a married woman?
אִישְׁתְּאַר מֵהַהִיא מִשְׁפָּחָה בְּסוּרָא, וּפְרַשׁוּ רַבָּנַן מִינַּהּ. וְלָאו מִשּׁוּם דִּסְבִירָא לְהוּ דִּשְׁמוּאֵל, אֶלָּא מִשּׁוּם דִּסְבִירָא לְהוּ כְּאַבָּיֵי וְרָבָא.
The Gemara reports: Descendants of the family of the woman who had been betrothed with a blue marble stone remained in Sura, as after Rav Ḥisda ruled that that woman’s first betrothal was invalid, she married another man and had children. But the Sages avoided the family and refused to marry into it due to the concern that it was founded on a possibly adulterous relationship, which would render the descendants of the family mamzerim. The Gemara comments: And it was not because they maintained, in accordance with the opinion of Shmuel, that there is a concern that any item might be worth one peruta somewhere else. Rather, it was because they held in accordance with the opinion of Abaye and Rava, who said: Since there are witnesses in a different place, one must take them into account.
הָהוּא גַּבְרָא דְּאקַדֵּישׁ בְּשׁוּטִיתָא דְאָסָא בְּשׁוּקָא, שַׁלְחַהּ רַב אַחָא בַּר הוּנָא לְקַמֵּיהּ דְּרַב יוֹסֵף: כְּהַאי גַּוְונָא מַאי? שְׁלַח לֵיהּ: נַגְּדֵיהּ כְּרַב, וְאַצְרֵיךְ גִּיטָּא כִּשְׁמוּאֵל.
§ The Gemara relates: There was a certain man who betrothed a woman with a myrtle branch in the marketplace. Rav Aḥa bar Huna sent this dilemma before Rav Yosef: In a case like this, what is the halakha? Rav Yosef sent a response to him: Flog him, in accordance with the opinion of Rav, and require her to receive a bill of divorce, in accordance with the opinion of Shmuel, in case the myrtle branch is worth one peruta somewhere else.
דְּרַב מְנַגֵּיד עַל דִּמְקַדֵּשׁ בְּשׁוּקָא, וְעַל דִּמְקַדֵּשׁ בְּבִיאָה, וְעַל דִּמְקַדֵּשׁ בְּלָא שִׁידּוּכֵי.
The Gemara explains that Rav would flog a man for betrothing a woman in the marketplace, because this is disrespectful and crude, and for betrothing a woman through sexual intercourse, as it is unsavory to invite witnesses to observe a man and woman enter a room to engage in intercourse. And he would also flog a man for betrothing a woman without an arrangement [shiddukhei], i.e., if he did not discuss betrothal with the woman before betrothing her. Each of these acts is considered indecent behavior.
וְעַל דִּמְבַטֵּיל גִּיטָּא, וְעַל דְּמָסַר מוֹדָעָא אַגִּיטָּא, וְעַל דִּמְצַעַר שְׁלוּחָא דְרַבָּנַן, וְעַל דְּחָלָה שַׁמְתָּא עִילָּוֵיהּ תְּלָתִין יוֹמִין,
And likewise, Rav would flog a man for nullifying a bill of divorce he has already sent to his wife, and for issuing a declaration preemptively invalidating a bill of divorce. The latter case is referring to one who announces before giving a bill of divorce that he is divorcing his wife against his will, thereby rendering the document ineffective. This behavior might lead to a grave sin if the wife marries another man under the mistaken impression that she is divorced. And similarly, Rav would flog anyone for tormenting a messenger of the Sages, as this indicates a lack of regard for the Sages. And Rav would flog one who had an excommunication take effect on him for thirty days and yet does not repent or appeal to the Sages to annul his censure.
וְעַל חַתְנָא דְּדָיַיר בֵּי חֲמוּהּ. דְּדָיַיר – אִין, חָלֵיף – לָא?! וְהָא הָהוּא חַתְנָא דַּחֲלֵיף אַבָּבָא דְּבֵי חֲמוּהּ וְנַגְּדֵיהּ רַב שֵׁשֶׁת! הָהוּא מֵידָם הֲוָת דָּיְימָא חֲמָתֵיהּ מִינֵּיהּ.
