Torah Community Connections

Week 91 - Wednesday - 22 August 2001

KIDDUSHIN: CHAPTER 4: MISHNAH 9

If one authorized his agent to give his daughter in betrothal, and he went and gave her in betrothal, if his preceded - his kiddushin is kiddushin; and if that of his agent preceded - his kiddushin is kiddushin; and if it is not known - both of them give a get. And if they want - one gives a get, and one weds, And similarly, a woman who authorized her agent to betroth her, and she went and betrothed herself: if hers preceded - her kiddushin is kiddushin; and if that of her agent preceded - his kiddushin is kiddushin; and if it is not known - both of them give her a get. And if they want - one gives her a get, and one weds.

Kehati

It was already taught "A person may give his daughter in betrothal when she is a girl (na'arah) by himself or though his agent (above, 2:1), and it was also taught, "The woman is betrothed by herself or by her agent" (ibid.) Our mishnah discusses the case of a father who appointed an agent to give his daughter in betrothal and when the agent left, the father accepted money for her kiddushin from another person. The mishnah also discusses the case of a woman who appointed an agent to accept money for her kiddushin, and then betrothed herself to another person.

If one authorized his agent to give his daughter in betrothal - when she was a minor (ketanah)) or girl (na'arah), and he - the father himself, went and gave her in betrothal - received the money for her kiddushin from another person: if his - the kiddushin of the father, preceded - the kiddushin of his agent, his kiddushin is kiddushin - the kiddushin effected by the father is valid, and the kiddushin effected by the agent is not valid, since the money received by the father for kiddushin, cancels the authorization of the agent; and even though this authorization is not explicitly cancelled, it is nevertheless considered cancelled, since at the time that the agent received money for her kiddushin, she was already betrothed, and the kiddushin performed by the agent could no longer take effect (Hameiri). And if that - the kiddushin, of his agent preceded - the kiddushin of the father, his - the agent's, kiddushin is kiddushin - since his authorization was in effect and he betrothed her with the permission of the father; and if it is not known - whether the father's kiddushin preceded, or whether the kiddushin of the agent preceded, both of them give a get - if she wants to marry another person (Rashi). And if they want - one gives a get, and one weds - after one has given her a formal divorce, the other one may wed her.

And similarly a woman who authorized her agent to betroth her - to receive the money for kiddushin for her, and she went and betrothed herself - she received the money for kiddushin from another person: if hers preceded - her kiddushin is kiddushin - since the agent's authorization is cancelled, as was explained above; and if that of her agent preceded - his kiddushin - the kiddushin performed by the agent, is kiddushin; and if it is not known - whose kiddushin preceded, both of them give her a get - in order to permit her to marry another person. And if they want - one gives her a get, and one weds - as was explained above.

Why did the mishnah teach the same law regarding the woman's father and the woman herself? The reason for this is explained in the Gemara: since the father knows about lineage, and the woman does not, we might think that the law, "if his preceded, his kiddushin is kiddushin," applies only to the father, and not to the woman herself; since she is not knowledgeable regarding lineage, and will not rely on her kiddushin and cancel the authorization of her agent, thinking that he might find a person of better lineage than the one she found. On the other hand, a woman is careful to choose a husband who is suitable for her, while her father is not as careful in choosing a suitable husband, and we therefore might think that the law of "if hers preceded, her kiddushin is kiddushin," applies only to the woman herself; but not to her father, who did not cancel the authorization of the agent, and only gave her in betrothal first because he feared that his agent would not find a husband. The mishnah therefore teaches that the same law applies to a father who authorized his agent to give his daughter in betrothal, and to a woman who authorized her agent to give her in betrothal.

KIDDUSHIN: CHAPTER 4: MISHNAH 10

One who went with his wife to a land beyond the sea, and he and his wife and his children came, and he said: "Behold, this is the woman who went with me to the land beyond the sea, and these are her children" - he does not have to present evidence, not for the wife or for the children. "She died and these are her children" - he must present evidence for the children, but need not present evidence for the wife.

Kehati

Our mishnah deals with a father's reliability regarding the lineage of his children.

One who went with his wife to a land beyond the sea - a distant land, and he and his wife and his children came - he returned with his wife and children after a long period of time, and he said: "Behold, this is the woman who went with me to the land beyond the sea, and these are her children" - whom she bore to me, he does not have to present evidence not for the wife - that she is of proper lineage, for he is believed that this is his wife who went away with him, and her lineage was already examined at the time of the marriage, or for the children - that they are hers. The Gemara explains that this refers to a case in which the children cling to the mother. The Jerusalem Talmud explains the reason: we assume that a woman will not remain silent regarding children who are not her own.

If a man came from a distant land and said, "She - the woman who went with me to the land beyond the sea, died and these are her children" - he must present evidence for the children - that they were born to him by his dead wife, but need not present evidence for the wife - that she was of proper lineage, since he is believed that the woman who went with him is the woman who died, and she was already examined at the time of the marriage.

Return to Mishna Yomit Index

Visit the Mishna Yomit Archives