POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
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Previous daf Kidushin 44
KIDUSHIN 44 - dedicated by Rav Mordechai Rabin (London/Har Nof), on the day
of the Yahrzeit of his mother (28 Sivan).
1) TO MEKADESH ONE'S DAUGHTER
(a) (Mishnah): A man can Mekadesh his daughter...
2) AS WHOM IS OUR MISHNAH
(b) (Mishnah): A Na'arah that is Mekudeshes - both she and
her father can receive her Get;
1. R. Yehudah says, we never find 2 people, each of
whom has jurisdiction over 1 person; rather, only
her father can receive it.
(c) Any girl that (does not know to) guard her Get, she
cannot be divorced.
(d) (Reish Lakish): Chachamim and R. Yehudah argue similarly
regarding who can receive Kidushin for a Na'arah (only
the father, or also herself);
(e) (R. Yochanan): They only argue by divorce - by Kidushin,
all agree that only her father can receive her Kidushin.
(f) (R. Yosi bar Chanina): R. Yochanan explains Chachamim as
follows: when a girl is divorced, she returns herself to
her father's jurisdiction, so (also) she can receive her
1. When she becomes Mekudeshes, she extracts herself
from her father's jurisdiction, so only he can
receive her Kidushin.
(g) Objection: But a Ma'amar (Kidushin of a Yevamah) extracts
a girl from her father's jurisdiction, yet a Na'arah can
receive it herself!
1. (Mishnah): A Ma'amar can only be given to a
(Mekudeshes) minor with her father's consent;
(h) Correction (R. Yosi bar Chanina): R. Yochanan explains
Chachamim as follows: a girl is only Mekudeshes
willingly, so only the father can Mekadesh her;
2. It may be given to a (Mekudeshes) Na'arah with her
consent or her father's.
i. This is not the case by Kidushin.
1. She can be divorced against her will, so even she
can receive the Get.
(i) Question: But a Ma'amar needs her consent, and she can
receive it herself!
(j) Answer #1: That Mishnah is as Rebbi, who holds that a
Ma'amar works against her will.
1. (Beraisa - Rebbi): A Yavam that gave a Ma'amar
against the will of the Yevamah - this is valid;
(k) Answer #2: A Na'arah can receive a Ma'amar herself,
because she is already partially acquired to the Yavam.
2. Chachamim say, it is invalid.
i. Rebbi learns from Yibum - just as Yibum
acquires her against her will, also Ma'amar;
3. Support (for R. Yochanan - Mishnah): This is not the
case by Kidushin (that a Na'arah can receive it
ii. Chachamim learn from Kidushin - just as
Kidushin requires her consent, also Ma'amar.
iii. Rebbi holds, it is better to learn matters of a
Yevamah from matters of a Yevamah;
iv. Chachamim hold, it is better to learn from
Kidushin (because Ma'amar makes Kidushin).
4. Suggestion: The Mishnah refutes Reish Lakish!
5. Rejection: No - he can answer, the Mishnah is as R.
Yehudah, who says that jurisdiction over 1 person is
never given to 2 people.
6. Question: If it is as R. Yehudah - it should not
say, this is not the case by Kidushin; rather, it
should say, 'this is not the case by divorce' (this
is a bigger Chidush)!
7. Answer: True, that is a bigger Chidush; since the
Mishnah speaks of Ma'amar, it mentioned, Kidushin,
which is similar to Ma'amar.
8. Question: According to R. Yehudah, why is Ma'amar
different than Kidushin?
9. Answer: Ma'amar is different, because she is already
partially acquired to the Yavam.
(a) (Mishnah): A father can himself Mekadesh his Na'arah to a
man, or through an agent.
(b) Question (against Reish Lakish): The father can do this,
she or her agent cannot!
(c) Answer: The Mishnah is as R. Yehudah.
(d) Question: But the continuation of the Mishnah (46A) says,
'A man told a woman: be Mekudeshes to me with this date,
be Mekudeshes to me with this date...'
1. Question: In our Mishnah, each time he says 'be
Mekudeshes' - as whom is this?
(e) Answer: The Mishnah is R. Shimon; regarding whether a
Na'arah can Mekadesh herself (to a man), he holds as R.
2. Answer (Rabah): R. Shimon, who says that an oath
taken to many people is considered as 1 oath unless
he said 'oath' to each person.
3. Suggestion: The Mishnah is R. Yehudah; regarding
multiple (oaths or acts of Kidushin), he holds as R.
4. Rejection (Beraisa - R. Meir): The rule is: if an
encompassing (false) oath was made - he is only
liable for 1 oath; if the oath was individualized,
he is liable for each one;
i. R. Yehudah says, 'An oath, I do not owe you,
not you, not you' - he is liable for each one;
ii. R. Eliezer says, 'I do not owe you, not you,
not you - I swear' - he is liable for each one;
iii. R. Shimon says, he is only liable for 1 oath
unless he said 'oath' to each person.