And Rav would flog a son-in-law who lives in his father-in-law’s house, as there is a concern that he might sin with his mother-in-law. The Gemara comments: This indicates that with regard to one who lives in his father-in-law’s house permanently, yes, he is flogged, whereas with regard to one who only passes by his father-in-law’s house, no, he is not flogged. But there was a certain son-in-law who passed by the entrance of his father-in-law’s house and Rav Sheshet flogged him due to licentiousness. The Gemara explains: In that case, there were suspicions [dayma] about him and his mother-in-law, i.e., about rumors of intimacy between them. In walking by the house he contributed to these rumors, which is why he was flogged.
נְהַרְדָּעֵי אָמְרִי: בְּכוּלְּהוּ, לָא מְנַגֵּיד רַב אֶלָּא עַל דִּמְקַדֵּשׁ בְּבִיאָה בְּלָא שִׁידּוּכֵי. וְאִיכָּא דְּאָמְרִי: וַאֲפִילּוּ בְּשִׁידּוּכֵי נָמֵי מִשּׁוּם פְּרִיצוּתָא.
The Sages of Neharde’a say: Rav would not flog a violator in all of the cases listed, but he would in fact flog a man for betrothing a woman through sexual intercourse without a prior arrangement. And there are those who say: Even if there was an arrangement beforehand, he would also flog a man for betrothing a woman with intercourse, due to licentiousness, as it is indecent to have witnesses observe a man and woman enter a room to engage in intercourse.
הָהוּא גַּבְרָא דְּקַדֵּישׁ בְּצִיפְּתָא דְאָסָא, אֲמַרוּ לֵיהּ: וְהָא לֵית בַּהּ שָׁוֶה פְּרוּטָה! אֲמַר לְהוּ: תִּיקְדּוֹשׁ בְּאַרְבַּע זוּזֵי דְּאִית בַּהּ. שְׁקַלְתַּהּ וְאִישְׁתִּיקָא. אָמַר רָבָא: הָוֵה שְׁתִיקוּתָא דִּלְאַחַר מַתַּן מָעוֹת, וְכֹל שְׁתִיקוּתָא דִּלְאַחַר מַתַּן מָעוֹת, לָאו כְּלוּם הִיא.
§ The Gemara relates: There was a certain man who betrothed a woman with a mat of myrtle branches. People who were present said to him: But it is not worth one peruta. He said to them: If so, let her be betrothed with the four dinars that are wrapped in the mat. The woman took the mat and was silent. Rava said: This is silence after the money is given, and any silence after the money is given is nothing. Since it was assumed at the time that he gave her an item worth less than one peruta, there is no proof that she acted in accordance with his subsequent statement. It is possible that she ignored him and did not intend to become betrothed with the four dinars.
אָמַר רָבָא: מְנָא אָמֵינָא לַהּ, דְּתַנְיָא: אָמַר לָהּ: כִּנְסִי סֶלַע זוֹ בְּפִקָּדוֹן, וְחָזַר וְאָמַר לָהּ: הִתְקַדְּשִׁי לִי בּוֹ. בִּשְׁעַת מַתַּן מָעוֹת – מְקוּדֶּשֶׁת, לְאַחַר מַתַּן מָעוֹת, רָצְתָה – מְקוּדֶּשֶׁת, לֹא רָצְתָה – אֵינָהּ מְקוּדֶּשֶׁת.
Rava said: From where do I state this opinion? As it is taught in a baraita that in a case where a man said to a woman: Take this sela as a deposit, and he subsequently went back and said to her: Be betrothed to me with it, if he said this at the time the money was given, she is betrothed. In a case where he said this after the money was given, then if she wanted to be betrothed in this manner, she is betrothed. If she did not want it, she is not betrothed.
מַאי ״רָצְתָה״ וּמַאי ״לֹא רָצְתָה״? אִילֵימָא ״רָצְתָה״ – דְּאָמְרָה: ״אִין״, לֹא רָצְתָה דְּאָמְרָה: ״לָא״, מִכְּלָל דְּרֵישָׁא,
The Gemara inquires: What is the meaning of: She wanted, and what is the meaning of: She did not want? If we say that: She wanted, means that she said yes, she wishes to be betrothed, and: She did not want, means that she explicitly said no, one can learn by inference that in the first clause of the baraita, when he spoke as he gave her the money and no difference is suggested between her wanting or not wanting,
Follow
