Torah Community Connections

Week 90 - Wednesday - 15 August 2001

KIDDUSHIN: CHAPTER 3: MISHNAH 8

"I betrothed my daughter," "I betrothed her and I accepted a divorce for her when she was a minor," and, behold, she is a minor, he is believed. "I betrothed her and I accepted a divorce for her when she was a minor," and, behold, she is a grown up, he is not believed. "She was in captivity and I ransomed her," whether she is a minor or whether she is a grown up, he is not believed. Whoever says at the hour of his death, "I have sons," is believed. "I have brothers," he is not believed. If one person betroths his daughter without specifying, the bogrot are not included.

Kehati

In the introduction to the preceding mishnah we mentioned that this mishnah teaches that the father is believed when he says that he gave his daughter, who was not yet a bogeret, in betrothal, thereby prohibiting her to everyone except the one who betrothed her. The Gemara learns this from the verse, (Deut. 22:16) "And the girl's father shall say 'I gave my daughter to this man as a wife' " (see Kidd. 64a). Our mishnah teaches that he is only believed to say that he gave her in betrothal when she is a minor (ketanah) or a girl (na'arah), and still under his authority. Once she becomes a bogeret, however, he is not believed to say that he gave her in betrothal before she became a bogeret The mishnah also teaches that although the father is believed regarding his daughter's kiddushin, he is not believed to say that she was in captivity and therefore forbidden to marry a priest.

One who says, "I betrothed my daughter," or one who says, "I betrothed her and I accepted a divorce for her - I gave my daughter in betrothal and also received her get, when she was a minor," and, behold, she is a minor - and she is still a minor; this law is not restricted to a minor (ketanah), but also applies to a girl (na'arah), so long as she has not become a bogeret, he is believed - when he says, "I betrothed my daughter," he is believed to prohibit her to every man, except for the one to whom he gave her in betrothal, as was explained. And if he says, "I betrothed her and I accepted a divorce for her," he is believed to release her from her kiddushin and to prohibit her from marrying a priest, since the father is believed in matters regarding his daughter as long as she has not yet become a bogeret, and is still under his authority.

But if one says, "I betrothed her and I accepted a divorce for her when she was a minor," and, behold, she is a grown up - even though he says that he gave her in betrothal and accepted divorce for her when she was still a minor and under his authority since she is now a "bogeret" and no longer under his authority, he is not believed - to invalidate her from marrying a priest; and certainly, when he says only, "I gave her in betrothal," he is not believed to prohibit her to every man (Tjferet Yisrael).

If he says, "She was in captivity - she was held captive by non-Jews, and I ransomed her" - and by saying this he can invalidate her from marrying a priest, since it is possible that she was forced to have sexual relations with the non-Jews whether she is a minor or whether she is a grown up, he is not believed - even if she is a minor, he is not believed to prohibit her from marrying a priest, because according to Torah law the father is only believed concerning marriage, but not concerning captivity.

Whoever says at the hour of his death, "I have sons - and my wife therefore does not require yibum," is believed - even if we have heard that he has brothers, he is believed to say that he has sons, and thereby exempt her from yibum and halitzah, since his statement of exemption does not contradict our presumed facts. If it is assumed, however, that there are neither brothers nor sons, and she does not require yibum, and he says, "I have brothers" - and my wife requires yibum, he is not believed - to contradict our assumption that she is free of yibum.

If one person - who has several daughters, betroths his daughter without specifying - he accepts money for kiddushin for one of them, without specifying for whom he accepted, the bogrot are not included - among those who may possibly have become betrothed, since their father no longer has the authority to give them in betrothal. The Gemara explains that even if his daughter, who is a bogeret, authorizes him to accept money for her kiddushin, we nevertheless rule that he accepted money for the kiddushin of one of the daughters who is not a bogeret, and not for the daughter who is a bogeret, since a person will not leave aside the performance of a commandment which is incumbent upon him in order to perform a commandment which is not incumbent upon him. All the other daughters, however, who are minors, become betrothed "from doubt" (safek) since kiddushin which cannot be consummated is nevertheless considered valid (as was explained above 2:7), and each requires a get.