(f) In the Beis Medrash, Reish Lakish was screaming 'the
Torah equates divorce to Kidushin', but no one agreed.
3) CAN A NA'ARAH MAKE AN AGENT?
(a) Question (Rava): Can a Na'arah make an agent to receive
4) KIDUSHIN WITHOUT THE FATHER'S KNOWLEDGE
1. Is she as the hand of her father, or as his yard?
(b) Answer (Rav Nachman): She cannot make an agent.
i. If she is as his hand - she can make an agent,
just as he can;
2. Question: Was Rava really unsure of this?
ii. If she is as his yard, she is not divorced
until she receives the Get.
i. (Rava): A man put a Get in the hand of his
wife's slave - she is divorced only if the
slave is asleep and she is guarding him.
3. (Summation of question): If she is only as the yard
of her father - even when the Get reaches her, it
should not work, for she is not under her father's
ii. Question: Why isn't she divorced if the slave
iii. Answer: The slave is as a yard that is not
under her watch.
4. Answer: Really, Rava knew that she is as her
father's hand; the question is, is she as strong as
her father's hand to make an agent.
(c) Question (Mishnah): A minor said 'Receive my Get for me'
- it does not take effect until it reaches her hand.
1. Inference: If a Na'arah said this, she would be
divorced when the agent gets it!
(d) Answer: The case is, she has no father (therefore, she
can make an agent).
(e) Question: But the end of the Mishnah says, if her father
told an agent to receive her Get, the husband cannot
retract the Get once the agent takes it - we see, the
Mishnah is when she has a father!
(f) Answer: The Mishnah is abbreviated; it should read
thusly: A minor said 'Receive my Get for me' - it does
not take effect until it reaches her hand;
1. If a Na'arah said this, she would be divorced when
the agent gets it.
2. This is when she has no father; if she has a father,
and he told an agent to receive her Get, the husband
cannot retract the Get once the agent takes it.
(a) (Shmuel): A minor became Mekudeshes without her father's
knowledge - she needs a Get and Mi'un (to marry someone
(b) Question (Karna): This is illogical!
1. If she needs a Get (i.e. she is Mekudeshes), there
is no need for Mi'un!
(c) They sent these opinions to Rav, but switched the names.
Rav ruled as Shmuel (truly) said, and was shocked that
(based on what he was told) Shmuel disagreed.
2. If she needs Mi'un (she is not Mekudeshes), there is
no need for a Get!
(d) Question: What is Shmuel's reason?
(e) Answer (Rav Acha brei d'Rav Ika): She needs a Get -
perhaps the father was pleased with the Kidushin;
1. She needs Mi'un - perhaps the father did not agree
to the Kidushin;
(f) (Rav Nachman): Shmuel's law only applies if the Mekadesh
had already told that father that he wants to Mekadesh
i. If people do not realize this, they will think
that she was Mekudeshes, and that if the
Mekadesh tries to Mekadesh her sister, nothing
happens - by requiring Mi'un, people will see
that something is amiss, and will ask
(g) [Version #1 (Ula): Even Mi'un is not needed.
(h) Question: Does Ula say that even if the Mekadesh already
spoke to the father?!
(i) Answer: No - Ula was not referring to what Rav Nachman
(j) [Version #2 (Ula): A minor became Mekudeshes without her
father's knowledge - even Mi'un is not required.]
(k) Question (Rav Kahana - Mishnah): (Reuven died; one of his
wives (Chanah) was a close relative of his brother
Shimon. If before Reuven died,) Chanah died, did Mi'un,
was divorced, or was found to be an Ailonis, Shimon may
do Yibum with a different widow.
1. Question: In the case that Chanah did Mi'un - who
was Mekadesh her to Reuven?
(l) Answer (Rav Kahana): The case is, she was as an orphan in
her father's lifetime (she was fully married (and
divorced or widowed before marrying Reuven), after which
she never returns to her father's jurisdiction.
Therefore, when her father was Mekadesh her to Reuven,
i. Suggestion: If her father - Mi'un would not
suffice, she would need a Get!
2. Answer: Rather, she was Mekadesh herself to Reuven,
and the Mishnah teaches that she needed Mi'un!
(m) Question (Rav Hamnuna - Beraisa): A man cannot sell his
daughter (as a slave) to relatives; R. Eliezer says, he
1. All agree that he can sell (his daughter) a widow to
a Kohen Gadol, a divorcee or Chalutzah to a regular
(n) Answer (Rav Amram): She became Mekudeshes through Yi'ud,
according to R. Yosi b'Rebbi Yehudah, who says that the
money used to buy an Amah is not considered Kidushin
money (so it is not considered that the father was
2. Question: In the case of a widow - who was Mekadesh
her to her first husband?
i. Suggestion: If her father - a man cannot sell
his daughter after having been Mekadesh her!
3. Answer: Rather, she was Mekadesh herself, and she is
considered a widow!