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Week 90 - Tuesday - 14 August 2001

KIDDUSHIN: CHAPTER 3: MISHNAH 6

One who says to a woman, "You are betrothed to me on condition that I speak about you to the governor," and "that I work for you as a laborer" - if he spoke about her to the governor, and he worked for her as a laborer, she is betrothed; and if not - she is not betrothed. "On condition that my father will consent" - if the father consented, she is betrothed; and if not - she is not betrothed. If the father died - then she is betrothed. If the son died - they instruct the father to say that he does not consent.

Kehati

One who says to a woman, "You are betrothed to me - with this perutah, on condition that I speak about you to the governor" - that I intercede on your behalf with the governor, and - or, on condition "that I work for you - do day work for you - as a laborer" - if he spoke about her to the governor, and he worked for her as a laborer, she is betrothed - for he fulfilled his condition; and if not - if he did not speak about her to the governor, or did not work for her as a laborer, she is not betrothed - the Gemara explains that the mishnah teaches that even if he fulfilled his condition and spoke about her to the governor or worked for her as a laborer, kiddushin is effective only if he also gives her a perutah; but if he does not give her a perutah, but says instead, "You are betrothed to me with the money you owe me for speaking about you to the governor," or "with the money you owe me for my working for you as a laborer," the kiddushin is not effective, since according to the Tanna in this mishnah, "hire is from the beginning to the end," i.e., the worker does not merit wages at the end of his labor, but rather accumulates them from the beginning of his work until its conclusion; therefore, wages at the conclusion of his work are a loan (a debt), and when a person betroths with a loan, kiddushin is not effected (see the explanation of the last section of mishnah 2:1).

"On condition that my father will consent" - the Gemara explains that this refers to one who betrothed a woman on condition that his father would not protest, and set a time limit for his protest, e.g., he said, "You are betrothed to me on condition that my Father will not protest within thirty days," if the father consented - if the thirty days expired and he did not protest, then she is betrothed - in accordance with his condition; and if not - i.e., the father protested within the thirty days, she is not betrothed - because his condition was not fulfilled.

If the father died - within the thirty days, then she is betrothed - since there is no longer any possibility that the father will protest. If the son - the person who betrothed her, died - within the thirty days, they instruct the father to say that he does not consent - to the kiddushin, so that the kiddushin will not be effective and she will not require yibum.

KIDDUSHIN: CHAPTER 3: MISHNAH 7

"I betrothed my daughter, but I do not know to whom I betrothed her," and one came and said, "I betrothed her," he is believed. If one said, "I betrothed her," and another said, "I betrothed her," the two of them give a get, and if they want, one gives a get and one weds.

Kehati

It was taught at the beginning of chapter 2 that a father may give his daughter in betrothal as long as she has not come of age (become a bogeret). The following mishnah (3:8) teaches that a father is believed if he says that he gave his daughter in betrothal, although he prohibits her to everyone except the person to whom she has been betrothed. Our mishnah discusses the case of a person who says that he gave his daughter in betrothal, but does not know to whom he gave her.

If a person says, "I betrothed my daughter - I received the money with which my daughter, who has not yet become a bogeret, was betrothed, but I do not know to whom I betrothed her" - and she is therefore prohibited to everyone, and one came and said, "I betrothed her" - I am the one who betrothed her through her father, he is believed - the Gemara explains that not only is he believed for the purpose of giving her a get to permit her to everyone, but he is even believed for the purpose of wedding her, since if he had not betrothed her, he would be afraid to lie in the presence of the father for fear of being contradicted. (Gemara and Rashi, Kidd. 63b).

If one said, "I betrothed her," and another said, "I betrothed her" - two people came together, and each one claims that he betrothed her, the two of them - each one of them, give a get - because of doubt and she is permitted to everyone; we do not fear that they both might be lying, and that she had been betrothed to a third person, but we say rather that one of them is not lying, and she is free with the divorce documents which she receives from them, and if they want, one gives a get and one weds - after one grants her a formal divorce by giving her a get, the second one may betroth and wed her.

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