KIDDUSHIN: CHAPTER 3: MISHNAH 9

One who has two sets of daughters from two wives, and says, "I gave in betrothal my elder daughter, and I do not know whether the oldest of the older ones or the oldest of the younger ones, or the youngest of the older ones, who is older than the eldest of the younger ones" - they are all prohibited, except for the youngest of the younger ones; the words of Rabbi Meir. Rabbi Yose says, They all are permitted, except for the oldest of the older ones. "I gave in betrothal my younger daughter, and I do not know whether the youngest of the younger ones, or the youngest of the older ones, or the eldest of the younger ones, who is younger than the youngest of the older ones" - they are all prohibited, except for the oldest of the older ones; the words of Rabbi Meir. Rabbi Yose says, They are all permitted, except for the youngest of the younger ones.

Kehati

One who has two sets of daughters, from two wives - each wife gave birth to a set of daughters (i.e., several daughters). The mishnah refers to a case in which he married the second wife after the death of his first wife (Rashi), and consequently, all the daughters from his first wife are older than the daughters from his second wife, and - the father, says, "I gave in betrothal my elder daughter - he said to the person giving the kiddushin, "I accept the money of the kiddushin on behalf of my elder daughter," and I do not know whether the oldest of the older ones - I do not remember whether I had in mind the eldest daughter in the first group, or the oldest of the younger ones - or whether I had in mind the eldest daughter in the second group, or the youngest of the older ones - or whether I had in mind the youngest in the first group, who is older than the eldest of the younger ones" - who is older than the eldest daughter in the second group, they are all prohibited - from marrying without first receiving a get, except for the youngest of the younger ones - the youngest of all the daughters, since each one is older in relation to the daughter who was born after her;

the words of Rabbi Meir - who is of the opinion that a person will place himself in a doubtful situation, and when the father said that he gave the "older one" in betrothal, it is possible that he had in mind any one of those who could be called "older." All of them are therefore prohibited because of doubt (safek), except for the youngest of the younger group. The Gemara explains that our mishnah refers to a case in which there are only two daughters in the second group, for if there had been a middle daughter she also would be permitted, since a daughter is only called "older" when she is older than an entire group (see Tosefot Yom Tov).

Rabbi Yose says, They all are permitted, except for the oldest of the older ones - Rabbi Yose is of the opinion that a person will not place himself in a doubtful situation, and when the father said "elder," he undoubtedly had in mind that "elder" daughter, about whom there can be no doubt - the eldest daughter in the older group.

And similarly, if the father said, "I gave in betrothal my younger daughter, and I do not know whether the youngest of the younger ones - the youngest of all, or the youngest of the older ones - the youngest daughter in the first group, or the eldest of the younger ones, who is younger than the youngest of the older ones" - the oldest daughter in the second group, who is younger than all the daughters in the first group, they are all prohibited - from marrying others without a get, except for the oldest of the older ones - the oldest of all the daughters; the words of Rabbi Meir - as was explained above.

Rabbi Yose says, They are all permitted, except for the youngest of the younger ones - since the father only had in mind the daughter who can be called "the younger" without doubt - the youngest daughter in the second group, as we explained. The Gemara explains that it was necessary for the mishnah to state the disagreement between Rabbi Meir and Rabbi Yose in both cases, that of "I gave in betrothal my older daughter," and that of "I gave in betrothal my younger daughter," since it is the way of a father to call his daughter "older" if there is a daughter younger than her; the first case is stated in order to teach the opinion of Rabbi Yose, that even when he says "I gave in betrothal my older daughter," he has in mind only the oldest of the older group; the second case is stated in order to teach the opinion of Rabbi Meir, that even when he says "I gave in betrothal my younger daughter," he did not have the youngest of the younger group in mind but rather any daughter who had a sister older than her.

Return to Mishna Yomit Index

Visit the Mishna Yomit Archives